President Volodymyr Zelensky’s attempts to curb the influence of Ukraine’s leading oligarchs over the country’s political and economic life are encapsulated in his “anti-oligarch” law adopted by Ukraine’s parliament, the Verkhovna Rada, in September.
It is now at the center of the domestic political struggle. Because the president has now come into a direct conflict with the richest businessman in Ukraine, Rinat Akhmetov, who is a major power broker because of his economic and political influence through the energy sector and media, this standoff has intensified in recent weeks.
Zelensky’s opponents cried foul and attempted to block his bill. At the request of the Verkhovna Rada Commissioner for Human Rights, Liudmyla Denisova, and representatives of four opposition factions, former parliamentary speaker Dmytro Razumkov sent the bill for scrutiny by the European Commission for Democracy through Law, or Venice Commission in short.
The bill was titled:
“On the prevention of threats to national security associated with the excessive influence of persons who have significant economic or political weight in public life (oligarchs)“
As reported, President Zelensky signed the law on Nov. 5. It came into force the day following its publication, and comes into effect six months after the date of its entry into force
Ukraine’s Minister of Justice Maliuska reported that the authoritative advisory body on constitutional matters was expected to announce its expert opinion on the de-oligarchization law on Dec. 10-11, 2021.
But last week, Olha Sovhyria, lawmaker from President Zelensky’s Servant of the People faction, and parliament’s representative in the Constitutional Court, announced on Telegram that: "The Bureau of the Venice Commission said it had postponed the issue of giving an opinion” on anti-oligarch law “until the next plenary session of the Commission, which will take place in the second half of January 2022."
Kyiv Post asked a member of the Venice Commission to clarify matter. The legal specialist, who prefers to remain anonymous, informed us of the following:
“In January 2022 there is no Plenary Session of the Venice Commission. The next one is scheduled for March 18-19, 2022.“
However, the current Plenary Session on Dec. 11-12 approved the use of a special Procedure, called the Procedure of Urgency, to be used at the request of the Ukrainian authorities. It seems it has been used only in very exceptional situations.
At this moment we do not have any draft of the Venice Commission on this issue [Ukraine’s anti-oligarch law] because only on Jan. 22 will the Venice Commission appoint its rapporteurs as well as carry out the specific assignation of the task. In due time we will have a draft proposal to analyze and to vote on. In other words, the decision will be taken under the urgency procedure ASAP. Meaning much earlier than March.”
The member of the Venice Commission also informed the Kyiv Post that at its latest session at the weekend “a different request made to it concerning a draft law establishing the impossibility of holding national and local elections and all Ukrainian referenda in certain territories. A joint opinion of the Venice Commission and OSCE/ODHIR (Office for Democratic Institutions and Human Rights) will be approved. But this is a different issue.”
In the meantime, President Zelensky has reiterated his commitment to implement the “anti-oligarch law.” He said in an interview on the 1 + 1 TV channel on Dec. 10 that the oligarchs need to come to terms with the government’s requirements, not the other way round.
"It seems to me that we need to somehow change the course of history. They [oligarchs] need to negotiate with the government, and not the state having to negotiate with the oligarchs. To negotiate with the government is straightforward: it [the government] sets out its terms in laws and everything is clear there, how people and businesses need to act, to work. There’s no vagueness," the president said.
