Ukraine faces five related problems
the
formation of the rule of law
formation of the rule of law
the
fight against corruption
fight against corruption
constitutional
reform
reform
refinancing
national debt
national debt
and
the illegal annexation of Crimea.
the illegal annexation of Crimea.
I
discuss these problems in their order of importance, starting with Crimea.
discuss these problems in their order of importance, starting with Crimea.
THE
ILLEGAL OCCUPATION AND ANNEXATION OF CRIMEA
ILLEGAL OCCUPATION AND ANNEXATION OF CRIMEA
Russia
has violated its treaty obligation under the Friendship treaty to respect
Ukraine’s territorial integrity, as well as the universally recognized
principle of territorial integrity of each State.
has violated its treaty obligation under the Friendship treaty to respect
Ukraine’s territorial integrity, as well as the universally recognized
principle of territorial integrity of each State.
Russia’s
argument that the annexation was somehow an exercise of national self
determination is nonsense since there is no Crimean nation.
argument that the annexation was somehow an exercise of national self
determination is nonsense since there is no Crimean nation.
Russia’s comparison of the illegal annexation to
Kosovo is also wrong, since Kosovo was not annexed by any state and faced
actual grave human rights violations as well as a UN Resolution.
Kosovo is also wrong, since Kosovo was not annexed by any state and faced
actual grave human rights violations as well as a UN Resolution.
The
so called “republic of Crimea” existed for only one day was
recognized by only one state was was immediately annexed by that state, unlike
Kosovo.
so called “republic of Crimea” existed for only one day was
recognized by only one state was was immediately annexed by that state, unlike
Kosovo.
What
can Ukraine do about the illegal annexation?
can Ukraine do about the illegal annexation?
Ukraine
is taking its case to the European Court of Human Rights and the International
Court of Justice. Ukraine has signed an association agreement with the EU and
OSCE Observers are in Eastern Ukraine. Ukraine and NATO have a joint military
exercise planned for this Summer and Ukraine can, and in my opinion should,
consider joining NATO. Ukraine can also seek a resolution at the General
Assembly condemning Russia’s illegal annexation.
is taking its case to the European Court of Human Rights and the International
Court of Justice. Ukraine has signed an association agreement with the EU and
OSCE Observers are in Eastern Ukraine. Ukraine and NATO have a joint military
exercise planned for this Summer and Ukraine can, and in my opinion should,
consider joining NATO. Ukraine can also seek a resolution at the General
Assembly condemning Russia’s illegal annexation.
What
can the U.S. do about the illegal annexation?
can the U.S. do about the illegal annexation?
In
one word: sanctions.
one word: sanctions.
Russia
will be expelled from the G8
will be expelled from the G8
Bank
Freezing, e.g. Bank of Rossiya
Freezing, e.g. Bank of Rossiya
Asset
Forfeiture
Forfeiture
Visa
Restrictions
Restrictions
Derecognition
-Syria
-Moscow
U.S.
may withdraw from START
may withdraw from START
and
can cut trade ties.
can cut trade ties.
There
are also illegal sanctions.
are also illegal sanctions.
The
U.S. can build a coalition with China to oppose annexation because of Tibet and
Taiwan
U.S. can build a coalition with China to oppose annexation because of Tibet and
Taiwan
China
does not look favorably at Russia’s illegal destabilization of global trade and
security.
does not look favorably at Russia’s illegal destabilization of global trade and
security.
In
conclusion a series of sanctions in concert with alliance politics can prevent
Russia from further illegal annexations of Ukrainian territory.
conclusion a series of sanctions in concert with alliance politics can prevent
Russia from further illegal annexations of Ukrainian territory.
CONSTITUTIONAL
REFORM
REFORM
TO
meet these five related challenges I recommend constitutional reform to
reaffirm constitutional language rights and to grant greater powers to the Oblasts by making the Oblast responsible for social
welfare policies such as education and health care fiscal pressure on the
national government is reduced. Giving oblasts the
powers to tax and to borrow money would increase Ukrainian
financing and enable flexible refinancing of rates and durations of national
debt and may even enable Russian
investment and trade.
meet these five related challenges I recommend constitutional reform to
reaffirm constitutional language rights and to grant greater powers to the Oblasts by making the Oblast responsible for social
welfare policies such as education and health care fiscal pressure on the
national government is reduced. Giving oblasts the
powers to tax and to borrow money would increase Ukrainian
financing and enable flexible refinancing of rates and durations of national
debt and may even enable Russian
investment and trade.
