Ombudsperson rules Ukraine’s oligarch law as unconstitutional

Verkhovna Rada of Ukraine Commissioner for Human Rights
Liudmyla Denisova reported on Sept. 3 that bill #5599, which limits the
political activity of Ukrainian oligarchs, runs afoul of the Constitution of
Ukraine. Denisova recommends sending the bill to the Venice Commission for an
assessment. She stated that the current bill grants powers to the president and
National Security and Defense Council that are beyond the scope set forth in
the constitution.

Recall, the draft bill #5599, made public in June, introduces
a definition of an oligarch. A person recognized by the National Security and
Defense Council as oligarch: 1) must not finance political parties, 2) cannot
participate in large privatizations, and 3) should file annual electronic
declarations as public officials do.

James Hydzik: A Venice
Commission opinion would be a good idea regardless of Denisova’s assessment.
The law resulting from this attempt to legislate a degree of separation of the
wealthiest individuals and political influence is almost certain to be
contested in the courts. As Ukraine’s political season opens, this law will
continue to be a high-profile topic, and the embarrassment of an avoidable
defeat in the courts later will be pointed to by a Greek chorus of pundits
earlier, thus signalling weakness on a matter regarding which Zelensky cannot
afford to be seen as losing.