Zelensky signs judicial overhaul criticized by Western diplomats

Ukrainian President Zelensky signed on Nov. 4 a
judicial overhaul bill that was criticized by Western diplomats for threatening
the independence of Ukraine’s judicial institutions. The law on judicial
governance halves the number of Supreme Court judges to 100, introduces a new
procedure for forming the High Judges Qualifications Commission, reduces the
commission’s membership to 12 from 16, and creates a virtue and ethics
commission for the High Justice Council. All members of the High Judges
Qualifications Commission are dismissed, with 90 days for the High Justice
Council to appoint new ones. The bill was drafted and submitted by the
President’s Office.

Recall, the EU Delegation to Ukraine issued an Oct. 17 statement criticizing
the legislation, particularly those clauses reforming the Supreme Court, which
it said contradicted European standards. Also expressing their concern with the
legislation were the Canadian, German and British ambassadors to Ukraine. In an
Oct. 15 statement, they raised concern about the law’s repeat selection of
Supreme Court judges and reducing their number “without a clear procedure and
in an unclear term.” It also questions the measure to subordinate the High
Judges Qualifications Commission under the unreformed High Justice Council.

Supreme Court of Ukraine Chief Justice Valentyna
Danishevska firmly opposed the legislation, calling for President Zelensky to
veto his own bill in an interview published on Oct. 16 on the radiosvoboda.org
news site. “This so-called reform foresees one goal – to replace people,” she
said. “The approval of such a law obviously crosses out the guarantees granted
to judges by the Constitution. I would want for the state’s leaders to know
about such a principle of the independence of judges as their irreplaceability.
That is, a judge can’t simply be dismissed.” She said the reform is aimed at
undermining the court’s independence ahead of crucial rulings on the Privatbank
nationalization and special elections to be held on the occupied territory of
the Donetsk and Luhansk regions.

Zenon Zawada: Zelensky’s
presidency consists of performing a juggling act between three interests that
he is beholden to: (1) his urban Southeast electorate, (2) his main campaign
sponsor Ihor Kolomoisky and (3) Western authorities. Given that this judicial
reform law dissatisfies Western authorties, Zelensky must have promoted it on
behalf of one of his other two interested parties. And we believe the wholesale
dismissals of many state officials – including those targeted by this law – is
being performed with the intention of appointing those loyal to the President’s
Office, and by extension Kolomoisky.

With the war in Donbas, the current campaign of
withdrawing forces satisfies all three interested parties. Yet Zelensky’s most
difficult moments surface when the interests of one party conflict with those
of another. Several times, Zelensky had to side against the interests of
Kolomoisky, particularly when the statement was made that the Ukrainian government opposes
Privatbank’s return to
the billionaire and his partners. In the case of this judicial overhaul
however, Zelensky is siding with Kolomoisky, taking the risk that the West will
let this slide. So far, this move doesn’t seem to threaten anything serious,
like the IMF loan program.