Valeriy Kucheruk on Ukraine

The deference of the publication of the report by Pat Cox and Aleksander Kwasniewski for one more month has added intrigue to an even more difficult situation with Ukraine’s fulfillment of the European requirements for the Association Agreement signature.

We will remind that according to an EMP Pawel Zalewski the European Parliament postponed the report by the mission for the supervision of the problem of selective justice solution in Ukraine for the whole month – from October 15 to November 15. “During the session of the Commission of External Affairs at the European Parliament the following terms were announced: 15.11 – the Cox-Kwasniewski Mission report, 18.11 – the decision on the Association Agreement signature with Ukraine,” he wrote on his Facebook page.

It must be observed that earlier Mr Cox stated that the Ukrainian leadership had received a few proposals in respect of the Yulia Tymoshenko issue solution. “We have several proposals (on the Yulia Tymoshenko issue) to resolve the problem. We have offered them to our Ukrainian partners many times. And now we are waiting for President Yanukovych’s decision,” he emphasized, adding that Ukraine had already achieved a considerable progress, having adopted laws necessary for the European integration. “Our mission welcomes these decisions as well as the fact that the situation has moved from standstill although there are still important things to be solved; and we continue working hard on the Tymoshenko issue”.

The recent resolution by the Parliamentary Assembly of the Council of Europe should be viewed in the same manner as Mr Cox’s statements and other European politicians’ as well, who insist on the resolution of the “Tymoshenko issue”. “The Assembly calls on the Ukrainian authorities to implement recently approved legislation to create an independent and impartial judicial system, which will be governed by the rule of law, and to use all possible legal mechanisms to free Tymoshenko, considering that the judicial process that led to her seven-year sentence was not impartial,” reads the document among other things.

In response to the ever growing accentuation by European politicians of the thesis that the resolution of the “Tymoshenko issue” is nearly the most important and only condition for the Association Agreement signature, Ukrainian diplomats stated that the country’s authorities “want to resolve the problem”. At the same time Minister of Foreign Affairs Leonid Kozhara underlined that a multi-million country could not be a hostage of one Tymoshenko case. According to the minister this issue cannot be politicized; it must be resolved in the legal plane – in accordance with the Ukrainian legislation.

Ukrainian journalists and experts observe that at the moment there are several ways to resolve the ‘Tymoshenko issue” legally. The first one is for President Viktor Yanukovych to pardon her; the second one is to sign a bilateral agreement between Germany and Ukraine on the possibility of medical treatment provision in the hospitals of the Federal Republic of Germany in case the necessary medical aid cannot be provided in Ukraine. Taking into consideration that the second option implies the ratification of the agreement by the parliament of both countries and amending the Ukrainian legislation, it looks unrealistic – they do not have enough time until the Vilnius Summit.

But the first possibility, which it seems the Ukrainian president prefers, is most likely not to satisfy Ms Tymoshenko as pardon does not provide for a comprehensive legal rehabilitation, closing all the criminal cases and providing the opportunity to participate in the upcoming presidential elections. According to the influential Ukrainian journalist, chief editor of the Dzerkalo Tyzhnia, Yulia Mostova, Yulia Tymoshenko “does not need surrogate solutions; she wants it all: release from prison, rehabilitation, closing the criminal cases, participation in the presidential elections”. Thus, it seems the solution of the “Tymoshenko issue” depends not only on Viktor Yanukovych’s will but also on the will of Yulia Tymoshenko herself. That it exactly the reason for the Cox-Kwasniewski Mission’s report being postponed one more time; the two implacable rivals – the representative of the authorities and the representative of the opposition – refuse to compromise with each other in their rivalry; the rivalry which holds the whole country a hostage.


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