Defending democracy: Ukraine's path to EU amid war and reforms

Accusations by former President Donald Trump that President Volodymyr Zelenskyy is a "dictator without elections" are unfounded. Ukraine remains committed to democracy, and its government has implemented numerous political and rule-of-law reforms, even while facing a full-scale invasion. 

However, the war has weakened oversight mechanisms, creating challenges in transparency, press freedom, and anti-corruption efforts. The government must take several key political steps to further strengthen democratic institutions, secure EU membership, and enhance resilience against Russian influence.

Ukraine's path to EU membership is accompanied by significant reform efforts amid the constant threat from Russia. According to leading democratic indices, Ukraine's ratings improved by 2024.  

The European Commission's 2024 report on Ukraine, published in October last year alongside its Enlargement Policy Communication, provides a comprehensive overview of the country's progress in meeting accession criteria. It acknowledges Ukraine's significant achievements but also highlights critical gaps in tackling corruption, ensuring democratic transparency, and safeguarding press freedom. The war and martial law have led to changes that weaken oversight mechanisms and increase corruption risks, affecting legislative and judicial independence. This, in turn, undermines democratic transparency and public trust in the government. Given the existential threat Ukraine faces, these challenges pose obstacles to EU accession. Addressing them is crucial for strengthening the country's democratic foundations and countering Russian influence.

The fact that Ukraine has managed to implement these reforms while fighting against Russian aggression is commendable. However, continuous efforts are needed to ensure their effectiveness amid ongoing challenges.

The European Commission’s report downplays the persistent presence of corruption. Corruption remains widespread and is used by various actors to exert significant influence over political and economic structures. This deeply entrenched issue affects the country’s commitment to the rule of law and the sustainability of judicial reforms. The arrest of the Chief Justice of the Supreme Court on corruption charges in 2023 demonstrated progress in tackling high-level corruption but also highlighted ongoing challenges within the judicial system.  

Despite recent reforms, corruption remains deeply rooted in the judiciary and legislative systems, casting doubt on efforts to enhance their impartiality and accountability. Reports of bribery, interference, and unethical influence persist, creating obstacles to judicial transparency. The European Commission’s 2024 report rightly states that more needs to be done to "combat systemic corruption in most relevant sectors and institutions." However, it primarily suggests improving Ukraine’s record on high-profile corruption cases rather than identifying measures to address the systemic nature of corruption—steps that would reduce citizens' vulnerability and empower them to reject corrupt practices.  

Since Russia’s full-scale invasion, media and civil society access to parliament has been strictly limited for security reasons. This restriction hampers independent oversight of parliamentary actions, raising concerns about accountability and transparency. In September 2022, parliament passed a resolution banning live broadcasts of its sessions during martial law. Since then, only the state-owned Rada TV channel has been permitted to broadcast plenary sessions with a delay of at least several hours. The government justifies this as a security measure, but in practice, it weakens real oversight of parliamentary processes. This restriction, combined with corruption risks, raises concerns about transparency and the potential for irreversible impacts on decision-making.  

In January, parliament overwhelmingly passed Law No. 11321, "On Strengthening Certain Guarantees for Media, Journalists, and Citizens Regarding Access to Information." This law provides for open parliamentary committee meetings for media and the public. However, as of the time of writing, the president has yet to sign it into law.  

Access restrictions may be justified by wartime security needs, but they also hinder the rule of law and erode public trust, while martial law complicates anti-corruption efforts. Striking a balance between legitimate security concerns and democratic oversight is crucial for Ukraine’s long-term democratic resilience. Despite the war and its numerous challenges, addressing these issues remains essential for building a democracy capable of withstanding both internal corruption and external threats.

Political reforms and rule of law  

The European Commission report acknowledges Ukraine's achievements in political reforms and the rule of law, highlighting key areas for improvement. It states that the country has made notable progress in implementing reforms aimed at strengthening the independence of the judiciary and limiting political interference in the judicial process. This is a significant step forward in meeting the EU membership criteria, as an impartial judiciary is the foundation of the rule of law. For example, the creation of the Public Integrity Council in 2023 allowed for greater civil society participation in assessing the integrity of judges. The report also praises Ukraine's initiatives in combating corruption and organized crime, noting recent developments in the anti-corruption infrastructure. Reforms in public administration and civil service are also seen as positive steps toward creating a transparent, meritocratic system that reduces the influence of corruption and nepotism. These changes are critical for building a reliable public administration that meets EU standards. The ability to carry out such reforms even under the pressure of war demonstrates Ukraine's commitment to democratic values.  

