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Ukraine: Challenges of the Continuing Transition

Conference Report
August 1999

Strategic Analysis Program

The views expressed are those of individuals and do not represent official US intelligence or policy positions. The NIC routinely sponsors such unclassified conferences with outside experts to gain knowledge and insight to sharpen the level of debate on critical issues.

Contents

Appendixes


Conference Highlights

On 30 June 1999 the National Intelligence Council and the State Department Bureau of Intelligence and Research sponsored a conference that examined the continuing challenges to Ukraine in its political and economic transition from being a component of a centrally planned, totalitarian state. The conference consisted of 14 presentations from experts outside the government, interspersed with general discussion between the experts and government participants. The agenda focused on four topics: the evolution of Ukraine's political system, the status of its economy and reforms, Ukraine's role in the international system, and Ukrainian societal dynamics.

Conference participants did not endeavor to produce a coordinated summary of findings. However, during the presentations and discussions, there emerged a number of points of both agreement and disagreement that seem particularly salient in evaluating Ukraine's current condition. These highlights summarize the areas of agreement and disagreement as well as particularly noteworthy points but, except as noted, should not be considered as representing the views of the conference as a whole.

Most observers held generally gloomy views on Ukraine, with the big question for its future being whether the situation was likely to get worse after the elections or remain stagnant for the next few years.

A relatively bright spot was Ukraine's consolidation of itself as a state. One scholar suggested this included six principles: acceptance of Russian as an unofficial language but simultaneous gradual Ukrainization; a unitary rather than federal state; support for territorial integrity and for the creation of a national legend about Ukraine's historical antecedents; and the slow expulsion of Moscow-based media as the main source of electronic information. Participants noted that separatism is no longer a serious challenge for Ukraine, except perhaps in the far eastern region of Donets'k, and some argued that even the previously most serious case, Crimea, has diminished in salience.

The main source of gloom were the characteristics of the state that is being consolidated:

  • The economy is an unreformed "basket case" with little progress toward the creation of the institutions needed for an efficient market economy. Bureaucrats are stifling entrepreneurial activity through overregulation; consequently, business is protecting itself through corruption or going underground.
  • The self-protective and insulated elite is the linear descendant of the old nomenklatura and cares only about its own power and enrichment.
  • Society is ignored except at election time, when candidates vie with promises of generosity rather than talk about creating conditions under which society could prosper independently.
  • Independent sources of information and action are still in a developmental phase. The press is pluralistic but not wholly free. Nongovernmental organizations--necessary but not sufficient building blocks for developing a civil society--have become more plentiful but not necessarily more influential.

There were differences of view about the prospects of this state transforming itself for the better:

  • One scholar argued that the existing patrimonial system, as he described it, was likely to become more effective in running the state and in the process, begin to serve society and create rules that would bring an economic upturn.
  • Other participants rather expected the self-preservation of the current corrupt system at least until a new generation came to power. However, one scholar warned that the new generation was adopting the ways of the old in order to rise to the top.
  • One ray of hope was the openness of the debate in Ukraine about its present and future, of which this conference, which included Ukrainian participants and Western scholars, was but one example.

The most marked disagreements came over the likely consequences of this fall's presidential election:

  • Some participants worried that the election of any presidential candidate other than Kuchma would set Ukraine on even less attractive and perhaps more dangerous paths, for instance, seeking to recreate a union with Russia and Belarus, which would also encourage like-minded Moscow politicians in the runup to Russia's own December Duma election as well. One speaker characterized the coming elections not as a struggle between present and future but as a struggle between present and past.
  • Most participants in this discussion, however, argued that the corporatist rules of the current elite and other constraints (for instance, Ukraine's financial dependence on the West) would prevent any president from making significant changes.
  • All participants agreed that the attractions of power in Ukraine are such that the upcoming elections may not be waged in a fully fair fashion.

On foreign policy matters, most discussants viewed Ukraine as still oriented toward the West despite unhappiness over NATO's war in Yugoslavia and the European Union's longstanding aloofness toward Kiev. Some saw the Kosovo crisis as strengthening Ukraine's stance of neutrality.

Looking at what the West can do to help Ukraine, some argued that, while financial aid is important, educational assistance aimed at creating a political consciousness among the Ukrainian population is even more so. They urged patience and avoidance of overly high ambitions for the pace at which changes can be expected.

  • Participants worried, however, about how long the West would maintain even the current level of assistance to and interest in Ukraine, given that the most likely domestic prospect was for more of the unsavory present.

Section One
The Political System

Andrew Wilson, School of Slavonic and East European Studies, London
"National Identity in Ukraine"

Competing Models of Ukrainian National Identity
Several models of Ukrainian national identity exist alongside
one another today.

  • The national-ethnocultural model, backed by Rukh since its foundation in 1989, includes a broad cluster of components:

--The privileged rights of "indigenous" peoples over those of "national minorities."

--A repudiation of the east Slavic common origin myth.

--A view that Ukraine had a "thousand-year tradition of state-building," with short interruptions.

