Identifier
Created
Classification
Origin
07KYIV2202
2007-09-04 13:06:00
CONFIDENTIAL
Embassy Kyiv
Cable title:  

UKRAINE: PORA CONTROVERSY ANOTHER TEST OF ELECTION

Tags:  PGOV PREL PINR UP 
pdf how-to read a cable
VZCZCXRO7631
PP RUEHDBU
DE RUEHKV #2202/01 2471306
ZNY CCCCC ZZH
P 041306Z SEP 07
FM AMEMBASSY KYIV
TO RUEHC/SECSTATE WASHDC PRIORITY 3584
INFO RUEHZG/NATO EU COLLECTIVE
RUCNCIS/CIS COLLECTIVE
RUEHLMC/MILLENNIUM CHALLENGE CORP WASHDC
C O N F I D E N T I A L SECTION 01 OF 02 KYIV 002202 

SIPDIS

SIPDIS

E.O. 12958: DECL: 08/31/2017
TAGS: PGOV PREL PINR UP
SUBJECT: UKRAINE: PORA CONTROVERSY ANOTHER TEST OF ELECTION
SITUATION

REF: A. KYIV 001986


B. KYIV 02010

KYIV 00002202 001.2 OF 002


Classified By: Ambassador for reasons 1.4(b,d).

C O N F I D E N T I A L SECTION 01 OF 02 KYIV 002202

SIPDIS

SIPDIS

E.O. 12958: DECL: 08/31/2017
TAGS: PGOV PREL PINR UP
SUBJECT: UKRAINE: PORA CONTROVERSY ANOTHER TEST OF ELECTION
SITUATION

REF: A. KYIV 001986


B. KYIV 02010

KYIV 00002202 001.2 OF 002


Classified By: Ambassador for reasons 1.4(b,d).


1. (C) Summary. The sudden appearance of a "second" Pora
political party, its quick registration by the Central
Election Commission (CEC) and the CEC's deregistration of
eight representatives of the "real" Pora on the OU-PSD list
at worst raised questions about the use of dirty tricks, and
at a minimum, confused Ukrainian voters. The CEC on August
28 announced that Pora -- one of the nine parties in OU-PSD
-- had withdrawn from the megabloc and was registering as a
separate party, but protests from Pora members revealed that
it was a provocation, abetted by Justice Minister
Lavrynovych, to make the orange camp look disorganized and to
sow discord within the bloc. According to Pora member Serhiy
Taran, a rump Pora headed by a former party member had
created fake party stamps to replicate official documents,
and then registered the party under new leadership with the
Ministry of Justice and then the CEC. The eight coalition
CEC members voted to register the new Pora and remove the
real Pora members from the OU-PSD list (Pora had eight
slots.) President Yushchenko and Deputy Secretariat Head
Stavnychuk strongly condemned the action. The KYIV District
Administrative Court ruled on August 31 in favor of the real
Pora and OU-PSD that the registration of the new Pora was
illegal. Lavrynovych then appealed the ruling, but lost in
the Court of Appeals on September 4; the issue cannot be
appealed further. The ball is now in the CEC's court to take
action and deregister the new Pora in compliance with the
court ruling and reinstate the eight Pora party members on
the OU-PSD list.


2. (C) Comment. Given that Pora had only eight candidates on
the OU-PSD list and has low national ratings, the effort to
deregister them seems to have little to do with Pora itself.
In our view, the assistance of Justice Minister Lavrynovych,
a Regions stalwart, in getting the alternative Pora
registered lends credence to claims made by voter watchdog
CVU to us that some in Regions were behind the gambit. The

effort appears to have been intended to tarnish the image of
and sow discord within the OU-PSD megabloc; however, it also
sought to test the limits of the possibility of manipulating
the CEC, as occurred in a similar case when coalition parties
used their CEC commissioners to delay BYuT's registration
(reftels). Even if Pora is reinstated on the OU-PSD list,
the issue has been one more distraction for the unwieldy
OU-PSD bloc to manage and may have exposed real fault lines
inside the orange megabloc. With the exception of Yushchenko
and Stavnychuk's comments, OU-PSD leaders were strangely
silent on the issue, suggesting that they were not altogether
unhappy to see Pora leader Kaskiv and his party potentially
leave the bloc. End summary and comment.

Pora Coup
--------------


3. (SBU) On August 28, the press reported that Pora -- one of
the nine parties inside OU-PSD -- had held a new congress,
ousted leader Vadim Kaskiv, decided to run independently, and
presented the CEC with a new list of candidates. With the
now standard eight to seven vote, the CEC approved the new
Pora list, registered the party, and deregistered eight Pora
members from the OU-PSD list. After a couple of days of
confusion, Pora and OU-PSD took the CEC to court, arguing
that they did not want to be deregistered from the megabloc
and denying that Pora had new leadership. In addition,
President Yushchenko and Deputy Secretariat Head Stavnychuk
sharply criticized the CEC and especially the Justice
Ministry for their roles in supporting this effort by rushing
the paperwork through the process and ensuring that the
alternative Pora was immediately registered. On August 31,
the KYIV Administrative Court agreed with Pora and OU-PSD's
complaint, and reinstated the eight Pora members on the
megabloc list. Justice Minister Lavrynovych appealed the
decision September 3, but lost the case on September 4; no
further appeals are possible. We would expect to see the CEC
deregister the new Pora in the next few days, once Chairman
Shapoval has a copy of the ruling in hand, and reinstate the
deregistered Pora members on the OU-PSD list.


4. (C) On August 31, Pora member and political analyst Serhiy
Taran and head of election watchdog Committee of Voters of
Ukraine Ihor Popov told us their story of what had really
happened. According to Taran, the rump Pora, led by Yarolsav
Gudonyk, a former Pora member who had been thrown out of the
party (and later out of PSD) gathered a few real Pora
members, made his own fake Pora party stamp, and held his own
party congress. Gudonyk turned the fraudulent documents into

KYIV 00002202 002.2 OF 002


Justice Minister Lavrynovych, whose Ministry is responsible
for registering parties, and got approval as the new
"official" leadership of Pora. According to Popov, Minister
Lavrynovych himself approved the documents. The rump Pora
then took these documents to the CEC and asked to be
registered as its own party in the election. The CEC voted
8-7 down party lines to approve this, which automatically
resulted in deregistering the Pora folks on the OU-PSD list.

Not All in OU-PSD Sad to See Pora Go
--------------


5. (C) An interesting side note to this story may be that not
all inside OU-PSD objected to Pora's removal. Although Pora
only received eight spots on the bloc's election list, party
leader Kaskiv, like all constituent party leaders, was given
a seat in the OU-PSD presidium. Popov told us that Kaskiv is
a Baloha ally, who serves as a proxy vote for the Secretariat
Head in the OU-PSD presidium. Popov took Lutsenko and
Kyrylenko's silence as a sign that they were perhaps relieved
to see Kaskiv taken down a peg or perhaps even removed from
the bloc entirely.


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