The fact that Ukraine has been able to implement these reforms while fighting Russian aggression is commendable, but ongoing efforts are necessary to ensure their effectiveness amidst continued challenges.  

The European Commission report downplays the ongoing presence of corruption. Corruption remains widespread and is used by various actors to achieve significant influence over political and economic structures. This deeply entrenched problem affects the country's commitment to the rule of law and the sustainability of judicial reforms. The arrest of the Chairman of the Supreme Court on corruption charges in 2023 demonstrated progress in the fight against high-level corruption, but it also pointed to continuing challenges within the judiciary. Despite recent reforms, corruption remains rooted in the judicial and legislative systems, raising doubts about efforts to improve their impartiality and accountability. Reports of bribery, interference, and unethical influence persist, creating barriers to judicial transparency. The 2024 European Commission report rightly states that more must be done to "overcome systemic corruption in most relevant sectors and institutions." However, it predominantly suggests improving Ukraine's track record on high-level corruption cases rather than identifying measures to combat the systemic nature of corruption, which would allow citizens to be less vulnerable and have greater power to reject corrupt practices.  

Since the full-scale Russian invasion, access to the media and civil society to the parliament has been strictly limited for security reasons. This limits independent oversight of parliamentary actions, raising concerns about accountability and transparency. In September 2022, parliament passed a resolution prohibiting live broadcasting of its sessions during martial law. Since then, only the state channel "Rada" has been allowed to broadcast plenary sessions with a delay of at least a few hours. The government justifies this by the need to ensure security, but the measure effectively undermines real-time oversight of parliamentary processes. This restriction, coupled with the risks of corruption, raises concerns about transparency and the potential for irreversible influence on decision-making.  

In January, parliament passed the law № 11321 "On Strengthening Certain Guarantees of Media, Journalists, and Civil Society's Access to Information" by a large majority. This law mandates the openness of parliamentary committee meetings to the media and the public. However, at the time of writing, the president has not yet signed the law.  

While access restrictions may be justified by wartime requirements, they also hinder the rule of law and undermine public trust, while martial law complicates anti-corruption efforts. Finding a balance between legitimate security concerns and democratic oversight is essential for Ukraine's long-term democratic resilience. Despite the war and its numerous challenges, addressing these issues is crucial for building a democracy capable of withstanding both internal corruption and external threats.

 Fundamental rights  

The European Commission’s report highlights progress in several areas of Ukraine’s efforts to uphold fundamental rights. The adoption of anti-discrimination policies and protections for vulnerable groups has been an important step toward alignment with European standards. Measures to promote gender equality and protect minority rights demonstrate the country’s commitment to inclusivity. The report also acknowledges Ukraine’s attempts to support media freedom and civil society.  

However, while these improvements align with EU values, corruption and restricted access to information pose obstacles to fundamental rights, particularly the right to information, which is crucial for public oversight. The report does not sufficiently address the difficulties journalists face, especially the severe restrictions on media freedom under martial law. Recently, pressure on journalists has included intimidation, harassment, and censorship. For example, in April 2024, investigative journalist Yevheniy Shulhat received a military draft notice, which was widely seen as retaliation for his reporting.  

Civil society organizations have also raised concerns about the government’s slow implementation of several European Court of Human Rights rulings related to violations of Article 10 of the European Convention on Human Rights, which protects freedom of expression. Meanwhile, Ukraine’s parliamentary human rights commissioner reported a significant rise in complaints regarding violations of the right to access public information—from 1,370 in 2022 to 3,957 in 2023.  

Draft Law No. 7033-D, "On Preventing the Disclosure of Certain Information in Court Decisions," proposes limiting access to the judicial register. This would hinder journalists and civil society from reporting on cases of public interest, particularly those related to national security and martial law. Critics argue that such measures could obstruct necessary public oversight and provide cover for judicial corruption, undermining trust in the judiciary’s independence and transparency. In a 2023 statement, multiple civil society organizations warned: "Restricting access to court decisions would set Ukraine’s democratic progress back by decades—to the level of Russia and Belarus—and pose a serious risk to the country’s EU integration process."

