BY
After two days in locked in a room with
incredibly wise intellectuals, practitioners, assorted spooks past (and
probably some present), numerous ambassadors, policy, and strategy wonks, plus
other assorted aficionados, (thus this blog rightly assuming the mantle of
retard in residence), it is with reluctance entries once again appear – for it
means this gathering and meeting of enlightened and erudite minds is over (at
least when it comes to being physically present in the same room).
It is also begrudgingly noted that as
early as March 2016 the highlight of the conference/forum season in Odessa and
Ukraine has already past. There will surely not be a gathering of such
global expertise, the orating (and debating) of such insightful commentary, nor
quality recommendations for the rest of the year in Ukraine.
Thus before getting onto the subject of
this entry, a public thanks to those that sponsored, organised and attended the
Odessa Security Forum.
Particularly for the sponsors, a
shameless plug in exchange for sincere gratitude. Thanks to NATO,
The Black Sea Trust, Pridunavie, the John F Kennedy School of Government,
Harvard University, and Ukraine Today.
It was a good to see some old friends
again, and also to make new and most valued acquaintances – some of whom with
the passage of time will undoubtedly progress to the category of old friends.
This entry will not go into the
substance of this two day event – though other entries subsequent may raise
some of the issues discussed (Chatham House Rule applies if and when that
occurs).
Humble tribute made, and genuine
gratitude expressed after being seen as worthy of having an invitation, it is
time for a return to the grubby politics, strategies and internal disputes that
provide the tainted hue of much of the Ukrainian political class.
On 16th February the Verkhovna Rada
passed law 3700. The law was rightly decried as being an absolute affront
to democracy and will undoubtedly be challenged in the Constitutional Court if
not amended, or preferably repealed in its entirety.
In short, law 3700 allows political
parties to remove from their party lists (not single mandate, first past the
post seats) those candidates they no longer want after an election and after
the Central Election Committee has recognised them.
Thus a party who placed candidates on
the proportional representation party list may remove those upon it after an
election has occurred and been recognised officially.
It therefore follows that should an
individual (or many individuals) vote for Party X because Candidate Y was
number 27 on the party list, following CEC recognition, the party can simply
strike off Candidate Y and replace them before they assume their democratic
mandate.
To go to the extremes, in theory, a
party can stuff the top half of its party list with reformers that have
traction with the public, fill the bottom half with odious hangovers from
post-Soviet oligarchical politics, have the CEC recognise the result, and then
strike down the reforms en masse leaving the seats to be filled by the
loathsome – lawfully.
The law is clearly undemocratic, and
hands power to the party leadership to simply select their chosen (and far too
oft nefarious) men/women to fill the seats won under the proportional
representation system. The invitation for internal party corruption and
buying/selling of seats due to the arbitrary selection by party leaders is as
plain as it is grotesque.
On 25th February, further sullying and
already dubious commitment to reforms, President Poroshenko signed these
poisoned prose into law – once again to rightful squeals and loud public
laments from the reform orientated democracy advocates.
The questions are therefore why would
President Poroshenko sign into law such a blatantly offensive and odious text
when his reform credentials are now deeply suspect within the national
constituency (and to be blunt the international community too)? He has
stated numerous times that there will be no early Verkhovna Rada elections this
year, so why not send it back to the Verkhovna Rada with “Must try harder”
scrawled across it? Is there not ample time to produce something that
holds democratic integrity if such a law is necessary whatsoever? He must
surely be aware that this law will be rigorously challenged and also adversely
effect his steadily decreasing popularity.
The answer is that the law, whilst
remaining the law, provides President Poroshenko with the (perhaps temporary)
ability to correct a problem within the exiting party list from the last
elections of 2014.
It seems likely that there will be some
changes both within the Cabinet of Ministers and the Presidential
Administration during the on-going negotiations over a reshuffle. It is
quite possible that any outcome will bring about the requirement to bring into
parliament the next name (or perhaps several names) on the 2014 party list of
Block Poroshenko.
Unfortunately for President Poroshenko
the very next name on the list is Andrei Bogdan.
Mr Bogdan is the current lawyer and
friend of Gennady Korban. Mr Korban is currently in and out of prison
pending trial for numerous serious allegations. Some would say that he is
indeed getting his richly deserved comeuppance for an entirely dubious history.
Some will state that as he is close to Ihor Kolomoisky, he is but a pawn
in a game being played between Messrs Kolomoisky and Poroshenko. It is
also rumoured that Mr Bogdan is now also a member of another political party.
Either way, and any which way a reader
may perceive it, there is no way as Mr Korban’s lawyer and chum, Andrei Bogdan
can remain comfortably atop the party list waiting to enter the Verkhovna Rada
under the presidential flag at a time of internal political flux and Verkhovna
Rada reshuffling. Hence the cynical may conclude that this clearly
undemocratic and potentially corruption enhancing law was both passed and
signed into statute within a fortnight to provide a lawful path to undo a
previous political error.
Lo, it will come as no surprise that
within one month of this law entering into force, on 26th March 2016, the
“presidential party” has purged itself of those it no longer wants waiting upon
its 2014 party list having now gained the approval and recognition of the CEC
(under the chairmanship of Mr Okhendovsky) to remove them.
The very first name on that list of those
struck off being that of Andrei Bogdan – (There were 12 others (Malovatskoho,
Malashenkovoyi, Ryabykina, Vovk, Friedman, Raupova, Ilyashenka, Tarasovtsya,
Revenko, Byedovoho, Leshyka and Velimovskoho).
The immediate issue relating to the
required denial of Andrei Bogdan entering the Verkhovna Rada should any
reshuffle present the opportunity is now resolved. (Not withstanding
another 12 on the party list too).
The law may or may not get struck down
in the future, but certainly not before any early Verkhovna Rada elections that
may occur during the Spring of 2017. Those elections will require new
party lists which will certainly not feature Mr Bogdan on anything associated
directly with President Poroshenko’s official party – or indirectly and unofficially
supported Bankova project/technical parties.
Whether this offensive legislation will
survive and for how long remains to be seen, for it can also be interpreted as
a very crude method of buying Verkhovna Rada proportionally represented party
seats when the leadership can pick and choose who fills them post election and
CEC recognition. Perhaps it was never designed to last, then again,
perhaps it was.
No comments:
Post a Comment