--A negative attitude toward the Soviet era; a vision of Ukraine as a post-colonial society, with "Ukrainization" the reversal of historical injustice.

--Occidentalism, or the belief that Ukraine is historically a natural part of Western civilization; the Ukrainians as the natural titular majority (73 percent).

--With a belief in the natural coincidence of ethnicity and language; Russophone Ukrainians as an inherent part of that majority, once they have been renationalized; and Russians (22 percent of the population), to be given the rights of a "national minority," but nothing more, as they have a homeland elsewhere.

Most elements of this model were supported at one time or the other by the (often opaque or contradictory) policies of the Kravchuk presidency, but also found their way into the 1996 constitution.

  • Another model is the language group model. A main dividing marker in the 1994 presidential elections was language, the factor most politicized by the ethnocultural model of Ukrainian identity. According to this model, Kravchuk lost because language divides Ukrainians among themselves, and so many Ukrainians were preferentially Russophone (just over 40 percent of the general population were then preferentially Ukrainophone). Reliable polls indicate that 70 percent of Ukrainophones supported Kravchuk, and 72 percent of Russophones backed Kuchma.
  • A third model is that of the "Other Ukraine," the dual identity model. Russophone Ukrainians sealed Kravchuk's fate in 1994 by voting with ethnic Russians for Kuchma. Clearly, there is an "Other Ukraine," a very large group of Ukrainians who do not believe in some or all of the conceptual foundations of the ethnocultural model of Ukrainian identity. This dual identity model is defined partly by language, partly by the idea of dual ethnicity. It is also centered around a different set of assumptions, including the persistence of myths of common east Slavic origin and subsequent voluntary interaction; the myth of the voluntary adoption of Russian as a lingua franca; and the idea of bluffed boundaries (as one activist put it, "In terms of national-cultural identification we belong to a single Russian-Ukrainian cultural space" and should not be forced to choose between a mono- and a poly-cultural identity); residual support for the key Soviet myths of "socialist achievement" and the "friendship of the peoples"; and uneasiness with the depiction of the USSR as a Russian/Soviet empire in which the Russian people colonized or conquered Ukraine.

The presence, even predominance, of the Russian language is not just a "post-colonial" hangover, and there is resistance to crude Ukrainization pressures.

What then are the alternatives to the "ethnocultural" model
for the "Other Ukraine?"

  • One is a Eurasian identity. Kuchma's controversial 1994 inauguration speech stated that "Ukraine is historically part of the (same) Eurasian economic and cultural space" as Russia and Belarus. The strong negative reaction to his speech from Ukrainophones forced Kuchma to place the issue on the backburner, but it has been reformulated in recent years in terms that reflect the popular Pan (east)-Slavism of Aleksandr Solzhenitsyn. The theme has also been taken up strongly by the chairman of parliament, Oleksandr Tkachenko. (There were, in other words, already premonitions of the line Ukraine would take in the Kosovo crisis.) The dangers inherent in this model are its obvious foreign policy implications and its head-on confrontation with Ukrainian nationalist "Occidentalism."
  • Since his 1994 inauguration speech Kuchma has, therefore, taken a more subtle line, which can be called a synthetic model. In several speeches he has called for a combination of the "best of both" the ethnocultural and Soviet Ukrainian traditions, on a selective basis venerating myths from pre-Soviet Ukraine and Russia and the Soviet Union all at the same time. Kuchma says different things to different audiences--to Russia, to the West, and at home. In many ways, this is perfectly sensible, but the West needs to be aware that the dialogue it has with Ukraine is context-specific.
  • Politically, Kuchma is often described as adopting a "civic" approach, based on the idea of "a Ukrainian political nation." There are, however, many different formulations of this idea, including the "core nation model" embodied in the 1996 constitution; a more "dualistic model," as endorsed by Communist Party leader Petr Symonenko: Russians and Ukrainians as two branches of the one people of Ukraine; a "consociational model": the formation of a Ukrainian political nation on the basis of the national "blooming" of the Ukrainian people, as well as of all remaining ethnic groups; a "transcendent model," in which ethnicity no longer defines identity; and a model combining the Rukh and transcendent models, which refers to the constitution as being enacted in the name of "the Ukrainian people--citizens of Ukraine of all nationalities."

Conclusions
The existence of the "Other Ukraine" is what makes polarization of Ukrainian society difficult, as does its amorphousness. The historical divides between "original Soviet" (1921) and western Ukraine, between ethnic and linguistic groups, between the confessions, between regions, and along supposed "civilizational" faultlines are all different. It ought perhaps to be borne in mind that, whereas many Ukrainian critics deride the idea of the "Other Ukraine" as having no cultural solidity, it is precisely this lack of solidity that preserves the social peace. If Ukrainian and/or Russian national identities solidify over the medium term, then counter-reactions and mobilizations would in fact be more likely.

