Rada approves bill establishing criminal conspiracy rules and norms

Ukraine’s parliament approved on June 4 the first
reading of a bill to establish the legal rules and norms for racketeering and
criminal conspiracies, as well as the punishment for such activity. The bill
drew 236 votes (compared to 226 needed), including 205 votes from People’s
Servant MPs (aligned with Zelensky), 11 votes from the Trust group of MPs
(aligned with Akhmetov, Verevskyi), seven votes from the For the Future group
of MPs (aligned with Kolomoisky), and six votes from independent MPs. It was
opposed by the pro-Western factions, including the European Solidarity (led by
Poroshenko), which offered no votes, the neoliberal Voice party (led by
Vakarchuk), which offered no votes.

The bill establishes that the creation, leading or
participation in a criminal organization is punished with imprisonment of up to
12 years with the confiscation of property. State officials involved in such
crimes are punished with imprisonment of eight to 13 years with the
confiscation of property. The bill also establishes the concept of a criminal
ñommunity, which is the association of two or more criminal organizations, as
well as “criminal influencers,” who coordinate criminal activity owing to their
authority or other personal qualities or abilities. Responsibility is also
established for those participating in meetings to commit crimes.

The legislation is “very dangerous” because it gives
exceptional authority to a police force that itself has many incidents crimes,
said MP Oleksandra Ustinova of the Voice party. The vague norms established by
the legislation makes it easier to target average citizens who are innocent for
false arrest or persecution. She called for reforming the police first, and
then approving such legislation.

Zenon Zawada: Normally,
legislation to improve rule of law is supported by pro-Western factions in
parliament, but their opposition indicates their concern that it could be
abused not only in dealing with the public, but especially in dealing with
political enemies. Another red flag is that it was likely supported by the
widely criticized Internal Affairs Minister Arsen Avakov, given that so many
MPs aligned with the magnate Ihor Kolomoisky supported the measure (and the two
have a tight political alliance).

It’s unclear whether the pro-Western MPs will be
able to amend the legislation for the second reading, or derail its approval
altogether. Zelensky’s overall policy of consolidating authority is disturbing
in the sense that his successor as president may not as accommodating and
popularity-driven as he is.