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MONEY SOLVES NOT ALL

"Political" resignation of the Public prosecutor has not taken place

Igor TYCHINA
³36 23.02.2001"Day»

If to consider as the centre of political events the Supreme Rada yesterday in parliament has come to the end with two "not": resignation of Public prosecutor Michael Potebenko has not taken place and the new co-ordinator of the parliamentary majority (elections are transferred for March) has not been selected. The third was brought by the chairman of the Supreme Rada Ivan Pljushch at a meeting with delegation of the German Bundestag: there are no bases a dialect it about political crisis in Ukraine. Did not vote for fraction SDPU Michael Potebenko's resignation (), NDP, green, groups «Revival of regions","Labour Ukraine», the Supreme Rada management. Communists at all were not in a hall. « For »the opposition traditional already —«Батьківщина», socialists, Ruh (Kostenko) which have joined"Reform-congress"and National ruh Ukraine (Udovenko) has voted. Probably, from - for it and with election of the co-ordinator of the majority have decided to wait, having won any time for finding-out of all circumstances in the majority which not that exists, not that is not present.

It is unpleasant to feel accused. Especially, if you the public prosecutor. Especially, if General. And, if arguments of charge much more strongly and more emotionally, though protection in in advance more advantageous position, and jurymen — under heavy pressure of political circumstances. Public is adjusted obviously spitefully. The interior is decorated by slogans impartial and offending a public prosecutor's eye. Charge is loud, protection keeps silent. On such "court" as accused not to appear at all better, procedure does not provide the blessing of a violent drive.

Here Michael Potebenko also has not appeared. At all has not sent instead of itself the assistant as the big officials usually arrive, doing not wish to be exchanged for reports any there before parliament. Argument in general iron — the State Office of Public Prosecutor nepodkontrolna to the Supreme Rada. Really, in the Constitution neither about the control from parliament, nor about reports to deputies it is told nothing. It is said only that the President with the consent of the Supreme Rada appoints the Public prosecutor, and at desire the parliament can state it mistrust that attracts behind itself its resignation. This "accountability" and "podkontrolnost" has been provided «by the Law on Office of Public Prosecutor» which has partially ceased to operate after Constitution acceptance. Which norms have ceased to operate, should solve the Constitutional court, but yet has not solved, as the corresponding reference was not. The main nuance that all previous Public prosecutors lived on «to the Law on Office of Public Prosecutor», and Michael Potebenko has decided to live under the Constitution.

He has considered, that time its report before parliament is not provided by the Constitution, and the law is doubtful enough, means and the corresponding decision of parliament illegally. And as the legislative citizen, it cannot obviously carry out illegal decisions. Also has not executed.

Arguments from both parties have been put forward the serious. The opposition accuses the Public prosecutor of inconsistency and nonprofessionalism, in regular distortion of the information on resonant affairs and frank lie, that it has transformed Office of Public Prosecutor into the tool of political prosecutions. The Office of Public Prosecutor is regularly confused in indications, making mutually exclusive statements concerning versions about George Gongadze's disappearance, identification «tarashchanskogo bodies», possibilities of conducting listening in a presidential office and reliability of records of major Melnichenko. And the main thing, according to oppositional fractions, the General public prosecutor of Ukraine has turned to the General lawyer of the President of Ukraine in «cassette business» and interferes further raskruchivaniju scandal. In turn, opponents of resignation of Michael Potebenko pay attention that the situation should not be translated from purely legal in a political plane and to reduce only to one business that it is necessary to give the chance to the State Office of Public Prosecutor to finish «business Gongadze» up to the end, and resignation of the Public prosecutor will result only in the big problems with purpose new while current job of this body will be paralysed. And the basic argument — behind the initiative of the report and Michael Potebenko's resignation there are colleagues Julia Timoshenko who try by transformation of criminal case in political to rehabilitate in the opinion of the public were vitse - the prime minister and the party leader «Батькiвщина».

Absence of the public prosecutor in parliament has played obviously not its advantage. Ignoring of requirements of parliament has offended deputies in the best feelings and has forced doubting to reflect seriously on "preventive punishment" for the public prosecutor who refuses from «appearances for evidence».

Communists have most reflected. Their package from 112 voices should play a main role as allowed opposition to count on positive voting on Thursday on one of 4 decisions providing mistrust to the Public prosecutor. In a lobby even the information on ostensibly generous offer, made fractions KPU on the eve of voting was actively discussed. In day of voting began to sound and the sum which ostensibly offered deputies for each voice pro resignation — $10 thousand. Communists have appeared in rather ticklish, though also position extremely convenient for the auctions. On the one hand, it was very heavy to them to occupy frankly one of two offered positions. Having voted for mistrust, they were automatically substituted under squall of criticism from propresidential forces and their mass media. Besides, from this position it would be very difficult to them to adjust further outlined (at least, in their statements) dialogue with the power. At the same time, having supported potebenko, they too obviously changed a declared line on oppozitsionnost to a mode. By itself, the right opposition will not fail to accuse them of arrangement to the power. The fraction «Labour Ukraine» already and so does not hide, that conducts negotiations with them about joint actions and even divides portfolios in the future government. On the other hand, position of the holder of "the gold action» opened KPU a wide field for the further political maneuvers. Therefore discussion of arguments of the parties in a narrow party circle on Wednesday proceeded till the late evening. The general line should be very flexible and allow reception of the maximum dividends from the developed situation. Some as speak, even were ready to offer the party-membership card, powerful "arguments" were such.

Traditionally safe formula has been chosen: to remain over fight and not to take part in struggle. That is to ignore voting. Thus communists in any measure managed to save the political face and not to act frankly on the party of the President with which they struggle many years successively. And the right opposition has suffered shattering defeat, not having typed in a hall not that that 226, and at least some decent quantity of voices for the decisions. In turn, propresidential fractions have confirmed ability to save the stable parliamentary majority even in the absence of its considerable part. In the bulk, the future of their Public prosecutor excited a little, many even were very much not against its resignation. But the destiny has disposed on the, and the blessing, that to Fate declination to such decision it was not necessary to apply almost any efforts.

The crisis situation and has not received a push to an outcome. Michael Potebenko's preservation on a post has shown stability of positions of the power and its readiness to resist to radical measures of opposition. Opponents of the President have received the next lesson of an inaccuracy of a way of unsystematic struggle. Probably, the person of the Public prosecutor creates problems and for the power, and sooner or later it is necessary to get rid of this ballast. Through illness or in connection with transition to other job. However, far not all problems can be solved by such formulations.

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