Similarly, there is criticism of Draft Law No. 8359, "On ensuring court hearings in cases where full technical recording is impossible due to wartime or emergency conditions." This law would allow selective recording of court proceedings, effectively granting judges the authority to decide when recordings are made. Critics argue that this could lead to the concealment of misconduct and enable corruption, particularly if high-profile cases are kept from public view.  

Reports from 2024 documenting surveillance, intimidation, and physical threats against journalists also indicate a worrying trend. Under martial law, authorities have the power to requisition or control assets, including media outlets deemed critical to the war effort. However, the lack of clear criteria for such actions has raised widespread concerns that these powers could be used arbitrarily or without sufficient oversight, potentially hindering investigative journalists who play a crucial role in exposing government misconduct.  

The fact that Ukraine continues to prioritize fundamental rights despite ongoing threats is both significant and essential for maintaining social cohesion. While security concerns may justify certain restrictions, preserving a free and independent press is vital for the country’s democratic resilience and ability to counter Russian disinformation.

Protecting journalists and ensuring thorough investigations of crimes against them is crucial for sustaining a press capable of holding power to account. Additionally, maintaining transparency in the judicial process is necessary for building public trust and ensuring accountability. Addressing these challenges, even in the extraordinary circumstances of war, is critical for creating a democracy capable of withstanding both internal and external threats.

The impact of corruption on Ukraine’s EU membership progress  

Corruption remains one of the most significant obstacles to Ukraine’s EU accession. While the European Commission’s report acknowledges anti-corruption reforms, it does not fully account for the structural challenges that hinder their effective implementation. Entrenched corruption obstructs Ukraine’s progress in meeting EU membership criteria related to political reforms, the rule of law, and fundamental rights. Its influence is particularly evident in the judicial system, public administration, and media.  

Despite reforms, corruption continues to undermine the integrity of public governance, creating an opaque system resistant to meritocracy. Nepotism, cronyism, and favoritism remain widespread, especially in sectors with limited oversight. Public perception of corruption in government erodes trust and weakens Ukraine’s ability to present itself as a credible EU candidate. The judiciary remains vulnerable to bribery and political interference, compromising its independence and the rule of law. Additionally, proposed legislation restricting judicial transparency may create new opportunities for corrupt practices, further undermining judicial integrity.  

The government has increased military spending, but procurement processes lack the necessary transparency. Emergency powers under martial law grant authorities flexibility in resource allocation, potentially leading to unchecked financial practices. In September 2024, Draft Law No. 11520 "On public procurement" passed its first reading in parliament. It aims to improve procurement regulations in line with EU standards. However, the text outlines new procedures only in broad terms, raising concerns about their implementation. The Cabinet of Ministers will also be granted extensive authority to determine what should be procured under the new procedures, sparking serious concerns about excessive government interference in procurement decisions.  

Another controversial bill, Draft Law No. 12089 "On strengthening the protection of the rights of bona fide buyers," which carries significant corruption risks, is being prepared for its second reading in parliament. Reports suggest that unscrupulous real estate developers are lobbying for this law, which appears to serve the corrupt interests of big business.  

The civic initiative Holka uncovered evidence of a large-scale Telegram campaign before the bill’s first reading, seemingly aimed at persuading MPs to support it. The influence of this campaign extended beyond social media. Several national media outlets were also involved, raising suspicions that their editorial stance may have been compromised by owners linked to the real estate sector. Additionally, the Anti-Corruption Action Center, a civil society organization that highlighted corruption risks in the bill, faced targeted discreditation campaigns on Telegram.  

Without strict oversight, corruption risks will escalate, potentially diverting resources away from those who need them most and undermining democratic accountability. While security concerns necessitate some flexibility, ensuring transparency in spending and resource allocation is crucial for the effective use of critical assets, such as Ukraine’s defense funding.

Implications for EU membership  

Ukraine’s ongoing struggle with corruption, along with limitations on parliamentary and judicial transparency, which are further complicated by the war, creates a formidable barrier to its EU membership. Addressing these challenges is critical not only for Ukraine’s progress toward EU membership but also for strengthening its democratic resilience against external threats. Corruption and the lack of transparency damage public trust, which is a cornerstone of democratic governance. Without access to reliable information, citizens cannot hold their government accountable, which is necessary for meeting EU membership criteria.  

EU standards on the rule of law require an impartial and corruption-free judiciary. Judicial transparency and independence are central to this, but the current corruption in Ukraine’s courts, exacerbated by restrictive legislative proposals, challenges these principles.  

