Scandal for two: why Zelensky decided to disperse the Constitutional Court

There is a new scandal in Ukraine. The Constitutional Court limited the powers of anti-corruption fighters. In response, Volodymyr Zelenskyy decided to change the composition of the court, although the law does not provide for such a procedure. The parties are not shy about loud statements. Zelensky called what is happening as a conspiracy of oligarchs. The head of the Constitutional Court, Alexander Tupitsky, announced a coup. The West has also expressed concern. The European Union has threatened Kiev with the abolition of the visa-free regime. Izvestia understood the details of the crisis.

The letters of the law

The Constitutional Court of Ukraine (CCU) at a closed meeting on October 27 changed the anti-corruption legislation. In particular, the court canceled criminal liability for officials and deputies for inaccurate declaration of income. The relevant norms appeared in the legislation in November last year. In August, 47 deputies of the Verkhovna Rada, mostly from the Opposition Platform – For Life (OLLP), complained to the Constitutional Court.

The people’s representatives noted that the electronic declaration should include information not only about oneself, but also about family members. If third parties provide false information, then the author of the declaration bears the penalty. “The subject of declaring cannot verify the reliability of the statements transferred to him. This legislative approach does not correspond to the institution of legal responsibility, which has an individual character.“, – said in the appeal. The court agreed with these arguments and declared the relevant articles of the law and the Criminal Code unconstitutional.

In addition, the CCU cut the powers of the National Agency for the Prevention of Corruption (NAPC). In particular, the court banned the NAPK from checking the electronic declarations of officials. The KSU also deprived the agency of access to state registers, which are necessary for conducting special checks of candidates for leading positions in government. Without these checks, not a single head of a state body could be officially appointed. The Constitutional Court stressed that these powers of the NACP contradict the independence of the judiciary.

The threat of visa-free travel

Ukrainian anti-corruption fighters complained that due to the verdict the court would be forced to close 110 criminal cases… Among other things, criminal cases initiated earlier against Prosecutor General Irina Venediktova, former deputy of the Verkhovna Rada Igor Kononenko, former Minister of Energy and Coal Industry Igor Nasalik and a number of other high officials will also be closed. All cases were investigated under the article “Declaring false information”.

The problem for the Ukrainian government is also that anti-corruption legislation was created under the auspices of the United States and the European Union… It is believed that exactly thanks to these structures, Washington and Brussels control the Ukrainian political class… In particular, the vague rules of electronic declaration of income make it possible to bring unwanted officials to justice. At the same time, the heads of anti-corruption agencies are appointed in agreement with international structures.

Another story has become characteristic in this sense. In the spring, the Ukrainian authorities tried to fire the head of the National Anti-Corruption Bureau of Ukraine (NABU) Artem Sytnyk… But the IMF opposed, and gladly failed the vote. In August, the Constitutional Court ruled that Sytnik’s appointment to office in 2015 was illegal. But this did not shake the position of the official. He simply refused to respond to the verdict and continued to perform duties.

This time, Western structures also did not stand aside. The US Embassy in Ukraine demanded “to restore people’s belief that the state can fight corruption and continue the European and Euro-Atlantic course enshrined in the Constitution.” Ambassadors of the G7 countries reportedthat “are alarmed by the efforts to undo the anti-corruption reforms that have occurred since the [достоинства]”. But the worst news came from the Ukrainian ambassador to the EU, Nikolai Tochitsky. According to him, Brussels is ready to suspend the visa-free regime because of the decision of the Constitutional Court of Ukraine.

Suitcases against devils

President Zelensky criticized the court’s decision. He first convened the National Security and Defense Council (NSDC). He stated that the “principle of zero tolerance for corruption” is unacceptable to revise. On October 29, the head of state submitted to the Verkhovna Rada a bill that terminates the powers of the current composition of the Constitutional Court. The initiative violates the current legislation of Ukraine, according to which only members of the Constitutional Court can early terminate the powers of judges. This step must be approved by at least two thirds of the judges. The Rada and the President do not have such powers.

Legal obstacles, however, do not interfere with vigorous activity. Zelenskiy is expected to attend a meeting of the Servant of the People faction on the evening of November 2 to persuade MPs to vote for the law. The day before, the President of Ukraine spoke in detail about the situation. “I know for sure that the demarche of the Constitutional Court is a public manifestation of a conspiracy of a part of the old elites and oligarchs against the president and the country. Only a weak president and a weak state are the key to preserving their corrupt lifestyle. Otherwise, they cannot. As they say: on Halloween all the devils from political hell reveal their real faces. Coincidentally. The names of the devils you know perfectly well“, – said the Ukrainian leader.

Several rallies were held near the building of the KSU in Kiev. Participants require judges to resign voluntarily. Once the activists threw fires and smoke bombs into the building. Another time, they demanded that the judges go to the Russian Rostov-on-Don. Activists brought suitcases and symbolic boarding passes to the building.

In response, the chairman of the CCU, Alexander Tupitsky, said that he saw signs of a coup d’etat in Zelensky’s bill. Interestingly, a number of European structures condemned Zelensky’s initiative. The heads of the Venice Commission and the organization GRECO (“Group of States against Corruption”) criticized, in particular.

Riot on my knees

Experts say that the Ukrainian elite, with the help of the KSU, tried to return part of its sovereignty to the country. “We saw the attempted kneeling riot. Ukrainian officials and oligarchs are unhappy with being held on the hook. They tried to free themselves from custody. And the real leadership of Ukraine got involved. Washington, through the acting ambassador to Ukraine, scolded Zelensky. Tom had to react, ”explains Vladimir Zharikhin, Deputy Director of the Institute of CIS Countries.

The interlocutor adds that things may not come to the dispersal of the KSU. “The Constitutional Court has behaved loyally in recent years. Moreover, his illegal change will be a major scandal. This initiative has already been noticed in Europe. I suppose that the court will be forced to quietly cancel the decision, postpone it on the back burner, in which many other good wishes are gathering dust. The composition of the court may remain the same, ”Zharikhin told Izvestia.

Ukrainian political scientist Alexander Dudchak believes that the Kiev authorities may break the law. “The President and the Rada cannot shuffle the composition of the KSU. But who will it stop? There is a lot of lawlessness in today’s Ukraine. Suffice it to recall at least the change of power in 2014. Another similar decision will not be something out of the ordinary, ”the expert emphasizes.