Ukraine
DEMOCRACY-PERCENTAGE Democracy Percentage | 39.29 100 |
DEMOCRACY-SCORE Democracy Score | 3.36 7 |

- Independent Media rating declined from 3.75 to 3.50 due to the imposition of sanctions on several domestic journalists and outlets on national security grounds, leading to three TV channels being taken off the air.
- Local Democratic Governance rating improved from 3.25 to 3.50 due to the success of administrative-territorial decentralization reforms, which have made local self-government units more trusted, transparent, and inclusive.
As a result, Ukraine’s Democracy Score remained the same at 3.36.
Ukraine, which marked its thirtieth anniversary of independence in 2021, cannot be described as a stable, consolidated democracy. But the country demonstrates dynamism in making active moves backward and forward in its democratic development. Even during the year, there were both achievements and pitfalls in Ukraine’s core areas of democratic transit. For example, the adoption of laws and strategies respecting civil society, ethnic minorities, and human rights was accompanied by the imposition of sanctions on a record number of Ukrainian citizens, businesses, and media. Such unusual measures were initiated by the National Security and Defense Council (NSDC), which, in performing its consultative and coordination functions, gained more influence over interior affairs in 2021.
In September, a new law on countering oligarchs was hastily passed by the Verkhovna Rada, Ukraine’s unicameral parliament. Meanwhile, the opposition and civil society experts were critical of initiatives empowering the president and the NSDC in procedures for identifying said oligarchs. In response to his apparent wariness of the legislation, Rada Chairmen Dmytro Razumkov, who had previously opposed some sanctions as an NSDC member, thus putting his role as parliamentary speaker before party affiliation, was formally removed from his leadership role by the ruling Servant of the People majority in October.1
Razmukov’s removal was a stark example of concerning trends in Ukrainian national governance: first, the desire of President Volodymyr Zelenskyy to control the parliament and have a loyal speaker willing to turn on the legislative “turbo-mode” if needed, as in 2019; second, the perception of opposition and critical voices within the president’s own team as potentially harmful and not above punishment for disloyalty. These trends could be seen in the government’s reshuffling of 10 ministerial positions during the year.2 Similar personnel policy was applied to regions, where the highest officials—heads of regional state administrations—could be easily dismissed by the president for lack of loyalty or for poor results from Servant of the People candidates in the 2020 local elections. Impacted by the pandemic lockdowns and the decline of public support in regions, 14 heads among the 25 regional administrations were removed since the previous local elections, while 7 more were appointed in 2021.3
Zelenskyy’s fight with oligarchs, which began in February with sanctions and the May arrest of People’s Deputy Viktor Medvedchuk, continued in the form of a public confrontation with Rinat Akhmetov, the wealthiest person in Ukraine. In the fall, Akhmetov-owned media outlets were critical of the ruling party, and on November 26, the president alleged Akhmetov’s participation in plotting a December coup d’état that failed to materialize. The prosecutor general announced plans to launch numerous investigations, including against former president Poroshenko, who was accused in late December of treason and financing terrorism.4
“Deoligarchization” efforts led to changes in Ukraine’s media landscape: outlets affiliated with Medvedchuk were sanctioned, and Poroshenko and Ihor Kolomoisky formally transferred ownership of their TV channels; meanwhile, the public broadcasters disclosed instances of government pressure and attempts at reorganization, and owners of private media like Bukvy and Kyiv Post fired entire editorial offices. However, the journalistic community remained committed to providing critical yet accurate reporting on domestic events.
