Draft Law of Ukraine No. 13/06-VR

[Cyclonic]

Draft Law of Ukraine No. 13/06-VR "On Ratification of the Treaty on the Strategic Lease and Joint Security Arrangement Concerning the Crimean Peninsula"

** Stage: Committee on Foreign Policy **
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"Order, order!" Eduard Kobzar, Chairman of the Verkhovna Rada's Committee on Foreign Policy, looked visibly frustrated as he looked menacingly at his raucous colleagues. He was really looking to wrap things up now; they had been at the draft law for six hours. Gradually, the clamour died down.

"I call Deputy Fedir Nazarovych for his statement. After that, we will take a vote on our recommendation to the full Rada."

Fedir Chernenko, an experienced political operator who had been in the Rada since 1991, was a noted orator whose opinion was highly valued, not to mention influential, in the committee; a rare breed when the Rada had so thoroughly been subjected to President Kuchma's iron will. The other Committee members were likely to be swayed by his vote.

"When we were promised that Ukrainian interests would come before those of other countries," he growled, "we were not told that Ukrainian interests had changed to align with those of another country. In other words, it is disingenuous- no, it is lying- to say that this is putting Ukraine first. In reality, it is putting Russia first. What do we get out of this deal? We lose territory, a strategically vital naval base in the Black Sea, and for what? About two months' worth of tax revenue!"

There were some approving thumps on tables from other members; mostly the newer, younger, greener members who wanted a figure of authority to follow. The older, more experienced members sat in stony silence, their faces blank.

"Our navy will soon comprise of 10 destroyers and 6 cruisers. 16 surface ships in one sea is a menacingly threatening force. We should not have to rely on another country- certainly not one as unreliable as Russia- for our national security. Who knows what will happen if Ukrainian sovereign land- because this is still Ukrainian territory- is used against a foreign power? Who knows if Crimea will be used against us? What will happen then- do you think that Russia would willingly cede territory to their enemy because of a piece of paper? We now have to commit land forces to defend our southern flank, when previously we could rely on our navy to do it. The irony is we have to spend that five billion dollars on more troops to defend our border with Crimea, when previously we didn't have to worry about it at all."

"You have heard the testimony of our military leaders, our civil servants, our officials in Crimea. They were not consulted, nor were they aware of this deal. We are being asked to rubber stamp the deal, not scrutinise it as we would with any other draft law. Kuchma has time and time again shown contempt of the Verkhovna Rada, and this is no different. We must show that we are still a political force to be reckoned with- not just us, but the people as a whole must remain relevant when considering deals which affect our collective national security."

"It is remarkable how easily Russia has taken our territory. Russia has invaded and taken Ukrainian land with nothing more than a piece of paper and some sweet words to President Kuchma. I cannot in good conscience watch our country be sold off to a foreign power. Are we still the Republic of Ukraine, or simply Ukraine Oblast?"

The committee burst into applause when he finished. Even some of the more experienced members looked persuaded.

"The choices before us," Chairman Kobzar declared, "are recommendations to the full Rada. We can recommend that the draft law be adopted in its first reading, rejected or returned to the President, who proposed the draft law of ratification, for further amendments. Our recommendations are non-binding but do carry weight in the Rada. I will start with the choice to recommend that the draft law be adopted. If that fails, I will propose that we recommend that the draft law be returned for revision. If that fails, I will propose that we recommend that the draft law be rejected."

"I propose that we recommend that the draft law be adopted."

He went round to each member. At the end, the vote was on a knife-edge- 15 in favour, 15 against. Kobzar himself had to cast the deciding vote; following convention, he chose to preserve the status quo, voting against. Conventions still had some role to play in committees, even if intimidation was the norm in the full Rada; the smaller, more private and hence prestigious space were the final holdouts against Kuchma's one-man rule. A member could very often vote for the President in the Rada and against him in committee- though most of the time they failed to have any effect on Kuchma's legislative agenda. His will always prevailed.

Already there were murmurs of surprise and anxiety. Kuchma had ruled the Rada with such an iron fist that it was unprecedented for a draft law, especially one he had proposed personally, to fail. How would he take the defeat?

