simple majorities are meant to decide who should enforce objectively defined laws, not to endorse proposals suggested at the whim of the clique in power at the moment. the framers of ukraine's constitution realized this and instituted a system of 'checks and balances' designed to protect individuals against an unchecked majority. they called the system the constitution of ukraine.

articles 155 and 156 of that document provide a mechanism for changing the constitution. they say that proposed amendments should be submitted to the verkhovna rada in the form of a draft law. that bill 'must be first supported by no less than two-thirds of the constitutional majority of deputies before being approved by an all-ukrainian referendum designated by the president of ukraine.' today, in the name of the majority, supporters of the plebiscite inspired and organized by people who were 'moved by political conviction' [read oleksandr volkov & co.] are telling us that democracy is good because it is the 'voice of the people.'

volkov, who is being investigated by belgian police in connection with allegations of involvement in money laundering and over possible links to a russian criminal syndicate, was first on the list of individuals whom u.s. officials had urged kuchma to sever links with during the ukrainian president's dec. 8 visit to washington. although volkov recently denied allegations he had helped finance kuchma's campaign in exchange for lucrative business deals, he has taken most of the credit for organizing the upcoming referendum.

volkov and his supporters even use the word 'democracy' interchangeably with 'freedom,' employing the inane argument that because one's clan is greater than another, they are necessarily right. of the roughly 50 million citizens of ukraine, 10 million are under the age of 18 and can't vote. another 10 million are elderly or infirm and won't make it to the polling booth. of the 30 million left, only 20 million are registered to vote. and of that number, less than half will be inclined to drag themselves to polling booths when the big day comes.

you don't have to be james carville to predict the outcome of the plebiscite, which will undoubtedly reflect the will of an electorate whose facility for making informed decisions has been irreparably damaged by an unprecedented campaign to squash dissent and manipulate popular opinion.

for now, how successful the referendum crusade will be in achieving the set of objectives espoused by the incumbent remains a matter of conjecture. one thing is, however, certain. this is not democracy in action. it's just kooky.

six yes/no questions have been included in the upcoming referendum, which president leonid kuchma ordered be held on sunday, april 16. some legal experts say questions 1 to 4 are inherently unconstitutional because they contravene articles 155 and 156 of the constitution, which proscribe procedures for changing or amending the constitution.

question 5, if endorsed, will require the verkhovna rada to significantly overhaul the constitution and, ostensibly, submit it for approval by another national plebiscite. question 6 makes no sense, because ukraine's constitution already provides for same. there is, as yet, no mechanism for implementing the results of the referendum as the current legislation does not spell out clearly how the authorities are supposed to implement the 'will of the people.'

adding to the confusion is a somewhat illogical voting procedure: in order to vote 'yes,' one has to put a cross on 'no' on the ballot. in an interview with the weekly zerkalo nedeli published jan. 15, kuchma said the results of the referendum would become an 'axe' hovering over the heads of ukraine's legislators, who will be forced to work constructively fearing the dissolution of parliament.

"the referendum will take place, the decision will be taken,' kuchma said. "the people initiated the referendum and i agree with the formulation of many of the questions which exist today in society."

questions that will be put on the ballot

1. do you express no confidence in the verkhovna rada of the 14th convocation and support the following amendment to paragraph 2 of article 90 of the constitution: 'and also in case of public expression of no confidence in the verkhovna rada of ukraine in a nationwide referendum, which gives the president grounds to dissolve the verkhovna rada?'

2. do you support amending article 90, paragraph 3 of the constitution with the following contents: 'the president of ukraine may also dissolve the verkhovna rada before its term runs out if the verkhovna rada within one month fails to form a working parliamentary majority, or if it fails within three months to approve the budget submitted by the cabinet?'

3. do you agree that it is necessary to limit deputies' immunity and eliminate paragraph 3 of article 80 of the constitution: 'people's deputies cannot be held criminally responsible, detained or arrested without the consent of the verkhovna rada?'

4. do you agree that the total number of deputies should be reduced from 450 to 300 and paragraph 1 of article 76 of the constitution be amended correspondingly by replacing the words 'four hundred and fifty' with the words 'three hundred,' and corresponding changes to election legislation be made?

5. do you support formation of a two-chamber parliament in ukraine, with one chamber representing the interests of the regions of ukraine and which would see them fulfilled, as well as the introduction of corresponding changes to the constitution and election legislation?

6. do you agree that the ukrainian constitution should be approved by a nationwide referendum?

(january 20, 2000)