External stimuli are more likely to prompt a consolidation of Ukrainian identity. The most obvious of these is the simple fact of Ukrainian statehood. The most powerful would be potential conflict with, or perceived divergence from, Russia. The former scenario is unhealthy; the latter has possibilities. Many Ukrainians began to perceive a difference in political culture with the onset of the Chechen war. Different alignments with third parties are also likely to produce long-term effects, potentially reshaping some of the mythological boundaries outlined above. Unfortunately, one of these has been the Kosovo war, which has strengthened the appeal of Pan-Slavic mythology.

Different Models of Ukrainian Society


Victor Pasisnichenko, Kharkiv Pedagogical University
"Civil Society and Post-Communist Realities:
Some Lessons of a 'Rosy' Period"

Our approaching the subject of civil society at the end of the 1990s means some radical changes in the way in which it was approached at the end of the 1980s when civil society had captured the imagination of democratic scholars, politicians, observers, and activists more than other concepts. These disputes about its appropriate role in the postcommunist countries were encouraged by contradictory far-reaching social changes that often were referred to in terms of "civil society revival." In addition, civil society has become a leitmotif of the Western aid programs that distribute considerable resources to the region.

Main Features of the Current Stage of Civil Society
The gap in the theoretical development of civil society as well as a particular historical situation--the unexpected failure of communism--led to two significant consequences. On the one hand, the notion of civil society was mainly used as a slogan that had little to do with the previous grand theoretical debates. It was both an attractive explanation of the fall of communism in terms of the civil society revival and a basis for hope concerning its future role in democracy building. The revolutionary enthusiasm about civil society (as a slogan) was also attractive for the West, which was looking for the best way to encourage the transformation process and to support the relevant eastern
actors (NGOs) in the late 1980s. This way of thinking about civil society was distinct from the previous complex history of evolution of the civil society concept. It is mainly the liberal version of civil society distinct from the state that has been found theoretically fruitful and has been wrongly presented as the only valid one both by the theorists of the "democratic opposition" in the East and by radical left intellectuals in the West. In a much less excusable and equally misguided way, Western scholars produced a more narrow and simplified model of civil society. This "nongovernmental civil society" is reduced to the public sphere, independent social movements, and voluntary associations or NGOs as genuine democratic actors unspoiled by the attraction of power, money, and conflicts. This model is based mainly on an institutional approach to civil society, locating its institutions somewhere between the individual and the state. Due to the sharp distinctions (civil society/state, civil society/political society, civil society/market, public sphere/individual), these institutions are considered as opposed to the institutions of state, market, and political spheres.

As a result, the definition of civil society has developed a negative nature both in its slogan and theoretical forms: it is more about what it is not than what it is. Except for the distinction between civil society and the state, there does not seem to be a good deal of agreement on what constitutes civil society.

General Lessons From the Current Stage of Civil Society
It is above all postcommunist (and post-Soviet) realities that revealed the weakness and limitations of this model of civil society, both in terms of the attractive slogan and the narrow vision of the nongovernmental sphere. In its negative force, this civil society has not survived its own victory because it failed when its main enemy failed--the totalitarian state--and it was unable to establish constructive "border relationships" with other spheres of society. The implications of these crises are important also for the Western liberal democracies, where a similar narrow understanding of civil society in terms of "a separate sphere composed of voluntary groups that act as a buffer against government" is still popular.

A crucial lesson of the bankruptcy of the narrow and negative notion of civil society distinguishable from the state encourages a search for a broad vision of civil society. This approach seeks systemic links among the different spheres of civil society in its broadest sense, links that strengthen the "boundary relations" between state, political society, market, and nongovernmental organizations (independent or third sector). It adds to the institutional dimension of civil society such factors as the role of actors and their relationships in terms of the construction of cultural-identities and codes as a precondition for the existence of genuine civil (civilized) society. It is through this broad concept that one can approach the sphere of civil society in a narrow and more traditional sense as a realm of nongovernmental organizations (NGOs) and voluntary associations.

Some Lessons for the Post-Soviet Countries

  • Being aware now that NGOs (the third sector) have to be considered in the intersection with other spheres of society and that all of these spheres are grounded in a minimal environment of cultural democratic values, we have to hesitate in applying the term civil society to the post-Soviet societies. After all, such societies are lacking the relevant state, politics, and market, as well as their proper relationships with the newly emerging third sector. It means that civil society in the post-Soviet countries could develop from scratch rather than through revival or restoration of the previous civic-like organizations. We should be prepared for it to be a long and complicated process in which the appearance of the third sector could play a considerable role but should not be wrongly equated with the development of real civil society.
  • The concept of an "antipolitical" character of civil society means that, in the absence of an appropriately formulated politics and political culture, civil society simply will not exist. The excessive involvement of some Ukrainian NGOs in politics could be explained by the fact that political parties are still in formation and there is ongoing fighting for power in the country as well.
  • A new lesson--that a weak state, such as that which exists in Ukraine, is a barrier to civil society--must be added to the traditional lesson of liberal democracy about the strong and totalitarian state as an obstacle to civil society.
  • Another addition to the same old liberal lesson is that civil organizations could not only be misused but also behave in an uncivil way. Their development does not automatically lead to democratic alternatives.