Finally
I recommend to remove referenda from the constitution because referenda are
unpredictable, destabilizing, can ignore fundamental rigths and are an afterthought of Germany’s provisional basic
law.
I recommend to remove referenda from the constitution because referenda are
unpredictable, destabilizing, can ignore fundamental rigths and are an afterthought of Germany’s provisional basic
law.
STATE
FINANCE
FINANCE
Greater
regional fiscal power may also reduce corruption and inefficiency by ending
transfer payments and subsidizations national financial obligations are reduced
and market efficiency is obtained by reducing transaction costs and activating
market incentives.
regional fiscal power may also reduce corruption and inefficiency by ending
transfer payments and subsidizations national financial obligations are reduced
and market efficiency is obtained by reducing transaction costs and activating
market incentives.
Coupled
with transfer of social welfare obligations to the regions there would be much
less financial pressure on the national government. Transfer of social welfare
obligations may also reduce corruption. Introduction of school fees such as
tuitition and similar user fees for medical services would also reduce budget
constraints.
with transfer of social welfare obligations to the regions there would be much
less financial pressure on the national government. Transfer of social welfare
obligations may also reduce corruption. Introduction of school fees such as
tuitition and similar user fees for medical services would also reduce budget
constraints.
Taxing
cigarettes, alcohol, landed property as well as airport transit are available
and effective ways to increase revenue.
cigarettes, alcohol, landed property as well as airport transit are available
and effective ways to increase revenue.
THE
RULE OF LAW AND THE STRUGGLE AGAINST CORRUPTION
RULE OF LAW AND THE STRUGGLE AGAINST CORRUPTION
are
the final problems facing Ukraine which I wish to discuss today. Law must be
objective and unbiased and serve the interests of justice in a foreseeable way
to attract compliance and attain the best outcomes for Ukraine. Laws must be
definite and certain, not vague or ambiguous, so people can foresee outcomes
and structure their transactions. Transparent governance is required so that
government may make the best decisions possible and so the people accept and
comply with decisions which were fairly made. Legislation must be an ex ante
general prediction, publically made and published. Judicial ecisions are ex post
applications of specific facts in the actual case
to the relevant rules. Parties to proceedings have a right to notice of the
proceeding and to hearing of their argument. Public power is a public trust
exercised by the government on behalf of and for the benefit of the people.
the final problems facing Ukraine which I wish to discuss today. Law must be
objective and unbiased and serve the interests of justice in a foreseeable way
to attract compliance and attain the best outcomes for Ukraine. Laws must be
definite and certain, not vague or ambiguous, so people can foresee outcomes
and structure their transactions. Transparent governance is required so that
government may make the best decisions possible and so the people accept and
comply with decisions which were fairly made. Legislation must be an ex ante
general prediction, publically made and published. Judicial ecisions are ex post
applications of specific facts in the actual case
to the relevant rules. Parties to proceedings have a right to notice of the
proceeding and to hearing of their argument. Public power is a public trust
exercised by the government on behalf of and for the benefit of the people.
To
end corruption Ukraine needs clean judges. Corrupted judges should be offered
early retirement if they cooperate to end corruption, or at least amnesty.
Amnesty and deferral of prosecution should only be offered for financial crimes, not blood crimes. Reduced sentencing duration may be offered for cases
of crimes against the person where the defendant cooperates to expose even more
serious crimes and other criminals are caught and convicted. Special courts and
police authorities may be established to prosecute and judge cases of
corruption. Remedies in tort and delict such as actio popularis should be
offered to victims since prosecutors may not have resources or desire to
prosecute all claims. Criminal property should be placed in trust to benefit
the people, not the trustees.
end corruption Ukraine needs clean judges. Corrupted judges should be offered
early retirement if they cooperate to end corruption, or at least amnesty.
Amnesty and deferral of prosecution should only be offered for financial crimes, not blood crimes. Reduced sentencing duration may be offered for cases
of crimes against the person where the defendant cooperates to expose even more
serious crimes and other criminals are caught and convicted. Special courts and
police authorities may be established to prosecute and judge cases of
corruption. Remedies in tort and delict such as actio popularis should be
offered to victims since prosecutors may not have resources or desire to
prosecute all claims. Criminal property should be placed in trust to benefit
the people, not the trustees.
Conclusion