Returning the draft law for revision is rare, especially if it is a treaty, Kobzar thought privately. It is likely that we will vote to reject the draft law- and what will happen then? Uproar! We probably won't make it out of the building alive- the SBU will be waiting!
"I propose that we recommend that the draft law be returned for revision."

Again, he asked each member for their vote. At the end, another upset- 16 in favour, 14 against. Kobzar declined to vote. It seemed to be a compromise; no doubt the final few members, having seen everyone else's vote and knowing the likely final tally, decided that this was better than an outright rejection.

Kobzar sighed, anxious to see how the President would react. He had to keep working, though; they now had to vote on Deputy Chernenko's proposed reasons for the recommendation. It was a foregone conclusion, however, that if they recommended to return the draft law for revision they would have to pass the reasons for their vote, and usually the rapporteur, the proposer of the draft law, did so. But Valentyn Romanenko, the rapporteur in question and a known lackey of Kuchma, clearly did not want to justify a vote he had voted against in. So Chernenko proposed his own, which were swiftly adopted.

Recommendation: That Draft Law No. 13/06-VR be returned to the subject of legislative initiative for revision in the plenary session of the Verkhovna Rada.
The recommendation is based on the need to address the following issues:

• The draft law threatens the territorial integrity of Ukraine with little benefit to show for it.
• The draft law would necessitate further military spending to defend Ukraine's southern border which has not been budgeted for.
• The proposed sum of five billion dollars is too low to account for the increased spending.
• Ukraine's national interests are being subjugated to those of Russia.

 

[Cyclonic]

Draft Law of Ukraine No. 13/06-VR "On Ratification of the Treaty on the Strategic Lease and Joint Security Arrangement Concerning the Crimean Peninsula"

** Stage: First Reading **
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The tension was palpable inside the chamber as deputies huddled together in small groups, whispering nervously to each other. It was just twenty minutes or so before the session was called to order, and there had been no compromise between the two factions. The Mariinskyi Faction, so called because of the residence of the President, was led by Mykola Azarov, the Prime Minister. For the past few hours he had been walking back and forth between the various groups of deputies, hearing out their concerns and giving assurances on a wide range of issues related to the treaty- that it would not be used in a war against one of Ukraine's allies, that we would be able to keep surveillance on what was happening in Crimea, that criminals who escape to Crimea would be duly extradited. Would there be a border between nominally Ukrainian territory? Would Ukrainian citizens have to show their passport to go from one part of Ukraine to another, albeit with one part being controlled by a foreign power. The general consensus was that the practicalities had not been thought out very well.

On the other side was Fedir Nazarovych, leading the Orange Faction. This was named after the colour of the Our Ukraine Bloc, a political party of which Fedir was a member, but it was broader than that and spanned across multiple parties. It was the ad hoc opposition faction which came together sometimes around various specific issues, then dissolved again when more bipartisan issues came up. This was the nature of politics in Kyiv; political parties were arbitrary lines, ad hoc coalitions were formed and dissolved when it was convenient, even the President was not a member of any party, and had to rely on factions to get his agenda passed. And his usual loyal faction was wavering.

It was widely expected for there to be some kind of backhand deal done between the two factions before the final vote; and indeed if possible before the session itself. But this deal was proving to be increasingly elusive as both sides refused to budge. Total withdrawal was proposed and rejected. Amendments were dismissed on the grounds that the Russians would never agree to them. The biggest fear was that the Mariinskyi people would lose this vote, and with it the confidence of the Rada, and then there would be broad consensus that the President should resign and the government would collapse.

As the clock ticked closer to the start of the session, the Prime Minister, who had been brooding in his seat for the past few minutes, stood up and marched briskly to Fedir. His aides nervously followed, unsure of what Mykola wanted. Mykola gave a meaningful glare at Fedir, then, as he was approaching, turned sharply to the left, marching out of the door. Mykola followed.

"Fedir Nazarovych," Mykola muttered, "Your lack of cooperation is disappointing."

"Your lack of principles is disappointing." Fedir shot back.

Mykola glared at him again. Silence fell on the two.

"I am aware that you are pioneering a transparency initiative through Parliament." Mykola said at last. "It is currently stalling in committee thanks to the government's efforts."

