Identifier
Created
Classification
Origin
06KYIV4478
2006-12-06 15:42:00
CONFIDENTIAL
Embassy Kyiv
Cable title:  

UKRAINE: STAND BY YOUR MEN: YUSHCHENKO RAISES THE

Tags:  PGOV PREL UP 
pdf how-to read a cable
VZCZCXRO8041
PP RUEHDBU
DE RUEHKV #4478/01 3401542
ZNY CCCCC ZZH
P 061542Z DEC 06
FM AMEMBASSY KYIV
TO RUEHC/SECSTATE WASHDC PRIORITY 0618
INFO RUCNCIS/CIS COLLECTIVE
RUEHZG/NATO EU COLLECTIVE
C O N F I D E N T I A L SECTION 01 OF 02 KYIV 004478 

SIPDIS

SIPDIS

E.O. 12958: DECL: 12/06/2016
TAGS: PGOV PREL UP
SUBJECT: UKRAINE: STAND BY YOUR MEN: YUSHCHENKO RAISES THE
STAKES OVER FM TARASYUK, DEFMIN HRYTSENKO

REF: A. KYIV 4433

B. KYIV 4435

C. KYIV 4285

Classified By: Charge a.i. Sheila Gwaltney, reason 1.4 (b,d)

C O N F I D E N T I A L SECTION 01 OF 02 KYIV 004478

SIPDIS

SIPDIS

E.O. 12958: DECL: 12/06/2016
TAGS: PGOV PREL UP
SUBJECT: UKRAINE: STAND BY YOUR MEN: YUSHCHENKO RAISES THE
STAKES OVER FM TARASYUK, DEFMIN HRYTSENKO

REF: A. KYIV 4433

B. KYIV 4435

C. KYIV 4285

Classified By: Charge a.i. Sheila Gwaltney, reason 1.4 (b,d)


1. (SBU) Summary. President Yushchenko raised the stakes in
the accelerating power struggle between his circle and that
of PM Yanukovych December 5 by issuing a decree reinforcing
Tarasyuk's status as Foreign Minister, notwithstanding the
December 1 vote by the Rada to dismiss Tarasyuk. For its
part, Yanukovych's team denied Tarasyuk entry to the weekly
morning cabinet meeting December 6, after PM Yanukovych, in
the U.S., called Tarasyuk "irresponsible" for going to court
to secure a ruling suspending the Rada decision. After being
denied entry to the Cabinet, Tarasyuk pledged to go back to
court to secure his full rights as Minister. Hours after
members of the Regions-led coalition registered a bill to
dismiss Defense Minister Hrytsenko December 5, Yushchenko
stood by his other remaining Minister in public comments
delivered at a stadium concert-reception to mark the 15th
anniversary of the establishment of the Ukrainian Armed
Forces.


2. (C) Comment: Our sources in the MFA confirm that the
Cabinet incident occurred as reported in the press and that
the situation is getting increasingly ugly. Both
Tymoshenko's Bloc and Our Ukraine have been increasingly open
in recent days about their intent to file requests with the
Constitutional Court to overturn all or part of the December
8, 2004 constitutional amendments which shifted many of the
President's powers to the Cabinet and the Rada majority.
Politicians and court experts have both told us that legal
grounds exist to overturn the amendments, although the
decision to ask for a ruling is clearly a political one with
uncertain consequences. The brewing storm is likely to burst
into the open once PM Yanukovych returns from the U.S. on
December 7, absent another compromise between the two
Viktors. End Summary and Comment.

Yushchenko: My right to say Tarasyuk remains FM
-------------- --


3. (SBU) In the wake of the Rada's December 1 vote to dismiss
FM Tarasyuk (ref A) and in the increasingly heated and

acrimonious struggle between the President's and Premier's
teams (ref B),the often indecisive Yushchenko issued a clear
statement in the form of a two-line Presidential decree No.
1033/2006 December 5: "In accordance with Article 106,
section one, point 3 of the Constitution of Ukraine, I order
Minister of Foreign Affairs Borys Ivanovych Tarasyuk to
continue to perform his professional duties." (note: Article
106.3 reads: The President represents the State in
international relations, administers the foreign policy
activity of the State, conducts negotiations, and concludes
international treaties of Ukraine.")


4. (C) Earlier December 5, Tarasyuk had secured a procedural
decision by the Shevchenko District Court suspending the
Rada's resolution 413-V to dismiss Tarasyuk as FM. The MFA
quickly circulated a diplomatic note to all embassies with
the text of Yushchenko's decree and notification of the court
decision (note: Tarasyuk told Ambassador after the December 1
vote that a petition to the Constitutional Court on the
Rada's ability to dismiss Presidential appointees absent
Presidential agreement had already been filed, ref A).

Yanukovych: Tarasyuk "Irresponsible," Cabinet lock out
-------------- --------------


5. (SBU) PM Yanukovych, for his part, reacted while in the
U.S. to press inquiries by calling Tarasyuk's legal gambit
appealing the Rada resolution "irresponsible." (note:
Regions' faction leader Bohatyreva openly acknowledged to the
Rada press contingent November 15 that the President could
tie up efforts to remove Tarasyuk and Hrytsenko in the courts
"for months" - ref C).


6. (SBU) Raising the stakes December 6, Minister of the
Cabinet of Ministers Anatoliy Tolstoukkov met Tarasyuk at the
door to the CabMin meeting room and denied him entry, telling
Tarasyuk he was not on the list of authorized attendees,
before escorting him to the building's entrance. Tarasyuk
later told reporters that he had shown the Shevchenko
District Court ruling, would file a court complaint to defend
his Ministerial rights, and vowed that no one else from the
MFA would attend cabinet meetings in his stead.

Extending the battle to Hrytsenko
--------------


KYIV 00004478 002 OF 002



7. (C) MPs from the three parties in the Regions-led
coalition formally filed a draft dismissal bill against
Defense Minister Hrytsenko December 5, setting in motion a
likely vote in the coming days. PM Yanukovych told several
EU country Ambassadors over lunch November 28, three days
before the Rada voted to dismiss Tarasyuk and Interior
Minister Lutsenko, that Hrytsenko would be next to go, after
his return from the United States, according to German DCM
Johannes Regenbrecht.


8. (SBU) At an evening concert-reception marking the 15th
anniversary of the founding of the Ukrainian armed forces,
Yushchenko reaffirmed support for Hrytsenko personally,
Hrytsenko's military reform program, and for Ukraine's
Euro-Atlantic aspirations. Yushchenko called on the Rada to
stop playing political games with Hrytsenko's status and the
military and instead focus on securing calm conditions in
support of military reform.


9. (U) Visit Embassy Kyiv's classified website:
www.state.sgov.gov/p/eur/kiev.
Gwaltney