http://en.fondsk.ru/article.php?id=2740


Strategic Culture Foundation
January 31, 2010


Ukraine: Elections or Emergency Rule?
Sergei Molchanov


The Internet abounds with forecasts concerning the second round runoff in 
Ukraine's presidential elections. Public opinion polls suggest that 
Yanukovich's victory is imminent, and the majority of experts seem to agree 
with the prediction. 

The natural question in this context is: given that from the outset the Orange 
Revolution in Ukraine prevailed as the result of the unconstitutional annulling 
of the former run-off outcome, can we expect compliance with democratic norms 
this time? 

Chances are too high that ballots will be counted by Yulia Tymoshenko's 
campaign managers. The trajectory of her ascension to power was too tricky and 
the West's investments in the Orange project too serious to believe that she 
has no Plan B for the runoff. 

When the preliminary results of the first round were announced, Tymoshenko 
immediately responded by charging that mass rigging had taken place in South 
and East Ukraine. She is a priori determined not to admit to being defeated and 
will seize every opportunity to derail the elections by instigating mass 
falsifications, provocations, mass protest rallies, and court hearings. 

It became widely known that about a thousand Georgian citizens posing as 
observers landed in Ukraine on the eve of the elections. They will launch 
provocations and attempt to destabilize the elections in Donetsk, the main city 
of pro-Russian Southwest Ukraine where Yanukovich enjoys practically undivided 
support. 

The relatively quiet conduct of the Georgian “visitors” during the first round 
of the elections only makes one await an escalation during the runoff. 
Ukrainian nationalist groups will likely contribute, and the conflicts may take 
a violent turn. Under the scenario, Ukraine will face an internal schism 
regardless of the outcome since the legitimacy of the new president will be 
open to controversy. The imposition of Tymoshenko's victory would be tantamount 
to direct suppression of the will of the majority of Ukraine's constituency. 

The Party of Region press release says: “We have reliable information about 
plans to destabilize the already complicated situation in the country. We will 
continue sharing this information with the public and resist the implementation 
of the plans”. Director of the Ukraine Department of CIS [Commonwealth of 
Independent States] Countries Institute V. Kornilov expressed the same view: 
“In case Tymoshenko loses, she will nevertheless claim that she has won. We 
must be ready to see the main battle take place not at polling stations but in 
courts and in Kyiv's main square”. 

Tymoshenko will not recognize her defeat on February 7. This is the first 
conclusion. However, there is yet another potential scenario which carries the 
risk of broader destabilization – the introduction of emergency rule in 
Ukraine. 

The second conclusion is that the outgoing President Yushchenko gives his 
support to his foe, Prime Minister Tymoshenko. For a limited period of time, 
the Orange Revolution leaders stop warring to jointly confront Yanukovich in 
the runoff. 

Yushchenko's support for Tymoshenko is not limited to useless calls to vote for 
her as the candidate representing the smaller evil. The measures taken by 
president-eject Yushchenko are clearly aimed at promoting the common Orange 
cause. He sided with Tymoshenko in the conflict over the January 25 seizure of 
the Ukraine Publishers plant. Police master Yu. Lutsenko is regarded as 
Tymoshenko's ally. The police are patrolling the perimeter of the plant while 
Yushchenko's Presidential Security Service is controlling the printing of the 
ballots. Large numbers of uncounted ballots can thus be printed and injected 
during the runoff. 

It is not Tymoshenko that Yushchenko is working for, and chances are the latter 
will emerge as the winner from the brewing conflict instead of the former. 

There is a high probability that the elections in Ukraine will end with the 
introduction of emergency rule and the prolongation of Yushchenko's 
presidential term. 

Massive falsifications and violations by both sides and clashes – ethnic and 
political – in the Crimea or elsewhere would provide Yushchenko with a pretext 
for indefinitely extending his term as the guarantor of the Constitution. 
Efforts have been made in Ukraine to probe into the public reaction to the 
establishment of “the dictatorship of law” by the law-enforcement agencies. In 
November, 2009 a major upheaval was caused by interviews on the issue given by 
former army intelligence chief and deputy director of security service A. 
Skipalski. 

Ukrainian nationalists openly espouse the plan in their blogs. A typical post 
read: “I vote for Tymoshenko in the hope that either she wins and a pro-Russian 
criminal will not become our President or she loses by a minimal margin and 
takes the case to court if not start fighting. Then the current President will 
have to disqualify both candidates and impose an emergency rule to avoid 
bloodshed”. 

The implementation of the scenario would require serious armed backing, but in 
this respect Yushchenko's resources are limited, which must be the key argument 
against the plan. The security service has no major armed units (except for a 
special forces crack team which counts a relatively small number of 
servicemen). The Ukrainian army is weak and Yushchenko can hardly expect 
loyalty from it. The police and the internal troops have the largest and most 
combat-ready forces, but the police territorial divisions are mostly under the 
de facto control of regional elites. As the result, Ukrainian nationalist 
groups – quite considerable across the country - are the main force at 
Yushchenko's disposal. 

There is almost no doubt that guerrillas from the ranks of Ukrainian and 
Crimean Tatar nationalists will be employed to provoke armed clashes in the 
Crimea and in Sevastopol. 

Provocations in the Crimea may be cited to justify expelling the Russian Navy 
from its Sevastopol base and declaring a state of emergency. 

Indicatively, Yushchenko said that a recently inaugurated Russian 
copter-carrying ship would be used by Russia to occupy the Crimea. In such a 
case, Yushchenko's claim that as the guarantor of the constitution he is trying 
to prevent the disintegration of politically divided Ukrainian society can be 
reinforced by invoking the threat to the territorial integrity of Ukraine.
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