The Pandora Papers—revelatory files obtained by the International Consortium of Investigative Journalists (ICIJ) and published in early October—claimed that President Zelenskyy and his partners, including the president’s adviser Serhiy Shefir and Security Service leader Ivan Bakanov, had established a network of offshore companies in 2012. After publishing the leaks, the National Agency for Prevention of Corruption (NAPC) began examining financial declarations by Zelenskyy and Bakanov, and NAPC Chairman Oleksandr Novikov stated that the agency would take into account the information published in the Pandora Papers.5 Zelenskyy claimed that there was nothing new to be found out from the Pandora Papers as reported by the Ukrainian investigative journalists of Slidstvo.info, and he denied that companies had been used for money laundering. Yet it was hard for the president to deny the uncomfortable fact that former owners of his off-shored companies had received high-level posts in his administration.6 Dismissing the “Offshore 95” investigation, Zelenskyy commented, “To be honest, the story is not good enough.”7
Another scandal, “Wagnergate,” brought to light in mid-November by Bellingcat investigative journalists, involved special operations of the Main Intelligence Directorate and the delivery of dozens of mercenaries from the paramilitary group Wagner PMC into the country.8 Featuring accusations of misusing state residence and emergency-service helicopters for private purposes,9 these investigations negatively affected the positive image of Zelenskyy10 and his administrative chief Andriy Yermak, and led to mass protests demanding their resignations in early December.11 While support for Zelenskyy and his Servant of the People party had significantly declined since the triumphal elections of 2019—by 17 and 11 percent, respectively, as of December 2012 —their popularity nevertheless remained the highest among Ukraine’s political forces.
Decentralization, which showed positive results in 2021, still needs to be completed through the decomposition of authorities on regional and sub-regional levels. In March, new draft constitutional amendments on local state administrations were approved in the parliament, and then numerous public consultations and regional discussions were held with the broad involvement of stakeholders, the expert community, and local activists. Similar broad consultations were held to discuss laws on national or local referendums, youth policy, and transitional justice, as well as the creation of a strategy to promote civil society development and action plans for human rights and Roma minorities, with the wide-ranging engagement of think tanks and activists. This legal framework, newly adopted or significantly revised in 2021, promises to empower civil society with public funds and instruments of direct and deliberative democracy.
Economic decline and healthcare issues related to the COVID-19 pandemic forced the digitalization of public services and e-democracy development at the central and local levels. In July, marketing of agricultural land through the e-auctions platform ProZorro, thereby delivering services to decentralized communities, was a long-awaited step. The tax amnesty begun in September, however, was a much disputed move that may legalize as much as $20 billion in shadow capital and raise an additional $1 billion.13 Critics argue that such measures could negatively affect established anticorruption policies, foster money laundering, and discourage law-abiding taxpayers. Economic fallout from the pandemic hastened Ukraine’s need for supplementary IMF loans and dependence on foreign macro-financial assistance,14 which were granted on the grounds of intensifying reforms, specifically in the areas of justice and anticorruption. As a result, the Rada backed legislation to relaunch changes in the judiciary that would engage foreign professionals in selecting members to Ukraine’s judicial self-governance bodies. In the fall, this process of cleansing was sabotaged by the Council of Judges and the Supreme and Constitutional Courts, which led to the increasing standoff between the executive and judicial branches. On November 2, the Ethics Council of the High Council of Justice was finally established after months of stalled nominations. The Ethics Council will consist of three international experts and three Ukrainian judges, and represents an important step in the Judicial Reform Strategy approved by Zelenskyy in June; it is also required by the Law on the Reform of the High Council of Justice passed by the parliament in July.
In 2021, Ukraine still suffered from the ongoing violent conflict in its eastern regions and threats of Russian aggression, which claimed 315 to 5.916 percent of GDP in military expenditures according to different assessments. The consequences of the conflict—reflected in more than 1.4 million internally displaced persons (IDPs)17 and 400,000 veterans18 —are a tremendous burden on the country’s humanitarian and socioeconomic policies. Meanwhile, progress was made during the year towards a strategic vision for the reintegration of Crimea; economic development of Donbas, which has suffered from the conflict; and drafting the transitional justice and legal status of Crimean nationalities. The launch of the “Crimean Platform” diplomatic initiative with an inaugural summit in Kyiv on August 23 gathered representatives of 47 countries and organizations, providing a positive message of international support for Ukrainian territorial integrity.