The Third Sector in Ukraine
Although it is pessimistic in terms of civil society building, this proposed approach to analysis of Ukrainian society still confirms as a new positive factor the emergence and growth of numerous public organizations (NGOs). At the same time, these organizations signify the beginning of development of civil society in Ukraine. However, the contradictory processes in this sphere give no grounds to speak about them as a force that has visible social impact, represents the interests of the broad public, or is free of internal conflicts.

  • On the one hand, there is a considerable growth in the number of NGOs (1991: 319; 1992: 356; 1993: 3257; 1996: 12,416, early 1998: 17,781. City NGOs: 39 percent, regional: 33 percent, national and international: 8 percent). They are experiencing slower growth in industrial cities, such as Zaporizhzhya.
  • On the other hand, due to various reasons, primarily the economic crisis, the level of participation in these organizations is rapidly falling (1991: 30 percent; in 1996: 13 percent).

The growth of Ukrainian NGOs in itself is not a proof of civil society strengthening. An urgent problem of the sector--to map the size and quality of the NGOs--is too difficult to solve.

As they gain rich experience, these advanced organizations move to more professional work. They could play a crucial role in the development of the third sector as an important part of future Ukrainian civil society. However, this is only possible if the dangerous tendency of self-isolation and internal prospering among these NGOs could be overcome. The strong dependence of Ukrainian NGOs on foreign resources is visible by the fact that the majority of the organizations exist in big cities, while in rural areas they are weak or absent.

With a lack of internal resources, there is a fight for limited foreign funds, which creates an atmosphere of competition between NGOs. It prevents their communication and their vision of themselves within a broader picture of the third sector. Meanwhile, the regions that have more access to external resources manifest "patron-client" and "clan" types of relationships. Some organizations are used for personal gain due to a strong leadership and lack of democratic traditions. There are also many examples of using NGOs to evade taxes or to run a business. Finally, the status of the public organizations is used by some politicians as a way to pursue various goals of mainly political character, in particular proposing a candidate for election or gathering votes for the candidates.

These uses and abuses of NGOs in Ukraine confirm the thesis that civil society is a complicated process and phenomena and that the consequences of its development are not a matter of some independent sphere of society. They greatly depend upon civilized individuals as active citizens in their everyday practice. It is unclear whether a broad vision of civil society is acceptable for many intellectuals and practitioners today. Yet what is really challenged is a sharp distinction between civil society, the state, and other spheres of society. There is a need to relativize the vision of civil society as an independent sphere at least to an understanding of its relative autonomy.


Victor Zablotsky
, Independent Journalist, Kiev, and Kennan Institute
"Center-Regional Relations on the Eve of the Presidential Elections: 'Dances With Wolves'"

According to research done by Ukrainian experts, a lasting discussion of the interpretation and role of political institutions in Ukraine has proven the total ineffectiveness of legal or institutional approaches. It is not a surprise that on the eve of future presidential elections, Ukrainian elites still face the issue of jurisdictional division of decisionmaking authority between central and regional governments.

In contrast to the first years of independence, the constitutional debate now between the center and the regions over the appropriate division of authority is being complicated neither by strained relations with Russia nor by growth of official nationalism. Currently in Ukraine, there are growing trends of the strengthening of regional elites (clans) and the weakening of central power due to ineffective economic policy of Kuchma's administration, as well as by the preferences of both sides to solve problems by informal means. As in Albania, Russia, and Yugoslavia, in Ukraine center-regional relations are built mainly on personal affiliations, bribes, and murder. As a result, money and personal links have been more important in Ukrainian politics than ideology. For example, during the presidential elections in 1994, current president Leonid Kuchma was associated with liberal economic reforms as well as favoring close ties to Russia. But, while the Communist Party of Luhans'k supported Kuchma, the probusiness Liberal Party of Ukraine in Donets'k supported Kravchuk because LPU considered Kuchma as a representative of the Dnipropetrovs'k clan.

Since the first days of independence, Ukrainian elites have lived for short-term interests. While the concerns of the center deal mainly with retaining political dominance over the regions, regional elites concentrate primarily on instrumental interests such as increasing personal wealth and fiscal autonomy. In Ukraine, potential power resources of regions are mainly economic: commodity exports (minerals and metals) and tax revenue.

However, in center-regional relations, local leaders do not play such an important role as they did a few years ago. The earlier Ukrainian shadow political system was analyzed through the prism of clans. Trying to avoid the potential growth of regional separatism, during the Kravchuk presidency the center quite often pacified regional elites by budget injections, which then were successfully stolen by periphery bosses. It seems that the time when the center was weak and regional leaders seized unlimited control over local economic power resources has passed. Now the situation is different.

