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[24.01.2008 16:18]  By Vira Soroka, Kyiv

Business sharks ask Yushchenko: do you take us for fools?


Victor Andriyovych only just left for Switzerland to take part in the World Economic Forum, when Yulia Volodymirivna, who had accumulated a lot of energy and labor enthusiasm during her illness, queered a huge pitch for the President.

First of all: the Prime Minister claimed that, actually, the privatization in Ukraine should be carried out exactly by her rules – those, which were criticized by the Secretariat of the President for several times. The fact is that Tymoshenko is about to include into all privatization agreements the provisions, stipulating that an agreement may be denounced at any time, without any court ruling, only by a joint decision of the Cabinet of Ministers and the Property State Fund of Ukraine, and, in this case, the money shall not be retuned to the investor!

In response to indignant retorts from the Presidential Secretariat, the Prime Minister said that nobody derogates the right of an investor to file an appeal in court against this mess.

The second peal of thunder in the clear sky sounded in the following way: the Cabinet of Ministers approved of the resolution, allowing tax and customs services employees, as well as that of “other agencies, busy with levying taxes” ( it’s interesting, who is that?) not to fulfill “evidently illegal court rulings”.

At the same time, Yulia Volodymirivna, who personally informed journalists about “the good news”, did not specify, who, and by what right, will determine “evidently illegal” court rulings.

The Prime Minister`s statements confirming her intent to do revise the price of the Russian gas transit to Europe, which was earlier categorically opposed by Yushchenko, let the President forgive me, looks really insipid. And he, probably, will not have spare time to pay attention to the gas transit in the nearest future. Unless, he will have to hear at the [World Economic] forum some endearing words from the European partners, on the topic of Ukraine’s “reliability” as a transit country for energy resources.

And the main gag, if it is possible to put it so, is another point. The President went to Davos with a “thick briefcase”, with which he hoped to interest the potential investors.

And what will they say to him now? I do not know how the business sharks will like the idea to part with honestly bought enterprises without any trial, but a normal person in this situation would say: “Do you take me for a fool?”. Moreover, even if an investor wins everything back in court, Yulia Volodymyrivna may forbid the fulfillment of the court’s ruling as  “evidently illegal” with one scratch of the pen.

By the way, it may happen that the answer of “moneybags” to Yushchenko’s alluring proposals will be a remark that, in the light of all the recent statements of the Prime Minister, Ukraine delegated not a right person for negotiations on attracting investments… And also he may hear a friendly advice to sweep his own house before inviting guest there.

By the way, following the logic of the Prime Minister, probably, it would be right to allow the population not to pay for “evidently low-quality” goods and services. And for employers – to refuse pay the wage for “evidently poor” work. And everybody will be happy and satisfied. Or not?

By Vira Soroka, Kyiv


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UkrToday : Social anarchy
I agree,. The suggestion that public officials ignore the rulings of the courts is very dangerous ad irresponsible in deed. If the problem is with the courts the fix the problem but do not compound the problem by adding a new dimension to the existing problem. There is a fine line between using the court system to correct a mistake and misusing it to delay or prevent judicial outcome . Examples of this is Yushchenko`s decision to veto decisions of the Cabinet by referring their decisions to the Constitutional court only to later withdraw his application to prevent the court from making a ruling. The courts should decide at the time of accepting a appeal weather a injunction should be issued putting a stop to proceeds pending the outcome of the courts determination. Of course there should not be any delay i teh court making a decision that would adversely effect the interest of either party. There is always a need to ensure executive power is subject`to appropriate checks and balances. This is best done by the parliament and legislation and not by decree of the executive or head of state. If the government does not agree with a court ruling then the Government can and should appeal and make its case based on law not expediency. If need be it should pass legislation to address the issue. Compensation should always be determined by a independent tribunal/court. The policy as described above is a recipe for disaster and seriously undermines confidence and security of investments if any executive government can act arbitrarily and not be subject to judicial review. Rule of law and certainty of outcome is of the utmost importance in maintaining investor confidence.
Danylo : Social Anarchist
http://mr-anthony-van-der-craats.blogspot.com/ AKA Ukrtoday
Herr Kaiser : Social Anarchist
Thanks for the link Danylo, it certainly clarifies alot.
Nestor : P-CED review
http://p-ced.blogspot.com and http://mr-jeff-mowatt.blogspot.com
Jeff Mowatt : Shrieking hypocrisy
For one who makes use of a barrister concealing their identity to pursue his personal vendetta, any comment from this observer should be taken with a bushel of salt. From one who uses the cover of a bogus consultant to a children`s camp to spend days and nights in Ukraine writing his smear blogs it should be regarded as totally suspect. That goes for the hijack of Action Ukraine Report too. He knows Jack Schitt about most things and cares least about legitimacy as his actions speak louder than his words. Fine words from one who lurks and snipes, a true worm of a human being who hasn`t even got the integrity to use his real name.

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