The European Union (EU)–Ukrainian Summit, held on October 12, confirmed progress in the normative harmonization and growing mutual economic ties of the Deep and Comprehensive Free Trade Area (DCFTA) and the positive effect of decentralization. The Treaty on Open Skies for civic aviation was signed to unite Ukrainian and European airspace, and the EU’s Horizon Europe and Creative Europe programs were prolonged for Ukraine for another cycle. While support for EU and NATO integration remains high in Ukrainian society,19 it decreased somewhat during the year despite mounting threats of a military invasion by Russia in late December.20 The current government is committed to the geopolitical orientation set in 2014, while also attempting to apply these aspirations in practical terms, on the ground, through financial and military assistance from allies, participation in the Digital Single Market and joint programs funded by the EU, export expansion, and diplomatic support.
Ukrainians face many challenges, but they continue to demonstrate enthusiasm for civic engagement and their commitment to a democratic future: in a 2021 poll, 76 percent admitted that it is important to them that Ukraine become a fully functioning democracy, with equal justice for all and human rights protection. That sentiment is high in every region of the country and has been stable over time,21 which shows that the democratic transition of Ukraine may be debated in the particulars but not as a general ambition.
- 1Oleksiy Sorokin. Razumkov will likely be ousted for his disputes with Zelensky. The Kyiv Post. (September 30, 2021). URL: https://www.kyivpost.com/ukraine-politics/razumkov-will-likely-be-ouste…
- 2Volodymyr Petrov Useless officials. The Kyiv Post. (November 5, 2021). URL: https://www.kyivpost.com/article/opinion/editorial/editorial-useless-of…
- 3Де і чому облради воюють з головами ОДА Зеленського?. [Where and why are regional councils at war with the heads of the Zelensky Regional State Administrations?]. Chesno. (May 29, 2021). URL: https://www.chesno.org/post/4750/
- 4Ukraine ex-leader Petro Poroshenko accused of 'treason'. Deutsche Welle. (December 20, 2021). URL: https://www.dw.com/en/ukraine-ex-leader-petro-poroshenko-accused-of-tre…
- 5Pandora Papers: Leaks prompt investigations in some countries — and denial in others. The Washington Post. (09.10.2021). URL: https://www.washingtonpost.com/world/2021/10/09/russia-ukraine-jordan-l…
- 6As of the end of October 61.7% of Ukrainians know about the international Pandora Papers investigation, although 47.9% say they have only heard something but do not know the details. Herewith, for 77.1% of respondents it is unacceptable that the highest officials in the state and leading politicians have offshore accounts abroad. Furthermore, see: Socio-Political Moods of the Population of Ukraine: The Election of the President of Ukraine and Current Political Events Based on the Results of a Telephone Survey Conducted on October 15-18, 2021. Kyiv International Institute of Sociology. (November 2, 2021). URL: https://www.kiis.com.ua/?lang=eng&cat=reports&id=1063&page=1)
- 7Zelensky Commented on "Offshore 95" Investigation. Institute of mass Information (18.10.2021). URL: https://imi.org.ua/en/news/zelensky-commented-on-offshore-95-investigat…
- 8Inside Wagnergate: Ukraine’s Brazen Sting Operation to Snare Russian Mercenaries. Bellingcat. (November 17, 2021). URL: https://www.bellingcat.com/news/uk-and-europe/2021/11/17/inside-wagnerg…
- 9President Zelensky and his top aide sneak out of Kyiv on state helicopter for birthday bash in Carpathians – media reports. Bukvy. (November 25, 2021). URL: https://bykvu.com/eng/bukvy/president-zelensky-and-his-top-aide-travel-…
- 1065.7% of Ukrainians know about failure of special operation of Ukrainian special services to detain Wagner private army militants as of the end of November. Among the respondents who heard at least something, most respondents (37.4%) impose responsibility for the transfer (drain) of information from the top political leadership of Ukraine. Another 20.3% believe that this was due to lack of professionalism and mistakes of the top political leadership of Ukraine. (Socio-Political Moods of the Population of Ukraine: Results of Survey Conducted on November 26-29, 2021. Kyiv International Institute of Sociology. (December 1, 2021). URL: https://www.kiis.com.ua/?lang=eng&cat=reports&id=1074&page=1).