"Yes, it is frustrating that the government which wants to expand its own surveillance powers on the basis that if you have nothing to hide you have nothing to fear is itself hiding a lot..."

"Yes, well... we would be prepared to lift our objection to that draft law, in exchange for your support to this one. A quid pro quo."

Fedir has to physically stop himself from bursting out laughing. "You cannot compare the two!" he exclaimed. "One is about the territorial integrity and sovereignty of Ukraine, the other... well, in comparison it's a minor bureaucratic issue. It just changes the definition of a few classifications, that's all."

"Your passionate speeches on the transparency initiative paint a different picture... I personally think that the two are equivalent in importance. It would revolutionise the way that this government operates if more documents are made open. I believe that you recently proposed an amendment to your own draft law which would make it an amendment to the Constitution."

Silence again.

Fedir weighed up his options. On the one hand, his stance on the draft treaty was universally popular among the people. On the other, so was his transparency initiative. Indeed, the Orange Faction had recently shown signs of division over its failure to pass the draft law, and the draft treaty had provided a rare rallying point for them to come together and forget their petty differences. But once this was over, he would have little chance of keeping his faction together. He had been planning for months now to bring his faction into a political party, with him as leader, unifying the opposition and making it easier to hold the government accountable. This would require total unity even when there wasn't an existential crisis to the sovereignty of the country to unify around.

These thoughts raced through his head as the Prime Minister continued.

"There is also the issue of your brother..."

"Vasyl? What about him?"

"A criminal case against him will be opened in the next few weeks, relating to certain irregularities in his tax filings. To put it bluntly, he has embezzled millions from KMDB, the state-owned arms company." The Prime Minister smirked. "It will be the largest corruption case in this decade, and will make headlines, I can assure you. Even without the fact that he is the brother of a prominent deputy..."

Carrot and stick. The government was promising their cooperation, as well as intimidation. Fedir knew full well that the Prime Minister had made that up on the spot; he would've revealed that much earlier if it was true. But that didn't matter. Within weeks a full criminal complaint would be filed, complete with transcripts, records, witness statements and the missing cash found in Vasyl's house. It would indeed destroy Fedir's career, and eliminate the leadership of the opposition in one fell swoop.

Fedir knew he had no choice. If he wanted to save his career for another day... it would be a major setback to give ground now, but it would be worth it in the long term. He just had to convince his colleagues.

He raced back inside the chamber. Ten minutes until the session started. He gathered his closest confidants and told them what the Prime Minister had told him. There was no doubt- they would make a full U-turn, to save the fight for another day.

***
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"Fellow deputies, colleagues, people of Ukraine," Fedir began, surveying the crowd of deputies listening intently to his speech. "There comes a time when a broken clock is still right.... this is one of them."

A murmur of confusion and concern swept through the chamber.

"I find the Prime Minister's arguments in favour of this draft treaty to be compelling. Although I am a firm believer in the indivisible integrity of our territory, geopolitical realities are not so romantic. We must ensure that we have strong allies in the region, and we must not risk becoming an international pariah, even if that comes at the expense of some territory."

The murmur now crescendoed to outcry. Deputies were standing up and clamoring for a chance to object. The chairman gestured for them to sit down.

"I too wish that there were better ways to advance Ukraine's national interests. But all things come at a cost. We must at least be happy that we are being paid, as we are billions in debt- it is an uncomfortable truth, but it is true- and we must repay that debt! I urge you all to vote in favour- yes, in favour- of this draft law, for the betterment and welfare of the people of Ukraine!"

Shouts and screams abounded through the chamber. Deputies angrily walked out or stamped their feet in disapproval. The Mariinskyi Faction sat smugly as they watched the chaos unfold. The Orange Faction never looked more divided than now.

The reality was, however, that most of the Orange Faction were not so outspoken or principled. They respected Fedir's advice on a personal level, as an elder statesman and someone whose judgment could be relied on. So, when it came time to vote, those moderates combined with the government's deputies, and a tight victory was clenched.

Decision: That Draft Law No. 13/06-VR be read for a first time, with 204 in favour and 191 against.