Ukraine – President Poroshenko and the Anti-Corruption High Court

On 31 December 2017, President Poroshenko used his Twitter account to post a video on the last day of the year. The 1 minute 41 seconds video was a collection of clips with a short text underneath each providing a summary of the greatest achievements of the year. Among the biggest successes, the President named the establishment of the visa-free regime and the association agreement with Europe, the release of 73 hostages held in captivity by Russian-led militants in Donbas, large scale highway works as well as pension, education and medical reforms.

One reform area, however, was absent from the video – a demonstration of achievements in the fight against corruption. Given that corruption is one of the chronic, endemic problems that plagues Ukraine and was the reason for ousting its previous President, it is the reforms in this sphere that Ukrainian civil society is most adamant about.

As we mentioned previously on the pages of the blog, to address the demands for corruption reform the President promised to sign a law launching an anti-corruption court by the end of 2017. On December 22, President’s draft law “On the High Anti-Corruption Court” was registered in Ukraine’s parliament. However, the civil society groups and opposition legislators criticized the President’s draft arguing that it did not guarantee the selection of independent judges.

Civil society groups were not the only ones to disapprove the draft law. Transparency International urged the President to withdraw his draft, rework it and submit a new one, listing several areas where the draft did not adhere to the recommendations of the Venice Commission of October 2017.

Both the World Bank and the International Monetary Fund (IMF) also wrote to the President’s office this month expressing concern that the draft law fails to meet the recommendations of the European rights and legal watchdog. Establishing an independent and effective Anti-Corruption Court is one of the reforms required for Ukraine to qualify for the further funding from the IMF, which amounts to $800 million.

Political scientists Robertson and Pop-Eleches call this joint effort between the Ukrainian civil society and the international community to force the country down the road of anti-corruption reforms a “sandwich” model. The model worked effectively in the case of defending the director of the National Anti-Corruption Bureau and other anti-corruption reformers. Whether it will be effective in the case of the Anti-Corruption Court remains to be seen. Recently, the President confirmed that he will amend his legislation to make it more effective.

However, Anders Aslund, a leading specialist on economic policy in Russia, Ukraine and Eastern Europe, is pessimistic about the prospect of the effective reforms in Ukraine. In a recent article, Aslund wrote that the ruling coalition did not seem to be interested in a real independent anti-corruption court or electoral reform even if legislation was under way. Instead, Ukraine’s politicians seemed to be deeply absorbed by the upcoming election scheduled to be held in May 2019.

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