Zelanski signed a controversial law. What is it about?
Mariia Tsiptsura, Onet: Please tell me first what happened in general and what is the problem with the law signed by Zelanski?
Igor Reiterowicz: The key problem of this act is that the activities of the National Anti -Corruption Bureau of Ukraine (NAB) and the Specialist Anti -Corruption Prosecutor's Office (SAP) will be significantly inspected by the General Prosecutor's Office – and specifically the Prosecutor General. And the Prosecutor General of Ukraine is in fact a political position because the candidate is submitted by the president and the Supreme Council votes. The same advice, incidentally, slows down this person.
On the other hand, the management of NAB and SAP is elected by a special competition by a special commission, which carries out all stages of selection, inspections, etc. All actions taken so far by NAB and SAP were relatively independent – both from the General Prosecutor's Office and other law enforcement agencies. They operated within the law: they collected evidence, initiated cases, and transferred it to court. And most importantly – their main facilities were high officials, people holding high positions.
This independence allowed them to initiate proceedings against people who had real evidence towards, and attract leading people responsible for corruption. By the way, the creation and functioning of these anti -corruption bodies is part of the EU association agreement. And now we have simply seen them to subordinate them to the Prosecutor General, who in turn is in fact the creator of the president and in their activities depends on the Supreme Council – in which, incidentally, potential suspects in Nab and SAP matters can sit. A fairly anecdotal story took place yesterday. A member voted for a law, which actually eliminates the independence of SAP and Nabu, against whom a bribe's proceedings were initiated two years ago. There is a recording in which it runs in the yard and throws money through the fence.
So why wasn't she arrested?
She was in the eighth month of pregnancy. The court decided that the case would be continued, but she must give birth to a child. And here the matter has been going on for two years, and yesterday she pressed the “behind” button with this act.
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“Direct blow to anti -corruption bodies”
Please tell me a little more in detail how this law limits the activities of anti -corruption bodies. For example, can the Prosecutor General now suspend any proceedings or transfer it to other bodies?
Yes, absolutely. The Prosecutor General may close cases, for example because of “the lack of crime.” It controls the whole process. It gives commands to NAB detectives, and if they do not do them, they can be moved away. This means that they will no longer be able to do what they did earlier.
Here is an example: the Chernyszów case – a former deputy prime minister. Now the Prosecutor General can theoretically go out and say “I have read the materials. We will analyze them. This is not a matter of NAB, it is a matter of DBR (State Bureau of Investigation).” And DBR is an organ subject to the President's Office. It's very bad. This is a direct blow to anti -corruption bodies.
Was a reform of anti -corruption organs at all? Perhaps the allegations against them were justified?
Of course, there were allegations against them. And they were justified. It was necessary to introduce changes in their functioning. But not that way. The main problem was that the activities of these bodies were not recorded in the constitution of Ukraine. This had to be repaired, changes in their work through the procedure, discussion and communication. In some cases, they could be extended by their rights and limit others. This means that there are questions to the organs. They could be more effective. But when a man has a headache, he takes a tablet, and he doesn't cut his head. And this is not about specific people, but about institutions. And what happened yesterday is a blow to institutions, not in specific people.
Why did Ziłenski sign the act? “There are two reasons”
Why did Zięnski sign this act right now? It looks strange even in the context of the general situation.
There are two main reasons. First of all, Nabu and SAP approached the very close surroundings of the president. In particular, according to rumors, to Timur Mindich. He is a person with whom Zelanski created “Quartal 95” (artistic and cabaret group), and currently has great interests in the construction of fortifications, i.e. in budget projects.
The second is the general irritation of fighting with corruption, which you want to have control over. And so the decision was made: to conduct a blitzkrieg, put society and Europe before a fait accompli. Saying that the war will forgive everything, no one will give up the support of Ukraine because of Russian aggression. And indeed, the support will remain, but Europe has set a hook. And it will also affect us very much.
Can it become an obstacle to Ukraine to European integration?
Of course. The example of Georgia is very eloquent. They also thought that Europe would “swallow” everything. And now on September 1 they can lose a visa -free movement. Of course, we have not dismantled the institution, as with them, but the processes that have begun are very disturbing. Society is not stupid. It understands. And attempts to organize a meeting and pretend that everything is under control, they do not work very much.
Can this situation be still reversed?
Theoretically – yes. There are two ways. First – submit a parliamentary application to the Constitutional Tribunal to consider the act as unconstitutional. But it may take summer. The second – to adopt a new law, which will either open this or restore everything to its previous state. But it depends on the president's political will.
Destabilization of the country? Protests broke out in Ukraine
We are currently observing protests in various cities of Ukraine. How critical is this in war conditions? Does it not destabilize the country?
Of course, Russia will try to use it. But nothing will come out of it. People who went out into the streets are aware. This is not a Maidan, it is not an attempt to overthrow power. This is a signal: the social contract has been broken, we will not reconcile and we will remember it. There will be no attempts to destabilize. Russia will not be able to use it in its favor. But with this story, power undermines the support of society. In the future, this will cause many problems. And the possibility of going out to the streets to protest by conscious citizens means not to be Russia. In the president's office they did not expect such a reaction and are currently very nervous.
So you don't expect escalation of protests?
I do not expect large -scale protests. They will not be aimed at changing power. But regular peaceful actions are possible. And if they become systematic, then the president's office will be nervous. Because they themselves created this problem. And no one has the right to call protesters “pro -Russian”. It's nonsense. There were many respected people, even veterans. That is why the office will have to take this into account.
How does the West react now?
I think the United States is indifferent. For Trump, this is not a priority at all. Europe has already issued many statements and they are not positive for Ukraine. I think that even more sharp statements were spoken behind the scenes.
