Recertification of prosecutors will continue, Venediktova says

Reforms in the Prosecutor General’s Office will continue,
particularly the recertification of prosecutors, newly appointed Prosecutor
General Iryna Venediktova said in an interview with the pravda.com.ua news
published on Apr. 7. “Reforms will certainly continue. As a deputy (member of
parliament), I vote for it and I don’t see any basis for why reforms should
cease,” she said, adding that about a hundred prosecutors await dismissal for
failing recertification tests. Several MPs have complained about competent
prosecutors being dismissed, yet the office will not be able to pursue their
return, neither in the existing courts nor in the creation of appeals
commissions, as had been proposed by MPs, she said.

Former Deputy Prosecutor General Viktor Trepak, who
conflicted with Venediktova after her appointment and resigned on Mar. 30,
alleged in an interview published on Apr. 4 that she was considering appeals
commissions to allow the return of corrupt prosecutors who failed
recertification. Their main conflict had surrounded the criminal case of Odesa
activist Serhiy Sternenko, a nationalist – reviled by Russophile Ukrainians –
who killed an assailant in May 2018, alleging self-defense. Venediktova spoke
of the need to issue a notice of suspicion against Sternenko, while Trepak
insisted not enough evidence had been collected.

Trepak had also led the investigation to find those
responsible for the acid attack on civic activist Kateryna Handziuk, who died as a direct result in November 2018.
He said he doubts any more progress will be made in prosecuting those
responsible under Venediktova, Trepak said in the interview with the
pravda.com.ua news site.

In response to Trepak’s claims, Venediktova said a
notice of suspicion is certain to be issued to Sternenko. The only question is
whether it’s for the charge of murder or murder in self defense, she said in
the interview published on Apr. 7. Regarding the Handziuk case, she said she
had expected Trepak to continue the investigation, rather than resign. Other
officials involved remain in place, she said. Venediktova acknowledged meeting
this year with Andriy Portnov, the controversial lawyer representing the
interests of the Yanukovych entourage, but stressed that she doesn’t share all
his positions. When meeting with President Zelensky upon her appointment, she
said he made no mention of former President Poroshenko, whose criminal
prosecution is actively being sought by Portnov.

Zenon Zawada: We don’t
expect any progress in rule of law and fighting corruption in Ukraine under
Venediktova. Her fixation on pursuing a criminal case against the 25-year-old
Sternenko, a talented but otherwise second-tier activist at the national scale,
indicates she has orders to make an example of him, at minimum, and intimidate
him. The Zelensky administration has made a similar scapegoat of Ukrainian
paramilitaries and volunteers in Donbas.

Although it’s apparent that she has ties to Ukraine’s
Russian-aligned forces, Venediktova is also likely to pursue Western-backed
policies when necessary (as President Zelensky has done with the IMF). We
expect reforms, such as the recertification of prosecutors, will occur only
under the need to satisfy the West.

Venediktova’s appointment was endorsed by President’s
Office Head Andriy Yermak, who showed upon his promotion in February that he
was more interested in having loyal officials than those committed to pursuing
Western-sponsored reforms. Yermak recommended candidates as her deputies, she
acknowledged in her interview. Her arrival reflects the overall policy of
Zelensky/Yermak of what we characterize as détente with Russia and renewing
ties with Ukraine’s oligarchs, amid compliance with Western commitments. What’s
noticeably absent is a proactive pursuit of implementing Euro-Atlantic policies
and values in domestic affairs.