Independent media play a key role in exposing corruption, but pressure on journalists and the shrinking freedom of the press hinder democratic oversight. Without a free press, the public lacks an essential tool for investigating and reporting on abuses of power, which impedes progress in the democratic dimension that is fundamental to EU membership.  

Martial law complicates efforts to combat corruption. Emergency powers and reduced transparency in government spending open the door for corruption, threatening financial mismanagement and reducing accountability.  

Even during wartime and under martial law, the fight against corruption, maintaining transparency, building a judiciary capable of upholding the rule of law, and protecting press freedom are essential to building a democracy that meets EU membership criteria. Security is a legitimate priority, but it must be balanced with the integrity and transparency of institutions to prevent long-term damage to Ukraine’s democratic structures. Moreover, finding this balance is also critical for the country’s ability to defend itself effectively.

Recommendations  

To address these issues and improve Ukraine's prospects for European integration, while recognizing the extraordinary challenges posed by the war, the following recommendations are proposed:

1. Strengthen Anti-Corruption mechanisms  

Ukraine should enhance its anti-corruption agencies by ensuring their independence, proper funding, and freedom from political interference. Greater transparency in public procurement processes, especially under martial law, is essential to reduce opportunities for corruption. Measures should be taken to address the systemic nature of corruption, such as eliminating the underlying factors that contribute to fiscal, managerial, or institutional dysfunction.

2. Increase judicial transparency and independence  

Ukraine should review and reconsider laws that limit judicial transparency. A strong, transparent judicial system is crucial for public trust. Additionally, priority should be given to measures that reduce political influence and corruption in the judiciary.

3. Strengthen protection for journalists and press freedom 

 Journalists play an essential role in exposing corruption; protecting them from intimidation and prosecution should be a priority. There should be prompt and comprehensive investigations into crimes against journalists, with serious consequences for those found guilty of such actions. A free press is vital not only for democratic oversight but also for countering Russian disinformation campaigns.

4. Enhance legislative transparency  

Ukraine should consider implementing a mixed model of parliamentary access that balances security concerns with the importance of public access to legislative processes, possibly through live broadcasting. This will foster public engagement and transparency without compromising security.

5. EU Monitoring and support for Anti-Corruption reforms 

Strengthening cooperation between the EU and Ukraine on anti-corruption measures, including those addressing systemic corruption, will help ensure effective implementation and support for reforms. The EU should provide additional resources, expertise, and monitoring to assist Ukraine in achieving its anti-corruption goals, especially given the unique challenges posed by the war.

6. Create platforms for civil society dialogue

Establishing formalized platforms for dialogue between government officials, civil society, and journalists will promote transparency and trust. This will help balance security needs with democratic values, ensuring open discussions of proposed legislative changes and their potential impact. Supporting civil society engagement, even during the war, is vital for democratic resilience.

7. Reaffirm Commitment to Transparent Governance  

 Ukraine's leadership must clearly reaffirm the temporary nature of transparency and media access restrictions under martial law, with set timelines and criteria for lifting them once martial law ends. This will ease citizens' concerns about a potential democratic rollback and demonstrate Ukraine’s commitment to democratic values, even during the defense against Russia’s invasion.

Conclusion  

Ukraine's fight against corruption and efforts to balance security with democratic integrity under the conditions of war and martial law present significant challenges to its aspirations for EU membership. These challenges are compounded by the ongoing threat of Russian invasion, and addressing them is crucial for advancing towards future membership.  

While the latest European Commission report acknowledges Ukraine's achievements, it also highlights persistent issues that must be addressed to meet the accession criteria related to political reforms, the rule of law, transparency, and fundamental rights. Corruption, combined with restrictions on press freedom and judicial transparency, creates barriers not only to the country's EU membership but also to the development of a resilient democracy. Commitment to eliminating corruption, safeguarding judicial independence, and preserving media freedom—even during wartime—is vital for building a democracy capable of withstanding both internal and external threats. The road ahead is difficult, but Ukraine's commitment to democratic values, even in the face of war, demonstrates its determination and rightful place as a future EU member state.

Source  

About the author: Iryna Fedoriv, journalist and lecturer, leader of the civic initiative "Holka"; Gisèle Bosse, professor and head of the EU Democracy Support Department abroad, as well as the Jean Monnet Department of EU International Relations at Maastricht University.  

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