In Ukraine, the conflict between the Constitutional Court (CCU) and the office of the country's president is deepening.

Speaking to journalists on October 30, the chairman of the court, Alexander Tupitsky, said that the head of state's entourage was going to deprive the body of autonomy, promoting a bill to terminate the powers of acting judges.

“The goal of all this is to create a neutral, obedient,“ push-button ”court.

They pressed the button - this is where it is, go, examine, rest - let go of the button.

Press the button - again.

With the "push-button system" it will be predicted what the court will consider and how to consider, "Tupitsky said.

On October 29, President of Ukraine Volodymyr Zelensky submitted to the Verkhovna Rada Bill 4288, according to which the powers of the current composition of the Constitutional Court of Ukraine are terminated.

At the same time, the current legislation of the republic provides that the decision on the early termination of the powers of judges can only be made by the members of the Constitutional Court, while at least two-thirds of the composition must approve such a step.

In his bill, Zelenskiy accused the current composition of the KSU of an attempt to "usurp power."

The document also proposes to recognize the decision of the Constitutional Court of October 27, 2020 as "null and void" (having no legal consequences).

This is a decree in which the authority abolished a number of powers of the National Agency for the Prevention of Corruption (NAPC), as well as criminal liability for inaccurate declaration of income of officials.

Tupitsky, in turn, believes that the presidential bill has signs of a constitutional coup.

At the same time, the presidential representative in the Constitutional Court, deputy Fyodor Venislavsky, explained in a commentary to the Interfax-Ukraine news agency that the initiative to change judges is being introduced by the head of state for the first time in the country's history and is of a forced nature.

He explained the radical steps on the part of Zelensky by the lack of legal mechanisms in Ukraine to end the "arbitrariness" of the CCU.

According to the deputy, the members of the court by the decision of October 27 made an "anti-constitutional coup."

"External control tool"

As Ukrainian political scientist Alexander Semchenko explained in an interview with RT, the resolution of the Constitutional Court of Ukraine on October 27 contradicts the requirements of Western partners, with whom Kiev had previously agreed.

According to the expert, in this conflict the instance became an obstacle on the way of "gross interference in the internal affairs of Ukraine."

“The powers of the NAPC, which were canceled by the Constitutional Court, now do not allow this body to perform the function of an instrument of external control over the Ukrainian elites.

Many were dissatisfied with this, but no one has the right to interfere with the autonomy of the KSU and give it instructions, ”says Semchenko.

  • President of Ukraine Volodymyr Zelensky

  • © Stephanie Lecocq / Pool via REUTERS

On October 28, Zelenskiy convened an urgent private meeting of the National Security and Defense Council (NSDC) "to determine measures for an urgent appropriate response of the state to new threats and challenges to national security and the country's defense."

As reported on the website of the presidential office, Zelensky regarded the actions of the KSU as "crushing blows to the country's achievements in the field of combating and effectively countering corruption."

From the point of view of the president, it is unacceptable to revise the principle of "zero tolerance" to corruption. 

Also, the West reacted negatively to the resolution of the Constitutional Court.

On October 29, the ambassadors of the G7 (G7) countries called the court's decision "efforts" to reverse anti-corruption reforms in Ukraine since 2014.

This is stated in the official Twitter account of the support group for the G7 ambassadors in Kiev, chaired by the United States.

pic.twitter.com/DktS37OqNr

- G7AmbReformUA (@ G7AmbReformUA) October 29, 2020

“The ambassadors of the G7 countries are alarmed by the efforts to reverse the anti-corruption reforms that have taken place since the revolution of dignity.

We support the Ukrainian people, who continue to struggle to fulfill their hopes for a prosperous and democratic Ukraine.

Such significant progress has been achieved, Ukraine should not return to the past, ”the statement says.

The threat of "visa-free"

The European Union also expressed concern about the decision of the Constitutional Court.

Ukrainian Ambassador to the EU Mykola Tochitskiy, in a letter addressed to the Vice Prime Minister for European and Euro-Atlantic Integration of Ukraine Olga Stefanishina, said that Brussels is considering the decision of the Constitutional Court as a basis for the temporary suspension of the visa-free regime. 

The letter also says that the decision of the Constitutional Court caused concern of the European External Action Service and the European Commission.

Excerpts from the text of the document were published by the Ukrainian edition "European Truth".

As specified, Brussels once again drew attention to the fact that the topic of combating corruption in Ukraine is a priority on the reform agenda.

Olga Stefanishina in her comments on her Facebook page stated that the Cabinet of Ministers of Ukraine will not allow the suspension of the visa-free regime with the European Union.

“There are forces inside the country that are interested in stopping the European and Euro-Atlantic integration of Ukraine and at the same time depriving Ukrainians of visa-free travel.