- 11Thousands in Kyiv demand resignation of Zelenskyy and his office’s chief. Euromaidan Press (December 2, 2021). URL: http://euromaidanpress.com/2021/12/02/thousands-in-kyiv-demand-resignat…
- 12Socio-Political Moods of the Population of Ukraine: The Results of a Survey Conducted on December 9-17, 2021 by the Method of Personal (“Face-To-Face”) Interviews. Kyiv Institute of Sociology. (December 20, 2021). URL: https://www.kiis.com.ua/?lang=eng&cat=reports&id=1080&page=1
- 13Andrew Wilson.Faltering fightback: Zelensky’s piecemeal campaign against Ukraine’s oligarchs Policy Brief (6 July 202). URL: https://ecfr.eu/publication/faltering-fightback-zelenskys-piecemeal-cam…
- 14The EUR has mobilized 190 million support package and 1.2 billion macro-financial assistance programme for Ukraine to tackle the COVID-19 pandemic and its socio-economic impact. (See more: Joint statement following the 23rd EU-Ukraine Summit (12.10.2021). URL: https://www.president.gov.ua/en/news/spilna-zayava-za-pidsumkami-23-go-…)
- 15In Focus: Ukrainian Armed Forces. US Congressional Research Service (January 26, 2022). URL: https://crsreports.congress.gov/product/pdf/IF/IF11862
- 16В проєкті бюджету-2022 обсяг фінансування сектору безпеки і оборони України становить рекордні 5,95% від ВВП. [In the draft of budget-2022, the amount of funding for the security and defense sector of Ukraine is a record 5.95% of GDP]. The Ministry of Defense of Ukraine. (September 16, 2021). URL: https://www.mil.gov.ua/news/2021/09/16/v-proekti-byudzhetu-2022-obsyag-…
- 17Ukraine Crisis Response Plan 2021 – 2023. UN IOM Global Crisis Response Platform. (December 15, 2021). URL: https://crisisresponse.iom.int/response/ukraine-crisis-response-plan-20…
- 18Julia Friedrich, Theresa Lütkefend. The Long Shadow of Donbas Reintegrating Veterans and Fostering Social Cohesion in Ukraine. The Glocal Public Policy Institute. (May, 2021). URL: https://www.gppi.net/media/GPPi_Friedrich_Luetkefend_2021_Long-Shadow-o…
- 19Poll: 58% back Ukraine's accession to NATO, 62% want Ukraine to join EU. Ukrinform (November 11, 2021).URL: https://www.ukrinform.net/rubric-society/3349221-poll-58-back-ukraines-…
- 20Attitudes towards Ukraine's accession to the EU and NATO, attitudes towards direct talks with Vladimir Putin and the perception of the military threat from Russia: the results of a telephone survey conducted on December 13-16, 2021. Kyiv International Institute of Sociology. (December 24, 2021). URL: https://www.kiis.com.ua/?lang=eng&cat=reports&id=1083&page=1
- 21NDI Poll: Opportunities and Challenges Facing Ukraine’s Democratic Transition. National Democratic institute. (October, 27, 2021). URL: https://www.ndi.org/publications/ndi-poll-opportunities-and-challenges-…
Ukrainian national governance still suffers from the lack of rule of law, and it remains dependent on the will of persons or groups, such as oligarchs or political leaders, more than it is based on stable institutions and democratic practices. Over the past decades, the electoral system has been changed several times to feature more democratic and transparent processes, which are staying very competitive but are sometimes accompanied by voting buying and unbalanced media coverage. Although the media landscape is diverse, the largest national media are owned by competing oligarchs who promote their political interests; meanwhile, the public broadcaster and independent media projects draw smaller audiences, and attempts to exert political pressure on media outlets are observed. Civil society is vibrant and committed to democratic reforms, but the sector struggles to achieve financial viability and depends largely on donor support. Local self-governments demonstrate a strong impulse towards sustained and democratic development, and are obtaining the necessary autonomy, resources, and public support from the 2021 decentralization reform. However, corruption and judicial integrity, as well as the ongoing Crimean occupation, conflict in Eastern Ukraine, and the threat of Russian invasion, remain challenging issues for Ukrainian democratic transition.
