Document #2029666
Freedom House (Author)
Democracy Percentage | 39.88 100 |
Democracy Score | 3.39 7 |
By Yulia Yesmukhanova
In 2019, Ukraine went through its first peaceful transition of power since the events of Euromaidan, holding open and democratic presidential and parliamentary elections. Continuing the course of the previous administration, Ukraine’s new government adopted a pro-European and proreform orientation with a renewed focus on anticorruption, economic development, and peacebuilding in the occupied and separatist-controlled eastern Donbas region.
The 2019 presidential election campaign was marked not by issue-based debates but, rather, by showmanship. In the second-round runoff, the two candidates resorted to communication via social-media clips, challenged each other to drug testing, and debated at Ukraine’s largest stadium.1 Inspired by a vote share of 73 percent in the second round, newly elected President Volodymyr Zelenskiy at his inauguration announced the dismissal of the parliament, a prelude to his subsequent relaunch of many of Ukraine’s government institutions. For the first time since Ukraine’s independence, the new parliament—composed of more than three-quarters newly elected members—will be led by the single-party majority of Zelenskiy’s Servant of the People party.2 The cabinet is similarly made up of leaders who are mostly new to the public sector, with an average age of 39 and the youngest minister only 28 years old.3 Some previous ministries were reorganized, or renamed, and the new Ministry of Digital Transformation was created.
In addition to the newly constituted parliament and cabinet, the government decided to revive other important institutions, including the Central Election Commission (CEC), Supreme Court, and National Agency for Prevention of Corruption (NAPC). While there were concerns regarding the NAPC’s work and a demand for reestablishing the institution,4 the elimination of other Ukrainian institutions was viewed as a political move. A majority of members dismissed from the CEC had served on the commission less than a year, and their performance had been assessed positively by election observers,5 suggesting a political motivation for their removal.6 The Supreme Court’s revitalization was also criticized by international observers.7 Additionally, the Public Integrity Council (PIC) expressed concerns regarding the court’s initial selection between November 2016 and May 2019.8
Encouraged by the wins in the presidential and parliamentary elections, the president’s team considered early elections at the local level, as well.9 However, early elections would have required a constitutional amendment spelling out the terms on which local councils and mayors may be dismissed.10 Considering these limitations, the government has postponed local elections until the mandatory amalgamation of communities is completed.11 To finish this process, comprehensive constitutional changes will have to account for a new administrative-territorial structure for Ukraine.12
With a single-party majority in place, the parliament sped up the legislative process, often eschewing debate and ignoring the opinions or input of other parties13 in favor of predetermined outcomes set forth by the ruling party.14 Hundreds of critical decisions were made in roughly the first 45 days of the new sitting government, with an average pace of 38 new draft laws per day.15 Observers concluded that 76 percent of the decisions made by the parliament in the first quarter had one or more procedural violations.16
On December 27, President Zelenskiy signed into law the new election code, a reform that had been widely sought since the 2014 revolution.17 The code introduced a number of structural changes to Ukraine’s electoral process, including a proportional representation system for parliamentary elections, combining open and closed party lists, as well as a system for local elections determined by the size of the municipality. Notably, the code also allows internally displaced persons (IDPs) and economic migrants to register a permanent electoral address and sets a 40-percent quota for women candidates in party lists.
With the election of a new parliament and demand for fresh faces in politics, many civil society activists used the opening of the country’s political space to join parties running for seats. For example, the parliament’s anticorruption committee includes four former activists as members as well as the head of the committee.18 Working towards Zelenskiy’s campaign commitment to fight corruption in Ukraine, the new parliament aimed its sights at this endemic problem by revitalizing the NAPC, renewing penalties on illicit enrichment, and promoting whistleblower protections.19
Ukrainian civil society continued to exercise relative freedom. However, independent monitors registered 68 attacks on civic activists in 2019, noting little effort to properly investigate these cases.20 Progress in the investigation of the death of Kateryna Handzyuk, an anticorruption activist killed in 2018, was made at the end of the year with a new special commission formed in the Verkhovna Rada in December.
Despite the dearth of explicit decentralization policies in his election campaign, President Zelenskiy and his party signaled their commitment to reforming local government institutions. The president outlined his priorities, including a revamped administrative-territorial structure, proper financing of municipal responsibilities, and increasing access to public services.21 Yet the president’s attempts to introduce draft constitutional amendments were heavily criticized for a lack of consultation with relevant stakeholders.
The High Anti-Corruption Court (HAC) was launched in September to process cases investigated by the National Anti-Corruption Bureau (NABU). With the HAC in place, Ukraine has finalized its institutional setup to process criminal investigations of high-level corruption, and the first notorious cases are now being reviewed by the court.
Ukrainians have high expectations for the coming year. They expect progress in peacebuilding negotiations in Donbas, progress in anticorruption and judicial reform, finalization of the decentralization framework, and, most importantly, progress in the country’s economic development. While peace talks with Russia continue, there is growing concern that Ukraine is losing its positions in this process.22 Economic stability will also depend on further cooperation with the International Monetary Fund (IMF). To continue this cooperation, the Ukrainian parliament will have to vote for unpopular land reform that might undermine public trust in the ruling party.
Considers the democratic character of the governmental system; and the independence, effectiveness, and accountability of the legislative and executive branches. | 2.50 7.00 |
Examines national executive and legislative elections, the electoral framework, the functioning of multiparty systems, and popular participation in the political process. | 4.50 7.00 |
Assesses the organizational capacity and financial sustainability of the civic sector; the legal and political environment in which it operates; the functioning of trade unions; interest group participation in the policy process; and the threat posed by antidemocratic extremist groups. | 5.00 7.00 |
Examines the current state of press freedom, including libel laws, harassment of journalists, and editorial independence; the operation of a financially viable and independent private press; and the functioning of the public media. | 3.75 7.00 |
Considers the decentralization of power; the responsibilities, election, and capacity of local governmental bodies; and the transparency and accountability of local authorities. | 3.25 7.00 |
Assesses constitutional and human rights protections, judicial independence, the status of ethnic minority rights, guarantees of equality before the law, treatment of suspects and prisoners, and compliance with judicial decisions. | 2.50 7.00 |
Looks at public perceptions of corruption, the business interests of top policymakers, laws on financial disclosure and conflict of interest, and the efficacy of anticorruption initiatives. | 2.25 7.00 |
Author: Yulia Yesmukhanova has over 17 years’ experience working on democracy and governance international technical assistance projects in Ukraine, focusing on supporting civil society, local governments, and capacity development, with particular attention to anticorruption and decentralization reforms. She holds an MA in Public Policy and Management from University of York. She has co-authored numerous policy research publications, including the Economic Connectivity in Ukraine survey “Ukraine's Slow Struggle for Decentralization.”
The ratings reflect the consensus of Freedom House, its academic advisers, and the author(s) of this report. The opinions expressed in this report are those of the author(s). The ratings are based on a scale of 1 to 7, with 7 representing the highest level of democratic progress and 1 the lowest. The Democracy Score is an average of ratings for the categories tracked in a given year. The Democracy Percentage, introduced in 2020, is a translation of the Democracy Score to the 0–100 scale, where 0 equals least democratic and 100 equals most democratic.
https://gordonua.com/ukr/publications/-hto-takij-jaroslav-dubnevich-i-z…,