New blows have been dealt to the already painfully slow and often obstructed attempts to overhaul Ukraine’s corrupt legal system and instill rule of law and respect for it.
First, on Oct. 8, the Supreme Court considered an appeal of the High Council of Justice regarding the “constitutionality” of the judicial reform launched by President Volodymyr Zelensky.
They decided to appeal to the Constitutional Court, which is already at odds with the president over his attempts to remove its head, Oleksandr Tupytskyi. The court has shown itself pliable to Kremlin, vested and corrupt interests, issuing rulings that have undermined key elements of reform.
The following day there was more bad news. The long-stalled process of electing the next head of the Specialized Anti-Corruption Prosecutor’s Office, known as SAPO, was delayed yet again because of a lack of a quorum created by the absence of several members of the selection committee — notably those appointed by parliament.
These developments come after revelations in the Pandora Papers about the involvement of 38 top politicians, including Zelensky and his inner circle, in setting up shady offshore schemes. It’s hardly surprising that the United States and the European Union have expressed dismay with Ukraine.
They described the latest delay with SAPO as “incomprensible and unjustified,” and as placing the entire anti-corruption effort in doubt. And all this came on the eve of the Oct. 12 EU-Ukraine summit.
Official Kyiv has been urging Brussels to provide clearer signals supporting Ukraine’s prospects for eventual EU membership. But this regression in Ukraine’s commitments smacks of impudence or, at least, a shaky grip on reality by Kyiv’s leaders. Progress to EU membership will come only incrementally as long as Ukraine doesn’t have transparency, accountability and genuine rule of law.
Until that happens, the bitter truth is Ukraine will be on the outside. While it seems unfair, given the democratic regression of many EU member states, Ukraine has to realize that outsiders looking to join the 27-nation club have to pay their dues — and the most important one is becoming a truly democratic state with strong institutions.
Time and credibility are being lost in this phony production of mostly imitation reform. Zelensky is no longer a newcomer in office. It’s best that he gets moving ahead and gets people behind him, which they will only do if they are convinced he is acting in their best interests.
