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December 6, 2007

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Reference ID Created Released Classification Origin
07KYIV2973 2007-12-06 10:31 2011-08-30 01:44 CONFIDENTIAL Embassy Kyiv


DE RUEHKV #2973/01 3401031
O 061031Z DEC 07

C O N F I D E N T I A L KYIV 002973 
E.O. 12958: DECL: 12/06/2017 
REF: A. KYIV 2967 
     B. KYIV 2923 
Classified By: Political Counselor Kent Logsdon for reasons 1.4(a,b,d). 
1. (C) Summary: In a move that surprised many, especially the 
parliamentary opposition, on December 6, President Yushchenko 
submitted the nomination of Yuliya Tymoshenko to the Rada for 
a vote, just hours after receiving her nomination from the 
orange coalition via newly-elected Rada Speaker Yatsenyuk. 
According to press reports, Yushchenko will no longer insist 
on the adoption of 12 pieces of legislation by the Rada prior 
to supporting a vote on Tymoshenko's candidacy; Yushchenko 
announced this to the press after meeting with Tymoshenko 
soon after he forwarded her nomination back to the Rada. 
However, he continues to insist on adoption by the Rada of 
the 12 bills and could make this a condition of his support 
for a Rada vote on the rest of the Cabinet.  A vote on 
Tymoshenko's candidacy could come at 4 pm when the Rada 
resumes it session; however, according to statements made by 
representatives of the orange factions, a vote is unlikely to 
take place today and it is expected that Yushchenko would 
honor tradition and be in the Chamber when a vote takes 
place.  Opposition deputies acknowledge that the President's 
approval of the nomination caught them by surprise and 
confirmed that they have no plans to blockade the rostrum or 
disrupt the vote for PM. 
2. (C) Comment:  Yushchenko's quick action and apparent 
flexibility in moving ahead with a vote for Tymoshenko's 
candidacy as Prime Minister before the adoption of the 12 
laws (noted ref a) means that a Tymoshenko-led government may 
be close to reality.  Once again the orange coalition will 
need all of its members in the chamber in order to ensure a 
successful vote, although top BYuT leaders are hinting that 
others outside of the coalition (namely Lytvyn's bloc) might 
also support Tymoshenko's candidacy.  At this point, Regions 
looks shell-shocked and is apparently content to let the 
orange coalition take its best shot at forming a government. 
Should Tymoshenko's vote be successful, we urge that 
Washington consider calls to Tymoshenko and possibly 
President Yushchenko in order to congratulate the new 
government and to express our commitment to working together 
on key issues in the bilateral relationship.  End Summary and 
Yushchenko Puts Tymoshenko's Candidacy Before the Rada 
--------------------------------------------- --------- 
3.  (SBU)  When newly-elected Rada Speaker Yatsenyuk opened 
the December 6 session, it looked unlikely that there would 
be much progress made toward forming a new government. 
Although Yatsenyuk began with the announcement that he had 
forwarded Yuliya Tymoshenko's name to the President as the 
coalition's candidate for Prime Minister, as required by the 
Constitution, few expected an immediate response.  (Embassy 
Note.  The President has 15 days after receiving a nomination 
for prime minister to consider it before sending it back to 
the Rada for a vote.  End Note.)  The Rada began with a 
discussion of how best to move ahead with forming committees, 
taking a break soon after opening to discuss how best to 
proceed, with the suggestion that the Rada would break for a 
few days to finalize plans.  In the opening comments, 
representatives from Tymoshenko's BYuT and Our 
Ukraine-People's Self Defense also proposed that a special 
commission be set up, in parallel to the ongoing work of 
establishing committees, to review the 12 pieces of 
legislation proposed by the President as part of the 
coalition agreement.  Representatives of the opposition 
parties objected to this proposal, urging that the Rada focus 
on setting up its own committees first. 
4.  (C)  After a short delay, Yatsenyuk returned to the 
Chamber to announce that President Yushchenko had sent 
Tymoshenko's name to the Rada for consideration as the next 
Prime Minister.  The speed of Yushchenko's response took many 
by surprise, especially in the opposition.  Coalition members 
greeted the announcement with jubilation, giving Tymoshenko 
(in the Chamber without her signature braid) a huge round of 
applause.  Yatsenyuk then suggested that the Rada's 
coordinating council (representatives of all the factions who 
set the agenda for the Rada meetings) meet again at 3 pm in 
order to set the agenda for a full session of the Rada at 4 
pm.  Meanwhile, he would consult with the President about a 
date for his presentation of his candidate for the 
premiership in the Rada.  (Embassy note:  By tradition, the 
President will be present when the PM candidate is presented 
to the Rada; although this is not required by Rada rules or 
the Constitution.  End note.)  BYuT deputies told us that 
immediately after the announcement, Tymoshenko had left the 
Rada and headed for the President's office.  According to 
BYuT deputy Lyashko, her goal was to convince Yushchenko to 
allow the vote for PM to go ahead before getting Rada 
approval for the President's 12 pieces of legislation. 
Moving Toward a Vote 
5.  (C)  A short time after Tymoshenko's meeting with 
Yushchenko, the President made a statement noting that he was 
prepared to allow the vote on Tymoshenko's nomination to go 
forward before a vote was taken on his 12 pieces of 
legislation.  However, he also noted that he would be in 
touch with Speaker Yatsenyuk about the legislation, noting 
that it should only take 1-2 days of legislative work in 
order to pass all 12.  Yushchenko implied that he might 
support a coalition decision to have the vote on Tymoshenko's 
candidacy, but then insist on Rada consideration of the 12 
pieces of legislation before he gave his go-ahead for a vote 
on the rest of the Cabinet.  Top OU-PSD leader Roman Zvarych 
told polcouns that the orange proposal to create a special 
commission to review this legislation, even before Rada 
committees were formed, was completely legal according to the 
Constitution, predicting that the opposition would be unable 
to stop the quick review and passage of all of the bills. 
6.  (C)  Outside the Rada, Tymoshenko's top deputy Oleksandr 
Turchynov told the press that a vote on Tymoshenko's 
candidacy was unlikely to happen today (December 6), but 
would come soon.  However, BYuT deputy Lyashko was confident 
that a vote would take place immediately now that the 
President had signaled his approval by returning the 
nomination to the Rada so quickly.  Turchynov also told the 
press that Tymoshenko's nomination would be approved by a 
larger majority than the 227 votes received by Yatsenyuk as 
Speaker, implying that others beyond BYuT and OU-PSD might be 
considering supporting the coalition, namely the 20 deputies 
of the Lytvyn Bloc. 
7.  (C)  Volodymr Lytvyn himself told the press that he was 
considering supporting the orange coalition, but only if the 
coalition agreed to adopt his bloc's program -- something 
that had not yet taken place.  However, Regions' deputy 
Lukyanov, reflecting the concerns of many in the opposition, 
told polcouns that there was now evidence that Lytvyn was 
beginning to lean toward the orange side and that members of 
his bloc could vote for Tymoshenko if and when her candidacy 
came up for a vote. 
8.  (C)  Throughout the morning, Regions deputies looked 
increasingly dispirited as the orange coalition moved toward 
a vote for Tymoshenko as PM.  Yuriy Miroshnychenko told 
polcouns that Regions had been completely surprised by the 
President's decision to return Tymoshenko's nomination back 
to the Rada so quickly.  However, he also assured polcouns 
that Regions had no plans to block the process of the 
formation of an orange government, and would not block the 
rostrum or obstruct proceedings. 
9. (U) Visit Embassy Kyiv's classified website: 




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