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June 6, 2007

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Reference ID Created Released Classification Origin
07KYIV1396 2007-06-06 13:17 2011-08-30 01:44 CONFIDENTIAL Embassy Kyiv

DE RUEHKV #1396/01 1571317
P 061317Z JUN 07

C O N F I D E N T I A L SECTION 01 OF 02 KYIV 001396 
E.O. 12958: DECL: 06/06/2017 
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? 
--------------------------------------------- ------ 
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 
--------------------------------------------- ----- 
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 
KYIV 00001396  002 OF 002 
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, an
d 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 
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: 




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