reforming the electoral system UKRAINE: PRESIDENTIAL ELECTIONS AFTERWORD
analytical materials Note the regional branch of the NISS in Kharkov
(O. Krysenko, U. Movchan, I. Rabotyagov)
current system of selecting the president - direct national elections - Means getting him a strong mandate (except in cases similar to Ukrainian, while winner supports half geographically localized voters) and makes it potentially a strong political figure. However, because of the constitutional reform of 2004, Ukraine became a semi-republic (where popularly elected for a clearly defined term president who is vested with significant powers, coexists with the prime minister and cabinet, endowed with executive power), which feature is that the "political weight" of President in such circumstances depends largely on maintaining its legislative body power. If the president has a majority in parliament - it is a "strong" figure, and if no maintenance (which we could observe in recent years) or even a majority in opposition to the head of state, that is a situation where a popularly elected president powers like the president in a parliamentary republic, elected in parliament. In this sense, is the actual experience of France, where there have been periods of "cohabitation" (Koobitatsiyi) president and prime minister, who was anti-presidential nominee of the majority. So
threat system is semi-institutional state of "war powers" between the president and head of government. The key for the president is pro-presidential majority control (which was after the President parliamentary elections of 2007), ideally - on a constitutional majority (who was President in the first half of 2005).
According to many domestic and European researchers, the combination of semi-proportional system of the republic of "closed" lists (the only opportunity to vote for a party and not for individual candidates) in Ukraine is leading to: 1) political crisis (which are inevitable in the selection of this model), 2) dismantling of the justice system; 3) political apathy of the population. Overall use of "closed" list has the following system defects:
1) deprofesionalizatsiya staff Parliament and party organizations that result from the monopoly of the party leadership to determine the membership of the list;
2) falling public confidence in the parties and representative bodies as a result of their falling into the "money bags";
3) and no direct feedback between citizens and their representatives. Using the election
single national electoral district can not respect and protect the interests of citizens, adjusted for regional specificity. Lack of representation of the principle of representative areas destroys the function of central government, as voters in Ukraine identify themselves primarily with the region's own residence.
There is another disadvantage of the proportional electoral system with a "closed" lists, and 3% pervious barrier that is that due to the large number of parliamentary players (in Parliament at this time there are 5 political groups) after the President constitutional reform in 2004 appears quite difficult to maintain constant in parliament (which confirms the experience of Yushchenko's presidency). So, before new president face a dilemma: either he agrees to a compromise coalition (as a compromise prime minister and ministers of government), or created anti-presidential coalition. Accordingly, due to the electoral system to create such a configuration parliamentary players that would not disturb the president fulfill its election program. Achieve this is possible because (for example, as was done in Russia) increased threshold, which is especially relative to the actual blocks - it will encourage party building. Alternatively
reforming the electoral system can provide a proportional system with "open" regional lists. Implementation of the system will increase the proportional component of the Parliament, will improve the structure separation of powers, enhance the representativeness of the social political system. Regional lists geographically join voters and their representatives. At the same time they do not concentrate solely on the last territorial interests at the expense of national (as was typical of the majority electees deputies). Strengthening communication between parties and voters will create a foundation for political crisis and stabilize the party and electoral system in Ukraine.
The existing electoral system leads to the weakness of institutions for representative democracy, the low efficiency of the parliament, the existence of the structure MPs problems of regional and social imbalances of political representation. The output of such a situation may strengthen the institutions державної влади та посилення основ парламентаризму (при ефективній роботі парламенту). Світова практика показує, що найефективнішим методом зміцнення the role of parliament, raising the adopted laws, elimination of regional imbalances, fighting political corruption is a reproduction of the bicameral (Bicameral) structure. Thus, the lower house could do legislative work, and the top - to consider strategic issues. Highlights for the country decisions were made to both houses.
undoubted advantage of bicameralism is that the upper house is the deterrent to a sort of "democratic extremism "of the lower house of parliament. Due to the structure of the upper chamber postiynishiy relative to the bottom, it also provides political stability. Longer process of passing bills through the upper house ensures compliance with the constitutional foundations of society. But the most important effect introduction of bicameralism in Ukrainian practice would be the leveling of the "split" of Voters of Ukraine thanks to fuller representation of regional interests in the Upper House.
Conclusions and suggestions
election program execution is possible under conditions of affiliation of the President of Ukraine Viktor Yanukovich the majority in Parliament (and therefore, the prime minister) to one political party (or coalition) with a clear position in the political and economic issues. Create a pro-coalition today is possible but only through the software or "portfolio" concessions. Accordingly, the cabinet, person and the Prime Minister found a compromise figure that narrow window of opportunity the president.
outline possible options for the president. The abolition of the constitutional reform in 2004 is unlikely, because the required constitutional majority in parliament. Early parliamentary elections Reformat parliament, under present rules of the game also does not give the president the desired result, as the need arises with the new coalition political players who get into parliament. So, again, Prime Minister may be a compromise figure. President must establish a of possible actions that would allow him to get parliament to maintain the following (or early) parliamentary elections.
Firstly - is raising the election barrier for parties that will reduce the number of parliamentary players. The new situation in parliament allows the president to get a majority in parliament and form his (or less compromise) government. This innovation also distorts centrifugal tendencies in parties and blocs.
Second - is the introduction second (upper) chamber of the parliament, which will allow the president, even blocking of the lower chamber at the top to make some laws and make budget.
Proposals for reforming the electoral system in Ukraine
1. Set differentiated electoral threshold for political parties and electoral blocks (that stimulates the party building and help create a pro-president majority). Yes, it would be to raise the threshold for political parties and 4% (as in 2002) or even 5%. Would have to raise no less than 5% threshold for electoral blocs consisting of no more than three parties to the enhancement of 1% for each additional party in the electoral unit.
2. Introduce a bicameral structure of parliament, which will strengthen the role of Parliament with a more the representative of regional representatives. Implement a majoritarian system of elections to the upper chamber. Also enter the upper chamber will reduce the number of deputies of the Verkhovna Rada. Thus, the lower house (Chamber of Deputies) would consist of 250-300 members elected for four years. The upper house (Senate) would consist of 81-96 senators (by various methods of election), elected for six years, three from each territorial unit (ARC, each region of Kyiv and Sevastopol). Apply constant practice of rotation of the upper chamber (sector rotation thirds of the Senate every 2 years), which will create the political consciousness of the political players feeling "of regular elections and will increase the political responsibility to the electorate.
3. Implement a nationwide system of regional voting lists for the lower house that stimulates party to approach to the Lists, reinforce their attention to the representation of regions and serve as the improvement of personnel policy parties on the ground.
4. Introduce preferential voting procedure ("open" party lists) with the decreased magnitude of the electoral district, that will increase the proportional component of deputies and social representativeness of the political system.
5. Introduce majoritarian system for elections to local governments, which will broaden the impact of voters in the composition of local councils, enhance communication between voters and local MPs, the reduction of the politicization of local government.
6. Take out the provisions of election laws in a separate "Code of electoral law of Ukraine ", which further minimizes interference in Ukraine's Constitution and make an independent domestic election laws state direction Creation of the Legislation.
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