not men. Simply put, the millions of people on Independence Square protesting election fraud proved that no one, not Viktor Yanukovych, not Leonid Kuchma, is above the law.
Sadly, last week, President Viktor Yushchenko took a giant step to undo that legacy.
A new law that he signed gives immunity from prosecution to deputies not only in the national parliament, but on regional and local legislative councils – more than 200,000 people.
The law is a terrible one. It puts a whole new slice of Ukraine’s ruling class beyond the reach of the justice system. It’s bad enough that members of the Rada here in Kyiv have always had immunity. But now even lawmakers in Ukraine’s small towns will be able to commit crimes, if they choose to, in the confidence that there’s no way they can be punished.
Caste system
The idea that members of Ukraine’s political class should have superior legal rights to the rest of the populace is profoundly undemocratic. It’s straight from the Soviet era, when society was divided into two classes: a tiny one of Communist Party elites who were above the law, and the huge one consisting of the masses those elites controlled.
But a fundamental principle of a democratic society is that the rulers are no better than those they rule, and that they have to be subject to the laws they themselves make. Anything else is unjust.
Besides the philosophical objections to immunity, there are practical ones. Immunity creates government corruption because it gives corrupt people an incentive to run for office. Any system in which a criminal’s first choice for refuge is a government institution is a system that needs changing.
Then there’s the massive distrust among the population that immunity creates. Obviously, few citizens of democratic countries believe their legislatures are corruption-free. But they can at least be relatively sure that if evidence of corruption comes to light, the person in question will be investigated. Take the current case of U.S. Congressman Tom DeLay, a powerful Republican who might soon face trial on corruption charges. In Ukraine, DeLay would be untouchable.
A strong stand by Lutsenko
What motivated President Yushchenko to sign this damaging legislation isn’t clear. Whatever the reasons, however, Ukrainians should protest loudly against it – just as Interior Minister Yuriy Lutsenko is doing.
In a meeting with journalists in Uzhhorod last week, Lutsenko revealed that in Ukraine at the moment, 1,026 government officials have been accused of crimes in office. These crimes, he said, have cost the government Hr 18 billion. Lutsenko also said that 112 of these officials occupy posts in the highest levels of government, or on the second-highest level.
Then Lutsenko put his job on the line, saying: “If the Constitutional Court doesn’t strike down the Rada decision about granting immunity to deputies of the assemblies, then as a sign of protest, I’ll resign.”
Good for him.
It’s hard to know what motivated President Yushchenko to take this terrible step. Rumor has it that he did so to pay back Viktor Yanukovych, who favors immunity, and who was instrumental in getting Yushchenko’s pick for prime minister, Yuriy Yekhanurov, approved by the Rada. Whatever the reason, though, it’s a bad thing, just as immunity for Rada members is a bad thing. Let’s hope that other high government officials show the same courage Lutsenko did in decrying this blow against Ukrainian democracy – and that the Constitutional Court has the wisdom to strike it down.
Jed Sunden is the Kyiv Post’s publisher.
