SAP selection commission nominees draw Western criticism

Ukraine’s parliament voted on Sept. 17 to approve the
nominations of seven (out of a total of 11) members of a selection commission
that will choose the head of the Specialized Anticorruption Prosecutor’s Office
(SAP). Of the seven commissioners, four have drawn fierce criticism from
Ukraine’s Western-sponsored NGOs, as well as Western officials. The
Anti-Corruption Action Centre commented that the four commissioners in question
lack integrity and experience in fighting corruption. Even harsher criticism
was offered by Viola von Cramon, a European Parliament member, who tweeted,
“Ukraine Government is jeopardizing visa-free with the EU and further tranche
of EUR 1.5 billion assistance.” A more restrained tone was offered by the E.U.
Delegation in Ukraine, which tweeted that both the E.U. and the U.S. “take
note” of the decision and highlighted that “the commission needs to embark on a
transparent process with candidates’ integrity and merits at its core,” adding,
“Our further support [of Ukraine] will depend upon it.”

Commenting on the Rada vote, the President’s Office
issued a press release calling to “refrain from excessive emotions … and
speculative assessments.” It reminded the public that the previous SAP head
Nazar Kholodnytsky – who “passed all the relevant competitive selection
procedures for the administrative post, which was then lauded by all the
observers,” – was nevertheless “caught” by the National Anticorruption Bureau
for doing and saying things that were “considered to be incompatible with his
position.”

Recall, the first head of the IMF-required SAP,
Kholodnytsky, resigned on Aug. 21 after a
scandalous tenure with anti-corruption accomplishments nonetheless, prompting
the search for a new head. Out of the 11 members of the SAP selection
committee, four are appointed by a council of prosecutors and seven by the
parliament.

Alexander Paraschiy: It is worth
noting that after the appointment of Kholodnytsky for the position of SAP head
in late 2015, Ukraine’s parliament changed the legislation at the demand of the
IMF in February 2016 to improve for the future the process for selecting the
SAP head. This suggests that not all observers, as alleged in the statement by
Zelensky’s office, were happy with the selection process by which Kholodnytsky
was appointed.

Based on the political patterns demonstrated by
Zelensky and Yermak, they are seeking to appoint a loyal SAP head, for which a
nominating committee under their control is essential. (In this sense,
Poroshenko demonstrated a higher standard in governance in allowing the
selection of Kholodnytsky, who was not under his control. Or at least not
initially.)

At the same time, both the E.U. delegation and U.S.
embassy in Ukraine have issued statements that they will closely monitor the
selection process and won’t tolerate a SAP head nominee that doesn’t meet the
position’s high criteria. Needless to say, the selection of SAP head is likely
to become the key factor that will determine the future of Ukraine’s financial
support from the IMF and the E.U. this year.