After Volodymyr Zelenskyy’s inauguration as the president of Ukraine, some officials from the era of exiled ex-president Yanukovych era came back to Ukraine or dared to apply as candidates for people’s deputies even though they had been living in Russia since 2014. This pro-Russian revanche provoked strong resistance from both politicians and civil activists. On 2 June, protesters successfully rallied against the registration of two candidates as people’s deputies who had been openly against the Euromaidan and fled to Russia. One more rally was staged on 4 June to prevent the possible cancellation of the law on lustration by the Constitutional Court of Ukraine. The pro-Russian reversal has not been that successful and powerful so far, but who is responsible for it and what is the role of new president Volodymyr Zelenskyy?
Firm joint efforts required from civil society and politicians to prevent banned Yanukovych loyalists from returning to Parliament
In fact, what is called Russian revenge has not yet happened but is close to the threshold. Several people from the Yanukovych era have already returned to Ukraine and most of them have been banned from any access to politics. However, the law and sentences that restrain such potential revenge are now being questioned in courts, particularly by the Opposition Platform - For Life party.Intensive joint efforts were required by the Ministry of Internal Affairs, General Prosecutor’s Office, Security Service of Ukraine and civil activists in order to simply comply with contemporary law and prevent the comeback of politicians from Viktor Yanukovych's times to parliamentary elections this month.
- Andriy Kliuiev accompanied Yanukovych in 2014 in his flight from Kyiv;
- From 18 June 2014, he is wanted in Ukraine in the case of the beating of students during the Euromaidan Revolution. The Pechersk Court granted permission to detain him in this case;
- From 15 January 2015, Kliuiev is wanted in yet another case on laundering 170 million UAH (US$ 6 million) of state budget money. The court granted permission to detain him in this case as well;
- In December 2016, Kliuiev participated in the hearing at the Dorogomylivsky Court in Moscow, where he provided testimony to recognize the events of February 2014 in Ukraine a coup d'etat.
What was important after the rally was the decision of Ivan Bakanov, de-facto acting head of the Security Service of Ukraine appointed by Zelenkyy. He convened an urgent meeting of the Security Service on the request of Andriy Parubiy, head of the Ukrainian parliament. Finally, in addition to letters submitted by the Ministry of Internal Affairs and General Prosecutor’s office, the Security Service submitted its own report to the Election Committee with additional facts proving that Shariy and Kliuiev have not been living in Ukraine during the last five years.
Only as a result of these joint efforts did the Central Election Committee finally cancel the registration of Kliuiev and Shariy.
Andriy Portnov attacks through courts
Andriy Portnov, deputy head of ousted president Yanukovych’s administration, is the best known amongst the Yanukovych clique who returned to Ukraine from exile after the Zelenskyy victory. There was only one criminal case against Portnov, which was closed in 2016, enabling him to come back as a free man. At the same time, his opportunities are quite limited. Ha cannot be elected to parliament because he has not resided in Ukraine for the last five years. Also, he cannot be appointed to any political or state service office as he is subject to the law on lustration. Therefore, a possibility for him was to reenter Kyiv National University where he used to teach law, being a professional lawyer. However, as soon as the rector of the Kyiv National University decided to appoint Portnov, student protests started. The students succeeded in their demands and the rector did not appoint Portnov to office. Therefore, even this possibility was closed for him.
"I believe and hope that by the end of the year Poroshenko will be in jail," said Portnov.At the same time, Serhiy Sternenko, a civil activist from the Right Sector and the “Not Indifferent” NGO confirmed that he has filed a lawsuit against Portnov in response. According to Sternenko, Portnov organized a large-scale information campaign against him. Also, Sternenko claims that Portnov has defended those who committed a series of assassinations against civil activists.
The last barrier separating ex-officials of Yanukovych from politics – the law on lustration – is challenged in the Constitutional Court by the Opposition Bloc party
It would not be so bad if the possibilities of Yanukovych’s bedfellows were limited to some lawsuits. However, they are trying to open the only lock that closes the gates to politics for them. This lock is the law on lustration that prohibits any access to politics for 921 officials who served in top office during Victor Yanukovych’s presidency.
Why it all happens now and who is responsible
Why has the Constitutional Court not decided on lustration during the last four years but is more likely to now? Why have Portnov and other ex-officials of Yanukovych come back only now, although there were no legal obstacles to come back earlier? The turbulent period of elections is itself attractive for politicians of the past to try their chances to gain some influence. However, the most problematic issue is the absence of any clear strategy and policy from Zelenskyy. This creates a kind of political vacuum that can be filled practically by anything, including claims by Portnov. The problem of the new government’s absence of strategy was clearly emphasized during an interview by Foreign Minister Pavlo Klimkin. It is not only about the foreign policy, but about the domestic policy that the president has yet to present his road map except for a general orientation towards EU, NATO, and digitalization. Most of all, a loss of informal control over politics is evident, which had been established by Poroshenko with all benefits and problems resulting from it.“Zelenskyy never called for a month and a half. I called the president’s administration myself, I wanted to talk, talk a couple of minutes, give some tips for meeting with Macron and Merkel, but it did not happen,” Pavlo Klimkin, Foreign MinisterAnother problem is that Zelenskyy himself appointed several quite pro-Russian heads of Oblast state administrations. Moreover, he appointed Andriy Bohdan as the head of his office contrary to the law on lustration to which Bohdan is subjected. Such an infringement against the law has not yet been appealed against in court and demonstrated new standards more tolerant to the politicians of the pre-Maidan era.
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