First of all, in the current period the transition from a regional clan system to a system of transregional political oligarchy is worth mentioning. Current political events--such as the establishment of the President's Domestic Policy Coordinating Council; the fission and multiplying of political parties; the scandal concerning privatization of regional energy companies, "oblenergos;" the consolidation of Kiev's business groups against Mr. Surkis and SDPU(u); the creation in parliament of two business factions--"Labor Ukraine" and "Revival of Regions")--have proven that the political oligarchs and holding companies have become real and most effective political institutions in Ukraine's modern, but still shadowed, political life.

These hitherto unknown actors first gained publicity last year during the parliamentary elections. Having fought for places in parliament, the main aims of business elites were to legitimize their status, to defend themselves from criminal investigations, to avoid political pressure, and to use the parliament as a stock-exchange for personal business projects. On the eve of the October 1999 presidential elections these goals remain basically unchanged.

Because of the paramount influence of the presidential post in Ukraine, business and regional elites now try to secure their status by simultaneously supporting Leonid Kuchma and searching for a more favorite candidate. Inasmuch as the Ukrainian constitution has created an institutional structure with a strong authoritarian presidency, democratic means of interest representation--such as political parties and the Verkhovna Rada--have provided limited results for regional leaders and political oligarchs. Through parliament and parties, new Ukrainian business groups received a voice within the political system. But they also found that the establishment of informal ties between the representative branch and presidential administration and government is much better for gaining economic capital.

Regional elites still prefer to bargain with the center informally. Despite the fact that Kuchma tends to often shuffle the heads of oblast state administrators, personal loyalty has been a main feature of his subordinates, and the regional leaders have conformed to the president's manner. For the acquisition of legitimacy and independence from Kuchma's mood, heads of oblast state administration do not appeal to the public because their lot is not influenced by voters but by the president administration and a unitarian system of governance. Also, regional bosses are scared to struggle for the gubernatorial system because as representatives of the party of stagnation they will hardly have chances in an open electoral marathon.

The key political oligarchs and many heads of regional state administrations back the current president, hoping that in the nearest future he will be a guarantor of their business and public careers. By supporting Leonid Kuchma in his struggle for a second and final term in office, some oligarchs believe they will get time and resources in order to nominate their own candidate in 2004. On the other hand, some business and regional elites are searching for an agreement with Kuchma's competitor Oleksandr Tkachenko--the speaker of the Verkhovna Rada and, possibly, the only candidate from the leftists.

However, current trends in center-regional relations differ radically from the previous presidential campaign in 1994. Despite the reddening of the Ukrainian electorate, it seems premature to make apocalyptic warnings about Ukraine's regional separatism. The forthcoming presidential elections will be a struggle not between the past and the future but between the present and the past. During the electoral campaign, no candidate will concentrate his agenda on the issue of the Russian threat. The main battles will be held along ideological lines, which now do not coincide with regional borders. It seems that the elections will consolidate the Ukrainian elites around parties and political institutions and will weaken regional clans and transregional holdings of political oligarchs.


Roman Solchanyk
, RAND Corporation
"Ukraine's Crimean Problems"

Regionalism--and the related issues of national identity, state building, and Ukrainian-Russian relations--is a major factor impinging on politics and society in Ukraine and is likely to remain so in the foreseeable future. In this context, Crimea arguably poses the most serious challenge for the Ukrainian leadership.

The conventional wisdom is that Crimean separatism, which was in the forefront of local politics in 1991-95, has its roots in the ethnic composition of the peninsula. Crimea is the only political-administrative subdivision of Ukraine with an ethnic Russian majority (67 percent, according to the 1989 Soviet census; 57.3 percent, according to a recent estimate). Most Crimeans are drawn to Russia, so the argument goes, because most Crimeans are Russians and even more are Russian speakers. Clearly, the fact that ethnic Russians are a majority in Crimea impacts on the political situation. Nonetheless, it would be misleading to focus on Crimea as a Ukrainian-Russian ethnic problem. Indeed, insofar as ethnicity is concerned, the major problem in the near and medium term in Crimea is the growing dissatisfaction of the Crimean Tatars both with regard to the local administration and the political center in Kiev.

What makes Crimea different from all other regions in Ukraine is that it has an international dimension--that is, Crimea is not only a Kiev-Simferopol' problem, but also a Kiev-Moscow problem. For the most part, political elites in Moscow and the Russian public as a whole feel that the peninsula is historically Russian territory, that it has little or nothing to do with Ukraine, that it should not have been transferred to Ukraine, and that it should revert to Russia. The problem is made more complex by the more specific and convoluted issue of the status of Sevastopol' and the related question of the future of the Black Sea Fleet. Moreover, the prevailing view in Moscow regarding Crimea's status, Sevastopol', and the Black Sea Fleet is shared by most Crimean political elites and the local population. Crimea, therefore, is simultaneously an international and a domestic problem and, in some instances, the external and internal aspects either fully overlap or, at a minimum, share a common frame of reference.

