UKRAINE: YUSHCHENKO DECREE FOR SEPT 30 ELECTIONS,

C O N F I D E N T I A L SECTION 01 OF 02 KYIV 001396

SIPDIS

SIPDIS

E.O. 12958: DECL: 06/06/2017
TAGS: PGOV PHUM UP
SUBJECT: UKRAINE: YUSHCHENKO DECREE FOR SEPT 30 ELECTIONS,
DISAGREEMENT OVER RADA STATUS CONTINUES

Classified By: Ambassador, reason 1.4 (b,d)


1. (SBU) Summary: President Yushchenko issued a June 5
decree which established pre-term elections September 30 in
accordance with the May 27 joint statement between
Yushchenko, PM Yanukovych, and Speaker Moroz. Yushchenko
delivered a 55-minute address to the diplomatic corps June 6
summarizing the development and resolution of what he termed
a "parliamentary crisis," thanked the international community
for its patience and support, and invited international
observers for the elections. Yushchenko stated that he had
signed election-related legislation passed by the Rada May
29-June 2 as part of the compromise, even though some of the
provisions were at odds with European standards; he was
currently reviewing the 53 bills the Rada had re-endorsed,
signing some and vetoing others (note: he signed the military
exercise bill June 6). Looking forward, he considered the
Rada as a body to lack a mandate to pass further legislation.
In contrast, PM Yanukovych told reporters June 6 that he
considered the Rada legitimate and empowered to work unless
the Constitutional Court ruled otherwise.


2. (C) Comment: Although there will be many bumps along the
road, including a debate over the current status of the Rada,
it seems clear that all the major players are committed to
and preparing for September 30 elections. At the same time,
we can expect Speaker Moroz to continue to draw out the
process and question the legitimacy of the resignations by
BYuT and OU MPs. Further key action lies at the Central
Election Commission (CEC),both in terms of ruling on party
lists in light the MP resignations and in preparing for the
expected September 30 elections; the CEC is currently
reorganizing after it was reconstituted June 1. End Summary
and Comment.

Yushchenko's election decree: third time's a charm?
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3. (SBU) Yushchenko issued a June 5 decree setting a third
date, September 30, for pre-term elections, as agreed upon in
the May 27 joint statement. The decree cited the decisions
of the Our Ukraine (OU) and Tymoshenko Bloc (BYuT) executive
bodies to terminate MP mandates, as well as an October 17,
2002 Constitutional Court decision which he claimed upheld
the termination of the legitimacy of the Rada in such
circumstances. The June 5 decree superseded the April 26
(second) decree. Speaking to journalists while touring
Kherson province later June 5, Yushchenko reiterated his view
that the Rada could no longer be considered an empowered body
now that the resignation of over a third of its MPs had left
it constitutionally inquorate (300 required, per Article 82).


4. (SBU) Speaker Moroz suggested to media that the third
decree had settled the conflict between branches of power.
However, Moroz and coalition MPs also immediately raised
several procedural issues which could dog the June 5 decree,
in spite of the political agreement to hold elections on
September 30 elections. In particular, they raised the
problem of the constitutional provision that mandates that
elections be held within 60 days of such a decree, which
would suggest a decree issuance date no earlier than July 30,
and procedural steps associated with MP resignations which
had not been completed yet (Note: for his part, Moroz has
refused to read out the names of resigning MPs, as requested
by BYuT and OU MPs May 29, and has repeatedly called into
question the legitimacy of the requests).

Yushchenko to the dip corps: all sides compromised
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5. (SBU) Yushchenko followed up his decree with a 55-minute
address to the assembled diplomatic corps June 6, reviewing
the causes of what he called a "parliamentary crisis," the
primary milestones of the crisis, its resolution in the May
27 statement, and the implications going forward (prepared
English text emailed to EUR/UMB, though Yushchenko ad libbed
at length). Yushchenko thanked the international community
for its patience and support during the crisis. He stressed
that all sides had compromised in the May 27 agreement. He
personally thought provisions in the election law --
reinstitution of a 50 percent turnout threshold; requirement
for voters to be in Ukraine three days prior to election day
to vote; mobile ballot box "at home" voting -- were not
European and represented steps backwards, but agreement to
coalition conditions had been part of the compromise process.
No one had been completely happy with all terms, a sign of a
genuine compromise.


6. (SBU) Yushchenko's conclusions echoed his positions
throughout the political crisis of the past two months: the
May 27 agreement needed to be fulfilled completely; attempts

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by some political players to undermine the agreement should
be rejected (note: a clear reference to Moroz, whom he later
fingered by name); early elections was the only way out of
the political crisis, gave the final say to the Ukrainian
people, and would serve as a vaccination for Ukrainian
politicians against further constitutional violations and
political corruption. Yushchenko guaranteed the conduct of
fair, democratic, and transparent elections, rejected any use
of administrative pressure or falsification, invited
international observers to the elections, and vowed to
introduce a bill removing MP criminal immunity after the new
Rada convened.

Coalition dissonance: Rada still empowered
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7. (SBU) Not surprisingly, the coalition and Rada majority
took a different view of the Rada's status from Yushchenko.
PM Yanukovych told reporters June 6 that he considered the
Rada legitimate and empowered to work until one-third of the
MPs resigned or the Constitutional Court ruled otherwise.
The coalition majority conducted a short two-hour, desultory
session June 6 in which it voted in a first reading on minor
amendments to the Criminal Code. Moroz proposed adding to
the agenda a Socialist-drafted change to the Rada Rules of
Procedure governing resignations of MPs (note: likely
intended to complicate the OU/BYuT resignation gambit),but
Regions failed to support the last-minute addition absent
faction consultations, leading to an angry retort by Moroz
and a recess until June 7.


8. (SBU) For its part, the CEC continued internal
organization after the June 1 reconstitution of its
membership brought seven new commissioners onto the 15 member
body. The newly constituted body has not yet issued any
public pronouncements, and its website still lists former
Chair Davydovych as its head.


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