Ukraine's two procurators general: court reinstates Sviatoslav Piskun (12/04/05)

Ukraine's two procurators general: court reinstates Sviatoslav Piskun

by Yana Sedova
Kyiv Press Bureau

KYIV - In what has become a national spectacle, a Kyiv court ruled on November 18 that Sviatoslav Piskun was once again illegally fired from his post as procurator general, the nation's top prosecutor.

As a result, Ukraine now has two acting procurators general because President Viktor Yushchenko had already named Oleksander Medvedko as Mr. Piskun's replacement.

Just three days after the court decision, Mr. Piskun arrived at the Procurator General's Office to take his seat behind his old desk, but security guards prevented him from entering the building.

After a second vain attempt to enter the next day, Mr. Piskun threatened to press criminal charges against the president if he didn't adhere to the court's decision reappointing him.

In response to the chaotic situation, Justice Minister Serhii Holovatyi called a press conference on November 25 announcing that his ministry had appealed the ruling re-appointing Mr. Piskun to the Highest Administrative Court of Ukraine in order to defend the president's decree.

Responding to Mr. Piskun's threat, Mr. Holovatyi accused him of illegally pressuring the president. Mr. Piskun is part of a "political operation purposefully carried out by powerful financial and political forces aimed at disorganization of the government and creating legal chaos," Mr. Holovatyi alleged.

He suggested that the twice-appointed former top prosecutor has an unstoppable desire to pursue the position at any cost.

Mr. Holovatyi defended Mr. Yushchenko after the president fired Mr. Piskun on October 14 without citing any specific reason, which is why the court ruled the dismissal illegal.

Since the president didn't explain his decision in his decree, the court interpreted the dismissal as an attempt to influence the Procurator General's Office that could lead to its eventual manipulation.

The Shevchenkivskyi District Court that issued the ruling is not competent to review the president's decrees concerning the procurator general's dismissal, Mr. Holovatyi told reporters. The Constitutional Court prohibits common law courts from examining presidential decrees, he added.

Instead, it's the representative of the Constitutional Court in the Verkhovna Rada who should settle such disputes, he said.

"This is a shining example of when three judges of [a first-level] court disregard the Constitution," Mr. Holovatyi said. "This court, or several judges, are able to block the activity of any governmental institution in making decisions like that. The whole governmental system and the mechanism of the government have come under its impact."

Mr. Piskun has come full circle after nearly a year.

Late in December 2004, another Kyiv court ruled that former President Leonid Kuchma had illegally fired him and re-appointed him procurator general.

When fired by Mr. Yushchenko in October, Mr. Piskun acted as though he wasn't interested in the position, even making the snide comment that his dismissal "has added 10 years to my life."

Since the ruling however, he has been serious in reclaiming his post, threatening to fire his "colleague Oleksander Medvedko."

He said his orders and commands have the same legal weight as Procurator General Medvedko's.

Not so, according to Mr. Holovatyi, who warned Mr. Piskun that there is criminal responsibility for misappropriation of governmental authority and an official position.

"When he says he will give orders and open criminal cases, isn't that a misappropriation?" he asked rhetorically, adding that Internal Affairs Minister Yurii Lutsenko should file a lawsuit against Mr. Piskun for his usurpations of power.

The conflict has increasingly taken on a farcical tone with Mr. Holovatyi and Mr. Piskun exchanging sarcastic remarks in their respective press conferences.

In addition to its ruling, the Shevchenkivskyi court "should have provided Piskun with a room for him to sit there and make procurator general's statements," Mr. Holovatyi said.

Meanwhile, Ukrainians jokingly refer to Mr. Piskun as the "nevtopliuvanyi," or "the unsinkable one."

One of the newest jokes paints the future of Ukraine: "It's the year 2017. Mr. Piskun has reinstalled himself as Procurator General ... for the 87th time."

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