Since 1995, the internal dimension has lost much of its acuteness. It is perhaps ironic that the current Crimean leader, Leonid Hrach, considers himself a potential candidate for the Ukrainian presidency. In Moscow, on the other hand, the Crimean issue continues to remain on the agenda, as witnessed by the debate over ratification of the Ukrainian-Russian bilateral treaty and the statements of Moscow mayor Yuriy Luzhkov, the frontrunner to succeed Yel'tsin.


Vyacheslav Pikhovshek
, Ukrainian Center for Independent
Political Research, Kiev

"Political Dynamics in Ukraine"

The current phase of democracy development in Ukraine can be characterized by the existence of a party system that is only in the formative stages of development. The dynamics of growth of political forces can be illustrated by the fact that by the end of 1995, there were 41 political parties registered by the Ministry of Justice of Ukraine, while in October 1996, on the eve of the parliamentary elections and after the new election laws had been passed promulgating the election of half the parliament on the basis of party lists, the number grew to 51. Out of 30 parties and election blocs participating in the elections only nine made it to the parliament.

Ukrainian parliamentary political parties can be classified into three types:

  • The first type are classic political parties with a stable electorate and more or less stable regional organizations, that is, the Communist Party and Rukh.
  • The second type are descendants of the three "clans" within the former Communist Party of Ukraine, that is, the Communist Party of the USSR era. As we know, there were three competing "clans," as they were called, within the "old" Communist Party of the USSR: the traditionally strong Dnipropetrovs'k clan, the Donets'k clan, and the Kharkiv clan. Of course, these party groups, or clans, did not disappear with the collapse of the Soviet Union; instead, they were transformed into regional influence groups and subsequently, with the adoption of the election laws, into parties. An objective observer can quite easily deduce that the former Donets'k Communist Party officials, or nomenklatura, reorganized themselves under the Liberal Party of Ukraine (LPU); the Dnipropetrovs'k nomenklatura--under Hromada; while the presence of the former Kharkiv nomenklatura is perceptible in the People's Democratic Party of Ukraine. It is important to note that the new election laws forced all the ex-clan parties to establish organizations reaching beyond the territory of a certain region. Therefore, they were becoming national parties.
  • The third type is represented by the so-called business parties formed as a result of the confluence of the interests of businesses and the ambitions of certain politicians. Among these parties are first and foremost the Social Democratic Party of Ukraine (Unified) and the Republican Christian Party. Both businessmen and politicians coexisted side-by-side in the election lists of both parties.

There are a certain number of political parties outside the parliament whose activities are quite vigorously covered in national mass media. The per se division of the parties into traditional, ex-clan, and business parties is after all also quite tentative. For instance, Hromada combines the characteristics of an ex-clan party and a business party.

The future of party organizations in Ukraine is fairly uncertain. On the one hand, it will be a direct consequence of whether these organizations set out to work vigorously to establish regional divisions and to assure their normal operations, or use their existing capabilities only to lobby their interests in the parliament. At the same time, one cannot preclude the possibility of certain business parties or ex-clans transforming into "normal" political parties in the future, along the lines of those accepted in the democratic countries; however, it is feasible only if their current parliamentary efforts do not become a mere vehicle for the pursuit of their own interests and instead promote the development of regional party organizations. The development of political parties is also a direct effect of whether the election laws are going to change or not, and if they are, in which way. If the election laws are modified to establish a party-based elections process, then they will promote the emergence of strong political parties, a gradual reduction in the number of various parties, and the growth of party representation.

The presidential elections later this year will undoubtedly contribute to the process of internal expansion of political parties in Ukraine. We are already witnessing the expansion of the rightwing political parties, such as one of the Rukhs, that of Yuri Kostenko; the "Open Policy" Group of A. Matviyenko; V. Shovkoshitniy's wing of the Democratic Party of Ukraine; and V. Musiyaki's "Forward, Ukraine!" Other examples are the Rukh led by G. Udovenko; V. Pynzenyk's "Reforms and Order" Party; and the Republican Christian Party. At the same time, the presidential elections will not have a significant effect on the consolidation processes of the 12 parties that will support Kuchma during the forthcoming elections; these parties have achieved a temporary tactical union out of different, often opposing political motives.

With regard to informal influence groups, some Ukrainian political parties could very well be viewed as such. The term used to describe these parties in Ukraine-- "oligarchies"--is probably a misnomer. In reality, there is no oligarchy problem. This term rather signifies an obvious or, in most cases, not-so-obvious dependence of businessmen on the executive authorities, on the state of the "right field," and on the rules of the business game. The conventional classification of the influence groups into those led by Victor Pinchuk (Intertype Concern), Grigoriy Surkis (Slavutich Industrial and Financial Concern), Igor Bakai (Ukraine Neftegaz Concern), and Oleksandr Volkov (Gravis Television Company) and the categorization as oligarchies of Anatoly Golubchenko's Ukraine Metals Company, Andrei Derkach's Era Television Company, Yuliya Tymoshenko's Integrated Power Systems, and Oleksandr Tkachenko's Earth and People Corporation demonstrate that included in the oligarchy category quite arbitrarily are those who have managed to create fairly successful businesses in Ukraine with the use of certain political powers.

