Ukraine | Country report | Freedom in the World | 2017

Poroshenkos removal of Yatsenyuk has considerably strengthened the power of the president. Yanukovych in 2010 had overseen the restoration of the 1996 constitution, which featured a dominant presidency, but a 3860 vote by the parliament in 2014 reversed that move, reviving the 2004 charter. The latter, the product of a compromise during the Orange Revolution, had shifted power to the prime minister and cabinet and made them responsible to the parliament, though the president retained control over the foreign and defense ministers and the head of the security service. This division of power had led to infighting between the president and prime minister between 2004 and 2010, and similar rifts began to emerge in 2015. However, in April 2016, Poroshenko secured a dominant position by placing a close ally in the prime ministers office.

Aside from the conflict in the east, the main obstacle to effective governance in Ukraine is corruption, and the vast majority of citizens have been deeply disappointed with the governments slow progress in combating it since Yanukovychs departure in 2014. No major figures have been arrested, and the government has recovered almost none of the billions of dollars in assets that were allegedly looted under previous administrations.

Oligarchs continue to exert considerable influence over Ukrainian life through their control of some 70 percent of the economy, much of the media, and the financing of political parties. Poroshenko, a wealthy businessman who is counted among them, remains at the center of controversy. Former member of parliament Oleksandr Onishchenko, after fleeing abroad, accused him of offering bribes to lawmakers and extorting money from state companies. Odesa governor Mikheil Saakashvili resigned from his post in November 2016, claiming that the president and other high-level officials were taking advantage of the system for personal gain. Poroshenko has not honored campaign promises to sell most of his extensive assets, and his son Oleksiy Poroshenko is now a member of parliament and an increasingly powerful businessman, drawing comparisons to Yanukovych, whose sons also became power brokers.

Another key problem is pervasive corruption among Ukraines prosecutors and judges. Under intense pressure from his critics and civil society, Poroshenko in February initiated the removal of Prosecutor General Viktor Shokin, who was seen as blocking anticorruption reforms, and replaced him in May with loyalist Yuriy Lutsenko, who lacks legal training. Before his removal by the parliament in March, Shokin sacked his deputy, corruption fighter Davit Sakvarelidze; another reformist deputy prosecutor general, Vitaliy Kasko, had resigned earlier. Although the parliament adopted a lustration law in 2014, it has not been used against prosecutors and judges.

The National Anti-Corruption Bureau of Ukraine (NABU), set up to investigate corrupt officials, began operating in 2015, but critics warned that it would be ineffective without reforms in the prosecutors office and judiciary. It lacks sufficient personnel and powers, according to NABU head Artem Sytnyk, and faces institutional resistance to its work. In August 2016, for example, NABU officials conducting a criminal investigation into a department of the Prosecutor Generals Office were detained and allegedly beaten by members of the targeted unit. Poroshenkos administration is seen as supporting the prosecutors over NABU.

Nongovernmental organizations (NGOs) focused on combating corruption complained in June that they were not properly included in the process of choosing the new leaders of the National Agency for the Prevention of Corruption (NAZK), as required by law. Also during the year, one prominent anticorruption NGO was targeted by prosecutors with an intrusive criminal investigation in apparent retribution for its work.

Ukraine has made some progress in advancing transparency, requiring that banks publish the identity of their owners. Under pressure from the European Union (EU), the parliament in March 2016 passed a law obliging politicians and bureaucrats to file electronic declarations of their assets by October 31. The measure exposed large amounts of property and cash held by Ukrainian officials who had no obvious means of earning such wealth. While the disclosures received significant media attention and bolstered civil society anticorruption efforts, critics warned that the NAZK lacked the capacity to properly investigate the declarations, and few criminal cases had been reported by years end.

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Ukraine | Country report | Freedom in the World | 2017

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