Opinions of experts.
High-profile arrests, searches, and displays of large amounts of cash and valuables confiscated from suspected bribe-takers create the impression that a real crackdown on corruption and the theft of public funds has finally begun in Ukraine. Prosecutor General Yuriy Lutsenko (Read more: Yuriy Lutsenko. The "Terminator" of Ukrainian Politics) figuratively called this process hunting for “big fish”.
Developing the "big fishing" theme, a ZIK correspondent asked experts about the current state of the fight against corruption in Ukraine: has a systematic fight against this shameful phenomenon begun, or is it being selectively addressed—for show.
To begin with, let us briefly recall the most recent high-profile cases.
The arrest of Oleksandr Sukhomlin, former Deputy Minister of Economic Development in Mykola Azarov's government (Read more: Nikolai Azarov. The Survivor. Part 1), who is called the "creator" of oligarch Kurchenko's gas schemes. He is suspected of embezzling liquefied gas worth over 2 billion hryvnias and receiving excess profits of over 5 billion hryvnias from its resale.
Later, law enforcement officers detained Andriy Koshel, the head of a separate structure of Yanukovych's "criminal organization," SEPEK, which was responsible for the misappropriation of liquefied gas, oil, and petroleum products belonging to state-owned enterprises.
People's Deputy Oleksandr Onyshchenko (Read more: Alexander Onishchenko: A Man with a Taste for Scandal) is accused of embezzling over UAH 1,6 billion from Ukrgazvydobuvannya. He faces up to 12 years in prison. However, according to the State Border Service, he was already outside Ukraine when his parliamentary immunity was lifted.
Deputy Health Minister Roman Vasilishin and his accomplice were arrested for bribery. According to the prosecutor's office, the official orchestrated a system of extortion from practicing doctors performing surgeries at Kyiv's Oleksandrivska Hospital. $50,000 and 320,000 hryvnias were seized during the arrest.
The National Anti-Terrorist Operation (NABU) has opened a case against Kostiantyn Kulik, a prosecutor for the ATO forces, who is suspected of illicit enrichment. Specifically, he is accused of purchasing expensive real estate and vehicles while working for the military prosecutor's office.
The first deputy chairman of the Mykolaiv Regional State Administration has been arrested on suspicion of accepting a $100 bribe. The official and his accomplices are accused of extortion and bribery in exchange for a permit to mine limestone in one of the region's districts.
The Kyiv Oblast Deputy Prosecutor has been caught in a 300 million UAH fraud. According to the National Anti-Corruption Bureau of Ukraine (NABU), he is suspected of a criminal scheme to siphon sugar from the state-owned Agrarian Fund of Ukraine.
The deputy prosecutor of the Ternopil region and the head of the Ternopil local prosecutor's office have been charged with bribery. They are suspected of receiving an unlawful benefit of more than 300 hryvnias (Article 368 of the Criminal Code of Ukraine).
A showpiece arrest of the amber "mafia in uniform" in the Rivne region. According to law enforcement agencies, the criminal group was led by Rivne Oblast Deputy Prosecutor Andriy Borovyk. His key aides were the head and an employee of a structural unit of the regional SBU department. During searches, gold bars, a large collection of expensive watches, bags of amber, and cash were seized from them.
In Lviv Oblast, the deputy head of Zakhidukrgeologiya, a subsidiary of the National Joint-Stock Company Nadra Ukrainy, was arrested for accepting a bribe of 1,5 million hryvnias. The official demanded 3 million hryvnias for preparing and coordinating documentation for the development of a gas field, followed by assistance in obtaining a special permit for subsoil use.
This list includes high-ranking officials and prosecutors, and the substantial sums involved in these cases. At the same time, most experts surveyed view the sweeping claims about the fight against corruption in Ukraine with some skepticism and explain why. However, there are also positive reviews and expectations.
Nikolai Khavronyuk, expert at the Center for Political and Legal Reforms:
"I believe there's no real hunt because there's no visible results. For more than two years, we've seen only a few high-profile arrests and red tape surrounding detentions, releases on large bail, and in some cases, removals from office, but nothing further has happened. We haven't yet received a single high-profile conviction. Not a single one! And this is at a time when thousands of bribe-takers are arrested annually. In addition to those caught red-handed at the scene of crimes who've accepted bribes, there are also arrests of individuals abusing their power, official positions, embezzlement, and other corruption-related crimes. But we haven't seen any arrests yet. That's the main thing."
Moreover, when the Verkhovna Rada intended to arrest corrupt officials within its ranks, they were allowed to escape. This is the second indicator that there is no genuine will to combat corruption.
