Zelensky scrambles to reverse upheaval caused by scandalous ruling

Western powers swiftly criticized the scandalous Oct.
27 ruling of the Constitutional Court that disrupted Ukraine’s anti-corruption
infrastructure, calling upon the government to reactivate it as soon as
possible in line with constitutional requirements. E.U. diplomats were “greatly
concerned” about the ruling’s influence, stressing that EU support,
particularly financial aid, is tied to this very anti-corruption architecture
that is supposed to be independent from political pressure, reported the
eurointegration.com.ua news site, citing statements on Oct. 29 from the EU
Delegation to Ukraine. 

 

“This ruling places under doubt a series of
international requirements that Ukraine took upon itself regarding its
international partners, including the EU,” the delegation stated on Oct. 29.
The EU considers institutions to fight corruption, such as mandatory electronic
declarations, the cornerstone for transforming Ukraine, as well as tight
political association and economic integration with the EU, the statement said.
The EU is also ready to offer aid to return to the necessary legal
determination. A similar statement was made that day by G7 ambassadors, who
said they were “alarmed by efforts to cancel anti-corruption reforms that
occurred after the Revolution of Dignity.”

 

Top Ukrainian officials spun into action the same day,
taking steps to reverse the geopolitical upheaval caused by the Oct. 27 ruling.
The most dramatic measure involved President Zelensky submitting to parliament
a bill to (1) remove from authority the Constitutional Court judges and
initiate a procedure to select new judges, (2) recognize its ruling as trifling
and without legal consequences, (3) recognize the ruling as being made by
judges with conflicts of interest, and cancel the ruling’s respective changes
to criminal code and the law of Ukraine, “On preventing corruption.”

 

“There is a necessity to ensure the preservation of
the European and Euro-Atlantic choice of Ukrainian society, the upholding of
rule of law by constitutional bodies, the removal of threats to Ukraine’s
national security,” said the text of the bill. Meanwhile, President Zelensky said
at his emergency meeting of the National Security and Defense Council that “the
issue is not only with this ruling, but the intentional actions of certain
individuals to undermine the social agreement in Ukraine and create a real
threat to the national security and defense of our state,” as reported by news
media.

 

Meanwhile, the Cabinet of Ministers approved on Oct.
29 a resolution requiring the National Agency of Corruption Prevention to immediately
renew online access to the state register of electronic declarations of state
officials, as well as ensure the mechanism for special reviews of declarations
of elected officials.

 

Zenon Zawada: It’s
amusing to see top state officials scrambling to rescue Ukraine’s relations and
reputation with the West. But any minimal relief from that was erased by
Zelensky’s utterly reckless gesture of trying to dismiss the entire
Constitutional Court. Firstly, it will be perceived as a power grab by Zelensky
to appoint judges loyal to him. But more importantly, it sets a dangerous
precedent for politicians interfering in the work of a key court, regardless of
how questionable its work has been.

 

Zelensky’s proposed mechanism to dismiss the judges
doesn’t conform with the Constitution, which requires a two-thirds vote by
fellow judges for dismissal. They can only occur under certain justifications,
such as a health complication or failing to responsibilities, and not the vague
“conflicts of interest” cited by Zelensky (but not proven in any court).
Moreover, the court’s rulings are supposed to be final and uncontestable,
according to the Constitution. So rather than remedying the situation, Zelensky
is making it worse and further demonstrating his incompetence as president (as
well as the incompetence of his team).

 

So despite the online access to the register being
renewed, we view the situation as still being unresolved and a threat to
Ukraine’s Euro-Atlantic future. We doubt parliament will approve Zelensky’s
legislative initiative, which will be opposed by four out of five factions. And
many in The People’s Servant faction will also be opposed. Instead, we expect
an initiative to emerge in the coming sessions to remedy the situation by
approving the appropriate anti-corruption legislation.

 

In addition, although the judges are directly to
blame, it’s clear that they had tacit agreements with pro-Russian MPs to make
the ruling. And no top official has pointed the finger in their direction, or
attempted to call them out by name. If they are not eventually identified by a
law enforcement investigation, it  means they won’t be held accountable
and will be emboldened to continue to wreak havoc on Ukraine’s Euro-Atlantic
aspirations.