Post Staff Writer
 Darnytsya residents gather around parliament deputy Leonid Chernovetsky during a rally held on the steps of Kyiv city hall on Sept. 25. Chernovetsky has filed suit to remove Kyiv Mayor Oleksandr Omelchenko from office for ignoring his constituents. (Post photo by Natalia Kravchuk) |
Recall of elected leaders, of the sort that Gov. Gray Davis of California is now facing, is not part of the normal political process in Ukraine, yet parliament deputy and attorney Leonid Chernovetsky hopes to make it possible. Chernovetsky wants citizens to be able to fire elected officials they feel have been derelict in their duties, and he has brought the issue to the forefront by asking the courts to sack Kyiv�s popular and powerful mayor, Oleksandr Omelchenko. |
Chernovetsky filed a lawsuit in Pechersk District Court on Sept. 8 that seeks Omelchenko�s removal from his post as the head of the Kyiv City Administration. In addition to arguing that Omelchenko is older than 65 and thus constitutionally ineligible to hold the position, the suit also claims that he has neglected the residents of Darnytsya, Chernovetsky�s Kyiv constituency. He said that he is taking Omelchenko to court as a citizen, rather than in his capacity as a member of parliament. Chernovetsky says that he hopes to set a precedent with the case, making it possible for others to take similar action.
In an interview published in Law & Business on Sept. 20, the lawyer admits his actions are "revolutionary," but says they will be helpful in democratizing Ukraine.
"As a Christian, I love every person, including Oleksandr Omelchenko, and I wish him only the best," said Chernovetsky, who is not affiliated with any political party. "Many people respect him and think he�s a good person. But those who come to me think the opposite, and there are many of them."
Chernovetsky called Omelchenko a "totalitarian mayor" who has become progressively worse since he "practically bought" the last mayoral election in March 2002.
"Kyiv is a super-rich city," said Chernovetsky. "However, Omelchenko is spending its money any way he chooses. Not because he�s a bad person. But because he's just a regular Soviet, from the 'left,' who has no sympathy for the real Kyiv."
The Darnytsya district became part of Kyiv in 1988, yet Chernovetsky complains that parts of the district lack services that most city residents take for granted, like natural gas service and phone lines.
Chernovetsky aides estimate that about 5,000 Darnytsya residents are without natural gas. In addition, many roads throughout the district are unpaved and street lighting is lacking, they say. Moreover, the odor from a garbage incinerator reminds citizens that the air they breathe is unclean, and a local lake needs cleaning, they claim.
More than 500 district residents turned out for a Chernovetsky-organized demonstration in front of city hall on Sept. 25. Some held signs reading, "Kyiv's budget is not just for Khreshchatyk." Chernovetsky used the occasion to present city officials with demands and a petition by the district�s residents. He was hustled out of the city council chambers after he tried to address the body.
Vasyl Tuhluk, a spokesman from the city�s press office, said that Chernovetsky's suit is a matter for the constitutional court, rather than a trial court.
"This is something that he, as a lawyer, should understand," he said. He speculated that it was a publicity stunt to boost the deputy's popularity.
Chernovetsky said that he is the only parliament deputy who meets with constituents each week. As a result, he says, he is in tune with their problems.
"Come with me to Darnytsya, and I will show you how people live there," said Chernovetsky. "The residents don't have natural gas, their water is poisoned, and there's a garbage incinerator nearby. Spend five minutes next to this incinerator, and you too will want to take Omelchenko to court. Life in the district is unbearable."
Stanislav Shevchuk, director of the European and Comparative Law Center, a Kyiv think tank, said that officials have been removed for incompetence before in Ukraine, citing the sacking of Yalta's city council secretary Olexander Kalyus five years ago. However, he adds, they were removed by presidential decree and in accordance with Ukraine's constitution, not through the courts.
"It seems as though [Chernovetsky] is trying a different track to get to the same result. Namely, to have the mayor changed," said Shevchuk. Whatever the case is, he agreed that Chernovetsky is getting publicity just by trying. It's up to a judge to decide now whether the case will be heard or not, he said.
Tuhluk said that Chernovetsky is trying to take credit for work the city will complete in Darnytsya "in less than a year."
"He wants to make it look as though he was responsible for putting in the gas lines," says Tuhluk. "[Chernovetsky] doesn't work with the city council. He doesn�t know what is being done. In a year, the residents without gas will have it."
During the protest, Darnytsya administrator Mykola Kyryliuk emerged from city hall to say that most of the problems cited would be resolved within a year. He said that specific grievances couldn't be resolved "on the street."
Bortnychi resident Volodymyr Martynynko said that he didn't necessarily want Omelchenko to be removed from office, but that he wanted the mayor to pay more attention to southeast Kyiv residents.
"In 16 years, we've received nothing," he said. "The city does nothing for us."