Story of NABU is same old Ukrainian mistake

There aren’t many successful, steadily developing democracies. But all of them share three common traits:

• First: elites write laws for themselves, and apply them to everyone else. In short, no exceptions.
• Second: institutions don’t fall apart when their leaders change. Political parties and civil organizations aren’t built around one person.
• Third and most crucial: elites share control over the use of force. Law enforcement must not be controlled by a single person. This principle protects the checks and balances system.

We recently saw how this works in a democracy, with South Korean President Yoon Suk Yeol. Under slogans of “protection from anti-state forces,” he tried to impose martial law, concentrate power over the army and security forces, and sideline parliament.

The result was the impeachment and accusation of the ex-president of treason. And for South Korea, this is no coincidence. Since 1987, nine South Korean presidents have faced prosecution for corruption or abuse of power. Only two avoided conviction. Court sentences were handed not just to former presidents, but to their inner circles – ministers, advisers, loyal business leaders, even family.

This is how the judicial system and the rule of law work when political elites adhere to the principles of uniform rules for everyone and collective control over the instruments of power. Then even the status of the head of state does not exempt you from responsibility before the law.

The payoff is the dream of any Ukrainian president. A $1.8 trillion economy, $34,000 GDP per capita, and a spot in the global top 3 for R&D investment, over 4.5% of GDP.

Now back to Ukraine... Nothing has united Servant of the People, Opposition Platform – For Life, and the Yulia Tymoshenko Bloc so quickly and so effortlessly as the clear understanding of a shared threat: NABU and SAPO.

We may not like NABU and SAPO’s productivity, their investigation methods, or hiring choices. But stripping them of independence won’t fix those issues.

When one person controls anti-corruption or other law enforcement agencies, those agencies end up working for that person. And then it is no longer about European values, but about the new Ukrainian price.

Source

About the author. Lana Zerkal, Ukrainian diplomat, former Deputy Minister of Foreign Affairs of Ukraine for European Integration

The editorial team does not always share the opinions expressed by the blog authors.