Whoever suggested that the police force was a good starting
point for change made a very smart call, for one reason because these new men
and women in uniform are the authority that regular citizens get the most
facetime with, but a second reason is that it set a standard. They have created
precedents that now the other branches of authority must emulate. The problem
in those other branches of authority is identical though, there is a resistance
to change from people who have a vested interest in the old system.
The Prosecutor General of Ukraine is Viktor Shokin. He has
worked in the Prosecutor Generals’ Office since 1998, he was the deputy prosecutor general in 2002-2003, and then again from 2004 onwards. In other
words he has served in high ranking positions in thoroughly corrupt times,
hardly something to be admired. He is one of the old guard and by appearance
alone he could be the old guard’s poster boy. There could not be a greater
contrast, in fact, between the nation’s newest cops and the nation’s top cop.
The problem isn’t limited to Shokin, although at present he
certainly appears to be a large part of the problem. The problem is in all of
the intertwining branches of authority, the parliament, the judiciary, the
Presidential administration, and Prime Minister’s office are all part of the collective
problem.
The problem is simply summed up, the problem is a resistance
to change. That resistance is simply unacceptable.
Some parliament facts & figures
There are presently 423 people who sit in parliament, 27
seats remain vacant for when residents in the occupied areas of Crimea and
Donbass are able to freely elect their representatives to this body; 56% of Ukraine’s parliamentarians are new to the job, so,
44% are part of the old system.
According to a recent estimation by member of parliament and former journalist
Sergii Leshchenko only 25% of parliamentarians are motivated to work on
reforms. At the same time, only 117 members parliament have signed a
petition to consider the removal of Shokin, in other words 306 MPs are
protecting his position. Maybe Leshchenko should have said 27.66% of MPs
are motivated to reform…
According to a recent article by Ivan Miklos, an advisor to
the two best ministers serving the country at this time: “Only 36% of the
legislation proposed by the government was passed by the Rada during the first
9 months of this year. This compares to a rate of about 100 percent – in the
first few years following a change of government in countries that have
successfully implemented reform programs.”
Selective application of the law
On Sept. 17, parliament saw the arrest of
Radical Party member of parliament Ihor Mosiychuk. From a standpoint of arresting what looked
to be a corrupt politician according to video evidence there can be few
complaints about his, but on the other hand normal procedures were ignored.
Shokin himself showed up to present the evidence without regard to due process.
Was this an act of political revenge instigated by Poroshenko because the
Radical Party had just left the coalition? It appeared so at the time. Or, was
this a personal act of revenge from Shokin because the last person, at that
time, to sign the petition to remove Shokin himself had been Mosiychuk?
Politics in Ukraine is certainly a dirty business. This is
emphasized by a quote from Yegor Sobolev, the Samopomich Party member of parliament who is collecting
those signatures.
“After Ihor’s arrest everyone started thinking, ‘what if this
happens to me tomorrow?’“ Well, what an interesting statement that is…
Mosiychuk was arrested, albeit with procedural violations that shouldn’t be
ignored, for appearing to accept large sums of cash in bribes. And, quote, “everyone in Parliament is now asking ‘what if this happens to me tomorrow?’” Is
that an inadvertent admission that the majority of parliamentarians are still
working according to the old principles of “screw the people, I’m getting
rich!” and also accepting large sums of cash in bribes? It seems to be, the
earlier quoted thoughts of Leshchenko and Miklos seem to provide circumstantial
back up to this, because many don’t appear to be very engaged with performing the tasks they should be priortising.
Loyalty?
As for the president, why is he not moving to replace Shokin?
Is it loyalty? If so, it is loyalty to a man prepared to ignore the tiresome
burdens of legality in pursuing opponents and a man who has a long history of
being a system insider and so it is not a loyalty to be admired.
Or, is the president himself simply afraid of what
information might be leaked about his own wheelings and dealings over the
years? We all know that anybody who has spent the past two decades in Ukrainian
politics is no saint. The pragmatists in the country are focused on the future
and the realists know about the past. Pragmatic realists know that it is time
to draw a line. That line means a break with the people who are unable or
unwilling to reform and/or act in an honest manner with the country’s interests
at heart. Without exception.
Ukraine needs a parliament that works efficiently, where parliamentarians do not dare to act in a corrupt manner, and to achieve that we
need a prosecutor who looks honestly at the behavior of all parliamentarians
without fear or favor. Following that we also then need a court system that
works fairly and not one that dolls out rulings based on who knows whom, who
paid the most, or who made the worst threats.
Those three branches of authority – parliament, prosecutor and judiciary – need a fresh start.
Contrary to the standards set by the new patrol police force, many people in parliament are not acting in a way deserving of respect.
Many in the prosecutor’s office are not acting in a way worthy of respect. Many
in the judiciary are not acting in a way deserving of respect. There are a few
bright and shining stars leading the reforms and changing the country. Fresh members of parliament, deputy prosecutor generals, nongovernmental organizations and pressure groups, but, their efforts are being
hampered by an interconnected system that needs a fresh start.
As well as the patrol police, there is another group
collectively acting in a way deserving of respect, they are the Ukrainian
people. After standing on Maidan to face down a group of stealing bullies they
have come through one set of challenges after another, and they are rightly
proud of the country that they are all a part of building and this is visible
in every symbol of patriotism displayed. Every car with a flag in the
windscreen or a trizub on the bonnet, every flag hanging off a balcony, is a
demonstration of well-earned pride and a sign of accepting collective
responsibility for change.
The Ukrainian people don’t deserve to have their present or
their future blighted by the unwillingness (it is not inability) of some in
political circles to change. They deserve this fresh start. We have had time to
pass the required laws, to create the necessary offices and appoint the officers
to deal with corruption, these bodies now need to begin to apply the law in an
even handed manner.
If the top cop is unable to prosecute corrupt Yanukovych era
officials, fire him. Now. If the judges are unwilling to accept that Ukraine
has changed, replace them, en masse. If parliamentarians are not passing laws
needed to reform the country we need to analyse why, see where the hold ups
lie, and publicly expose the actions of these people and their parties so that
they will be a) voted out of office, or, b) appropriately dealt with by honest
actors within law enforcement.
It is 18 months exactly since Poroshenko became president.
He has presided over bickering and horse trading; dealt with different power
groups fighting for their interests and not the country’s interests. He looks
tired. I am sure it is exhausting, having to deal with some of the disgraceful
but shameless holdovers from the previous political system. That previous
system, which provides benefits for only a few, is gasping for its final breath
and some are still brazenly rushing to steal all they can while they still can.
The interconnections between the branches of authority are
like life support for corruption, and cutting the power to one part of this
system off is like turning the life support off. Appointing new and honest law
enforcement professionals will kill the old system, people who resist that
change are integral parts of the old system. Remove them. Time for a fresh
start.