All Power to Government!
President's authority to issue economic edicts expires
Appearing on television June 24, President Kuchma declared he can no
longer manage Ukraine's economy by issuing edicts "on economic issues not
regulated by law."
We will not endeavor to analyze Mr. Kuchma's conduct on the air. It
could be chalked up to the election campaign's effects and the President's
traditional desire to shift the blame onto Parliament where, apart from
everything else, all his major adversaries are encamped. There is one thing
worth noting, however. In reality, Leonid Kuchma had no serious intentions
to have his edict-issuing authority renewed, because this calls for changes
in the Constitution and no document to this effect has been submitted to
Verkhovna Rada.
Be it as it may, the end of the edict-writing period marks a very significant
stage in Ukraine's current history, regardless of the election context.
Its significance consists in the fact that from now on the political epicenter
is the Cabinet (as it should have been from the outset, considering the
existing vehicle of forming the executive branch). Of course, the "dual"
top of the executive vertical is still there, yet the chief executive's
rule is now considerably reduced, comparable to, say, a very large parliamentary
faction. On the whole, this is a big step forward (albeit unintentional)
toward openness and responsibility in Ukrainian politics. Indeed, until
recently all kinds of pressure groups had a unique opportunity to ignore
the political process, reaching their goals by wheeling and dealing in
the presidential entourage (as evidenced by the absence of any systematic
approach in the President's edicts). From now on they will have to argue
their cases with the Cabinet and the latter, unlike the Presidential Administration,
depends on Parliament and public policy. In other words, Ukrainian oligarchs
will have to take classes in parliamentary eloquence in order to be able
to make their cases in public.
Of course, it will be some time before these changes set in. Considering
that our independent history has been packed with extraordinary powers
(first vested in Premier Kuchma and later in President Kuchma), the situation
taking shape after June 28 can be referred to as basically new, although
it is likely to be appreciated by the future President, rather than the
current one, because he will have to work under these new conditions. As
for the present Chief Executive, June 28 is yet another excuse to tell
the entourage why he did not "encourage" some groups of backers or another.
Another no less important consequence of the edict-issuing deadline
will be perfect clarity in yet another crucial issue: there are no vehicles
created in Ukraine to protect against illegal, unauthorized lawmaking.
To explain, the Constitution does not forbid the President from issuing
edicts after June 28, the difference being that, according to Clause 31,
Article 105, these edicts must be issued pursuant to the laws and Constitution
of Ukraine. In other words, Mr. Kuchma, if he so desires (and there is
little doubt that he will), may continue in the same vein, but only "in
pursuance of the laws." Who can say that a certain edict has nothing to
do with the laws? It takes a court ruling on each such edict. Or the Constitutional
Court coming out with an all-embracing interpretation of the appropriate
constitutional provisos. many lances will be broken over this issue. Yet
this problem, being of crucial importance in forming a state ruled by law,
will be finally in the open.
Another forecast. Very likely the oligarchs will get their bearings
by mid-September and, being unsure of their current boss's victory, will
take up "real politics." Namely, they will busy themselves influencing
the government. Here different scenarios are possible, including Parliament
passing a vote of no confidence in the Cabinet. In any case, one can predict
more talk about the majority in Parliament and coalition government, with
the "inveterate friends," the SDPU(o) and NDP taking the most active part.
By Volodymyr ZOLOTARIOV, The Day