The issue of informal influence groups is usually linked to the ability to influence the decree-making of President L. Kuchma, who was granted the authority under the 1996 Constitution to issue decrees on economic matters that have not been addressed by Ukrainian law. The authority of the President to issue decrees expired on 28 June 1999, or three years after the Constitution had been adopted. The critics of presidential decree-making maintain that a significant portion of these decrees, namely one half, was enacted under the influence of the informal influence groups. Therefore, if we were to assume that this opinion is correct, then about one half of these decrees were after all positive. The decree "On the Distribution of Goods" is an example of a positive decree.

Informal influence groups are also frequently thought to have influence on the enactment of instructions by the Cabinet of Ministers, that is, the government of Ukraine. The granting of certain exclusive rights to Yuliya Tymoshenko's Integrated Power Systems Corporation with regard to gas trading under Premier Pavel Lazarenko has become a classic example of such instructions.

It is quite difficult to determine with certainty whether the decree-making authority of President L. Kuchma and the practice of instructions enactment by the Cabinet of Ministers of Ukraine have been something positive or something negative. The mechanism of presidential decree-making has never been transparent, and this is precisely to what the activities of informal influence groups have been attributed. Some of the President's initiatives, such as his idea about the potential privatization of Ukrtelecom, have been rejected by the parliament as apparent election campaign moves. As far as the President is concerned, this kind of influence should never be overstated. Businessmen, some of whom must undoubtedly have benefited from certain presidential decrees, are another category of informal influence groups. However, because of the law enforcement authority of the executive branch, each of these informal influence groups was quite adequately aware of its limitations in terms of its own ability to influence a particular decision.

The critics of President L. Kuchma assert that Kuchma's decrees meddled with the already existing legislative framework. Although this statement is indeed true, the laws enacted by the parliament embody a compromise between its market-opposed segments and are clearly not in the interests of market reforms. One way or the other, all economy-related bills from now on where no party has a majority will go through the parliament. The practice of instruction issuance on the part of the Ukrainian Government continues and most likely will continue to be followed in the future.

Thus, the influence of informal influence groups must now shift from the administration of the President to the parliament--a move that is certain to make the decisionmaking mechanism more transparent. A 100-percent concentration in the parliament of economy-related legislation development will not necessarily translate into a qualitative breakthrough with the economic reforms. President L. Kuchma has indeed violated the laws repeatedly, especially with regard to the privatization decision. The common register of state enterprises that are not subject to privatization is a law enacted by the parliament. Approximately 2,500 entities most attractive to foreigners have been included in this register. Therefore, if this law in not revised, market reforms will be unattainable.

One can conclude that the presidential elections in Ukraine will not give final answers as to which path the Ukrainian nation will take in its development and whether the market reforms will continue. If President L. Kuchma is reelected, it is quite conceivable to expect the dissolution of the parliament and arbitrary reforms with unpredictable results. The election of Oleksandr Moroz as President can potentially lead to the establishment of a leftist parliamentary majority, to the blocking of reforms, but hardly to any fundamental changes in the foreign policy. If Oleksandr Tkachenko becomes President, foreign policy might take a sharp turn, with Kiev becoming the center of integrationist efforts to restore the Soviet Union. The fate of market reforms in this case will be quite unique: capitalism for himself and those around him and socialism for the rest of the society. Other options, such as those involving Nataliya Vitrenko and Yevgeniy Marchuk, are not currently contemplated in Ukraine due to their low probability.

The policy pursued by the United States toward Ukraine must remain stable, similar to the one being implemented today. At the same time, the West must exert a certain influence on Ukraine immediately following the elections so that the economic reforms in Ukraine do not cease but continue.

General Discussion
Several participants questioned Wilson's diffidence regarding nationbuilding. One scholar suggested that this was being done around six principles: acceptance of Russian as an unofficial language but simultaneous gradual Ukrainization; a unitary rather than federal state; support for territorial integrity and the creation of a national legend about Ukraine's historical antecedents; and the slow expulsion of Moscow-based media as the main source of electronic information. The rejoinder to this more positive appraisal was that these principles were not tied to a national democratic model. Rather, Kuchma has been pursuing more of a "synthetic" model, combining elements of both Russian-oriented and national consolidation schemas and saying different things to different audiences. One participant claimed that the government had not been more forceful about Ukrainization because it would cost money that the state did not have.

Several discussants touched on the impact of Kosovo. One argued that it had resulted in aligning Ukrainian foreign policy with Russia, but another countered that there had always been differences between the more pro-Russian population at large and the Western-oriented executive. Returning to the nationbuilding theme, one participant warned that Tatars in Crimea, who had always wanted greater autonomy for themselves (as opposed to the Russian autonomy movement), were thinking that Western support for the Kosovars might be a precedent for their own cause.


