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Where there is no law, but every man does what is right in his own eyes, there is the least of real liberty
Henry M. Robert

Short Leash for Kyiv Mayor

13 November, 2012 - 00:00

By Oksana PANCHENKO, The Day

Hearings in the case of Surkis vs. Kyiv, contesting the municipal election
turnout, started last Tuesday at the Vyshhorod District Court (Kyiv oblast).
Mr. Surkis wants the decision of the Kyiv City Election Committee overturned
and a new election held with Oleksandr Omelchenko excluded from the list
of candidates.

Mykhailo Pozhyvanov, head of the Magdeburg Law Foundation for Municipal
Reform, thinks existing law does not provide for removing an elected mayor
without a court ruling. "The trial was most likely organized by lawyers
from the President's group of supporters, so Oleksandr Omelchenko can be
kept on a short leash and understand his dependence on the "highest," presidential,
branch," says Mr. Pozhyvanov, who added, "I do not rule out the possibility
that the hearings might be over by October 31. This is a form of moral
pressure on Kyivans in particular. The state personified by the President
wants to take away their right to vote."

Mr. Pozhyvanov further considers that most documents submitted to the
court were not registered with election committees and appeared from no
one knows where. And this is not the only question arising with the start
of the hearings. It also transpired in the courtroom that the decision
to transfer the case from the Starokyivsky to Vyshhorod District Court
was made by Petro Shevchuk, Deputy Chairman of the Supreme Court of Ukraine
while on vacation. And Mr. Medvedchuk, leader of SDPU(o) and Deputy Speaker
explained the transfer by the fact that all the capital's judges were also
voters, so they could be considered biased in the case.

The Supreme Court is under no obligation to explain exactly why it decided
as it did. However, because of the change of venue the hearing began contrary
to legally set time limits, yet the judge refused to quash the case on
such grounds.

As for the Vyshhorod judge, Oleh Kryvenda, it is his first year in office,
and he shows no signs of political affiliation either way. Currently his
confirmation to a life term of office is in the hands of Verkhovna Rada,
and so is the case of the Vyshhorod Court Chairman.

According to Mr. Pozhyvanov, Oleksandr Omelchenko, accused by the plaintiff
primarily of abusing office in the course of elections, is going to claim
damages to his personal dignity and professional reputation against the
Inter Television Company and other media that supported Surkis in the campaign.

 

 

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