The third indicator is the failure to implement Article 368-2 of the Criminal Code, which provides for liability for illicit enrichment. And it can't be implemented until there's a proper, comprehensive electronic asset declaration system. The authorities are doing everything they can to prevent this system from working. Now, on the eve of the system's launch, scheduled for August 15, there's talk of dividing entities into certain categories, with only a small subset of these categories actually filing declarations starting August 15.
This means that a huge number of officials are once again delaying their asset declarations. This concerns the 2015 declaration. If it's postponed until 2016, then they'll only be required to declare for one year. It should be for two years, so they can compare results and see how much their financial situation has changed. Then they can ask, "Where did you get all that property if your salary was so low?"
All this and much more gives reason to say that there is no real struggle being waged, they are just throwing dust in the eyes to hide the real picture.”
Yaroslav Yurchyshyn, expert of the Reanimation Package of Reforms, member of the board of Transparency International Ukraine:
"I would like to highlight the work of the National Anti-Corruption Bureau and the Anti-Corruption Prosecutor's Office, which, following their creation, are beginning to function normally. We're already targeting the 'big fish.' These include the cases of Onishchenko, the Deputy Chairman of the Mykolaiv Regional State Administration, and the Deputy Minister of Health. The question is how well these cases will be prepared for trial and how impartial the court's decisions will be. There are serious doubts about this. Therefore, the next step, which we will be actively pursuing starting in September, is the creation of an anti-corruption court. This will ensure that these major corruption cases are heard with the required level of professionalism and independence.
The development of the legislative framework can be called systemic. The results (of the fight against corruption, — ZIK) are not systematic. It's too early to talk about that. The results of the fight against corruption should be guilty verdicts with confiscation of property. Currently, these are only found at the mid-level, and not particularly high-profile ones at that. Therefore, it's too early to talk about systemic results yet. There's also no reason to talk about selectivity, since cases are being opened not only against representatives of the previous regime or individuals involved in its schemes, but also against, for example, ATO Prosecutor Kulik, who is effectively a representative of the current government."
Evgeniy Zakharov, Chairman of the Board of the Ukrainian Helsinki Union on Human Rights, Director of the Kharkiv Human Rights Group
"I don't have a clear sense of that [systemic fight against corruption, — ZIK]. For that to happen, we need to do things like they did in Georgia and Romania, where they didn't look at who was whose ally, who belonged to which party. If there are instances of corruption, criminal cases are opened, investigated, and brought to court. I doubt that this will be the case here. Since President Yushchenko's famous phrase, 'Don't touch my guys,' I think it will play a role today as well. On the one hand, it's worth noting that the number of such cases has increased significantly, but at the same time, some of them raise doubts.
Overall, my impression is that the number of anti-corruption cases has increased. There are far more of them than before. Moreover, they're reaching the level of deputy regional prosecutors and deputy governors. But there are doubts that this is being done in accordance with the law and that there isn't selective prosecution. The key in this process is not words, but actions."
Stepan Khmara, politician, human rights activist:
"Our law enforcement agencies are fighting the consequences, figuratively speaking, like flies. But we need to fight the impurities, then there won't be any flies. Corruption is, first and foremost, a targeted, self-serving personnel policy. Rather, our country is simulating and partially combating corruption at the lower and mid-levels, without addressing the tip of the iceberg—those in high places. These high-profile arrests aren't the 'big fish.' A deputy minister is a 'middling fish.' Corruption won't be defeated with this."
Galina Yanko, Chair of the Public Council under the Security Service of Ukraine in Lviv Oblast, lawyer:
"There are some developments in Ukraine, some arrests. But I have serious doubts that these cases will actually be brought to a conclusion, to trial, with convictions. We have the example of the Lviv Armored Vehicle Plant. There was a high-profile arrest (of the plant's director, — ZIK), nationwide PR, 30 million hryvnias in bail, and in the end, nothing. I'd like to see results—court verdicts without reclassifications during the investigation, without changing the guilty verdict.
It's impossible to say nothing's happening. But for now, this is just the beginning. The question is whether the courts will issue verdicts. Once a verdict is issued, a person is considered a criminal. Until then, no one has the right to accuse a person—they're just a suspect. When there are verdicts, then we'll be able to say we've got the big fish. For now, all we're seeing are arrests, searches, and demonstrations of how much money was found during the searches.
Read more: Yuriy Lutsenko. The "Terminator" of Ukrainian Politics
Nikolai Azarov. The Survivor. Part 1
Alexander Onishchenko: A Man with a Taste for Scandal
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Natalia Shutka, published on the website IA ZIK
Translation: Argument
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