I assure them they will not succeed! "

- wrote Stefanishina.

According to her, the circumstances in which the decisions of the Constitutional Court were made "raise questions and outrage."

“This is another signal that the reform of the judicial branch of government, on which the work with the Venice Commission is ongoing, must be brought to its logical conclusion,” Stefanishina said.

  • Olga Stefanishina, Vice Prime Minister for European and Euro-Atlantic Integration of Ukraine

  • Facebook

  • © Olga Stefanishyna

She said that the government of the country will take measures "which will make it impossible to stop the reforms already begun, including those that are the basis for our European and Euro-Atlantic integration of Ukraine."

“I remind you that this course of Ukraine in the EU and NATO is final, irrevocable and enshrined in the Constitution of Ukraine,” Stefanishina wrote.

"Corruption will not decrease"

Commenting on the negative reaction of the G7 in a conversation with RT, Vladimir Shapovalov, deputy director of the Institute of History and Politics at Moscow State Pedagogical University, said that the ambassadors of the G7 countries are concerned about the lack of progress in Ukraine in the fight against corruption.

“In the West, it is customary to turn a blind eye to the corruption schemes that exist in Ukraine, but this situation with the Constitutional Court is too scandalous,” the expert explained.

According to a RT source at the EU Delegation in Ukraine, the EU realizes that the Ukrainian authorities "are ready to abandon the obligations that they have undertaken to electronically declare income."

“We understand very well that many high-ranking officials want to move away from the path of reforms, along which Ukraine is moving with difficulty.

Therefore, we closely follow every step of the official Kiev.

And the European Union can really suspend the visa-free regime in the event that access to electronic declarations is closed, ”says the interlocutor of RT.

In turn, Oleksandr Semchenko believes that Western countries, in particular EU members, are not at all concerned with the problem of corruption as a phenomenon that weakens the development potential of Ukraine. 

“The West worries about corruption as a tool with which they can control the threads of control over Ukrainian politicians.

At the same time, the level of law enforcement, investigative and prosecutorial bodies in Ukraine has fallen sharply over the past six years.

After constant reforms, the essence of which boils down to the implementation of negative selection, only the most inadequate employees survived.

They have a very rough idea of ​​the law, ”the analyst said.

Shapovalov believes that the Constitutional Court of Ukraine "disavowed the few changes" that Kiev managed to achieve following the recommendations of the West.

“This means that the result of the fight against corruption is zero, and there is no trace of the promised landings of corrupt officials.

Corruption defeated the Ukrainian government, and even imitation measures are not being taken to combat it, ”the expert noted.

As a RT source in the president's office recalled, the electronic declaration of officials' income was one of the conditions for granting Ukraine a visa-free regime.

“This is a good initiative, since inaccurate data in the declaration is a pretext for initiating a criminal case.

Ukrainian officials and deputies understand that they will soon have to answer for their violations, and are doing everything to cancel the declaration.

Zelenskiy understands that this is fraught with problems.

If the visa-free regime is suspended, hundreds of thousands of people will take to the streets.

Actually, the ability to travel to Europe without hindrance is one of the demands of the "Maidan".

Therefore, Zelensky will have to leave declarations, "the RT interlocutor commented on the situation.

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  • © NAZKgov

An RT source in the European Solidarity party stressed that in Ukraine, "presidents change, but corruption remains."

“Zelenskiy was another disappointment for Ukrainians, and this was well shown by the results of the local elections that took place last weekend.

Zelenskiy disappoints Western partners, who understand that the president's words do not yet coincide with his actions.

Therefore, the response from the United States and the European Union will be tough.

Cancellation of the visa-free regime - and a new "Maidan" will begin in Kiev.

It all depends on Zelensky's ability to quickly return to the path that he was charted in the West, ”said a representative of the European Solidarity.

As Shapovalov noted, "the corrupt political system that was characteristic of Ukraine in recent years, especially under Poroshenko, is now being reproduced in full."

“It is corruption that is the real power in Ukraine, and not the president, who has actually become a 'lame duck' that the system pushes out and suffers one defeat after another.

And the decision of the Constitutional Court is another proof of this.

After all, behind it, obviously, there is a big clan Ukrainian business that corrupts the Ukrainian state, ”the analyst said.

And in this situation, the Ukrainian authorities “instead of correcting law enforcement practice, they prefer to adopt laws that simply do not work,” Semchenko said.

The expert admitted that another anti-corruption bill may appear in the Verkhovna Rada, for which they will eventually vote.

“The President will sign it, it will become a part of the legal framework.

Nothing really will change

-

corruption will not decrease, but Zelensky will be able to tell again how he defeats corruption schemes, ”the analyst concluded.