Section Two
The Economy

Alexander Pivovarsky, Harvard Institute for International Development
"The Challenges of Ukraine's Economic Reforms"

Since independence in 1991, the Government of Ukraine has attempted to implement a standard reform package--stabilization, privatization, and liberalization. Most of the changes undertaken in the process have not been a real success so far, in particular, the reforms that were meant to affect the microeconomic foundations of the Ukrainian economy.

In recent years, economists and policy analysts have been using the word "virtuality" to describe the economic processes taking place in Ukraine, Russia, and a number of other countries of the former Soviet Union. Indeed, this concept is appropriate for the analysis of the majority of economic processes in Ukraine. This virtual economy is pervasive and affects all levels of economic activity. In this economy, most processes have several meanings. Terms of exchange of goods do not reflect their market values since almost a half of all transactions take place in barter. Book profits have little to do with firms' revenues since most debts remain unpaid for many months. Budget deficit does not reflect a balance between planned revenues and expenditures since some of the government commitments remain unfulfilled. The virtual economy's lack of transparency is the main reason why some interest groups are interested in its sustainability.

On the macroeconomic level, the government achieved stabilization of the hryvnia and a moderate level of inflation. In 1999, inflation was held at 20 percent despite the major pressures that emerged after the hryvnia's devaluation. Until the fall of 1998, the government was able to sustain the monetary stability by holding the nominal level of the budget deficit in line with the targets agreed upon with the IMF. In order to achieve those targets, the government delayed budgeted expenditures and borrowed aggressively in the domestic and international markets. As the sources of financing dried up and the government de facto defaulted on its obligations in the fall of 1998, it was forced to adjust the budgeted expenditures downward in the middle of the year by as much as 3 percent of GDP. Significant obligations remained
unpaid, thus making the budget deficit a virtual concept.

This nominal financial stabilization was accompanied by a rapid and sustained accumulation of enterprise nonpayments to each other, to the state, and to their workers. The total level of accumulated nonpaid obligations reached 120 percent of GDP--more than two-thirds of them overdue--a level much greater than the level of regular trade credits common in market economies. The government and workers have been forced to accept a large share of payments from the firms in goods rather than in cash. In 1998, more than 20 percent of tax obligation was paid with goods and services. The system of barter has created immense opportunities for corruption and theft.

Effective privatization that would align control rights over the firms' assets and cash-flow rights have been only partially effective. Managers of privatized firms exercise an almost complete control over their firms, regardless of the formal ownership arrangements, with the exception of firms privatized with significant participation of multinational entities. At the same time, local and central government officials are still capable of securing the firms' access to financial and real resources. Given that banks ceased to perform their function of financial intermediaries between the households and the firms, the government remains the largest single agent capable of providing financing to
firms (via subsidies, tax writeoffs, access to energy inputs, and other forms of support). The total assets of the banking sector in Ukraine are less than 18 percent of GDP, the lowest level of 59 countries included in the 1998 Global Competitiveness Report survey in 1998 1 and one of the lowest in the world. The ability to establish and maintain effective relationships with the state is a more important quality for enterprise managers to have than entrepreneurial ability. The 1998 Global Competitiveness Report survey of enterprise executives asked them whether public officials in their countries favor people with connections. Ukrainian executives strongly agreed with this statement. Among 59 countries included in the survey, only Russia and Indonesia ranked above Ukraine in the executive's assessment of the role of connections. Most importantly, Ukraine ranked the lowest in the managers' assessment of the amount of time spent dealing with the government. Only Indonesia ranked ahead of Ukraine in the speed of growth of the real level of informal payments to government officials over the past years.

The majority of enterprise managers use the virtual economy to their personal advantage. During my recent interviews with enterprise managers and barter traders in Ukraine, I found that most of the barter transactions are accompanied by side payments to those enterprise managers who agree to accept terms of exchange that are unfavorable to their firms. A recent report produced by the State Tax Administration of Ukraine found that the majority of Ukrainian coal mines (the most heavily subsidized sector of the Ukrainian economy) use financial intermediaries set up by the firms' managers or their proxies to undertake both cash and barter transactions. In such deals, the firms accept inferior terms of exchange and divert a significant part of their output's value to the pockets of enterprise managers and their financial intermediaries.

According to official statistics, the energy sector (oil and gas in particular) is the largest net creditor to the rest of the branches of the Ukrainian economy. At the same time, it is a sector commonly considered to be the major source of rents and economic power in Ukraine. A number of "famous" Ukrainians (including very senior government officials) made their fortunes by controlling the energy supplies--gas supplies in particular. Historically, gas traders have held monopolistic positions in distributing gas to particular regions and thus exercised a significant degree of power over enterprises that depend on energy supplies for their survival. At the same time, these gas traders continue supplying gas to enterprises that may not be able to pay for the energy consumed today or in the medium term.

The natural question is, why is the gas distribution such a coveted business? Why is this officially loss-making business perceived as so profitable? The answer becomes clear when one discovers that many enterprises pay for gas under the table. Moreover, a mutually beneficial relationship between industry and government has emerged. Since the real value of bartered goods is difficult to calculate, barter transactions, including tax payments via mut