Considers the democratic character of the governmental system; and the independence, effectiveness, and accountability of the legislative and executive branches. | 2.503 7.007 |
- In 2021, Ukrainian national democratic institutions sought to reduce the impact of the COVID-19 pandemic on the economy and halt the decline in public support for President Volodymyr Zelenskyy’s promised reforms. These attempts largely resembled a “carrot and stick” policy exercised by the President’s Office rather than from party and societal consensus, or through developing and empowering the institutions crucial for sustaining democratic reforms. Possessing a parliamentary majority—one not so much monolithic as composed of oligarch-related deputies1 —Zelenskyy and his team worked to concentrate the power of security and law-enforcement agencies under the executive’s direct control: the National Security and Defense Council (NSDC), Security Service of Ukraine (SSU), General Prosecutor, and the Ministry of Interior Affairs.
- The NSDC became one of the most controversial and disputed institutions during the year. In addition to performing its formal consultative and coordination functions, the agency extended itself to combine prosecutorial and judicial powers, and, lacking any independent oversight, appeared selective and opaque in its decision-making. For the first time since legislation was passed in 2014 allowing the sanctioning of entities and individuals, Ukrainian authorities imposed sanctions on a wide range of domestic targets, including private and media companies owned by the parliamentarians Viktor Medvedchuk and Taras Kozak (from the pro-Russian party Oppositional Platform–For Life) as well as enterprises owned by former president Viktor Yanukovych and former prime minister Mykola Azarov. Additionally, the NSDC imposed sanctions on individuals who had not yet been convicted of any crimes, drawing a wave of criticism from human rights defenders, legal experts, and political analysts.2 Critics argued that such use of sanctions was in violation of Ukraine’s constitution and international treaties, undermined fundamental principles of the rule of law, and posed a serious threat to citizens’ rights and civil liberties.3 Later, in October, NSDC secretary Oleksiy Danilov admitted that more than 100 individuals had been added to the sanctions list “by mistake.”4 In spite of concerns expressed by experts and the opposition, the majority of Ukrainians supported such measures as sanctions.5
- Another widely covered issue was the “deoligarchization” law,6 adopted by the parliament on September 237 and signed by Zelenskyy on November 5,8 which may further empower the NSDC and the president. The law provides for a range of measures, from the creation of a special register of persons considered by the NSDC to be oligarchs (with further restrictions on their political, media, and economic activities) to requiring public servants to report any contacts with oligarchs or their “representatives.” As a result of the dissenting opinion from Rada Chairman Dmytro Razumkov, who requested that the draft be referred to the Venice Commission and suggested it was not in accordance with Ukraine’s constitution, Razumkov was dismissed as chairman on October 7.9 He was replaced on October 8 by Ruslan Stefanchuk, First Deputy Chairman from the Servant of the People party, who was considered to be more loyal to Zelenskyy. Later, on October 19, the First Deputy Chairman position was filled by Oleksandr Kornienko, head of the president’s party.10
- The anti-oligarch campaign, viewed with skepticism by much of the public,11 led to a confrontation between Zelenskyy and the wealthiest Ukrainian, Rinat Akhmetov, over business and media interests.12 On November 26, the president publicly accused Akhmetov of allegedly participating in plotting a coup for early December, which did not materialize.13 On December 3, Prosecutor General Iryna Venediktova, instrumental in a number of cases involving top officials,14 announced she would step up more than 200 criminal investigations against “the owner of several well-known television channels, coal and energy companies.”15 Earlier, the Prosecutor General’s Office had opened criminal cases against People’s Deputy Viktor Medvedchuk, placing him under house arrest in May,16 and charged Ukraine’s fifth president and sitting parliamentarian Petro Poroshenko and the former energy minister Volodymyr Demchyshyn with treason in late December.17
- Personnel issues in the government were apparent in numerous cabinet reshuffles during the year leading to the replacement of 10 ministers,18 some of whom held their posts for only a few months.19 Various heads of regional state administrations, appointed by the president and performing governmental executive power in the regions, were also reshuffled in 2021,20 mostly in regions where the Servant of the People party was in the minority.21 Critics argued that the Rada, responsible for appointing ministers, simply approved presidential nominees without discussing their programs or any debate, and largely hidden from the public eye.22 Such rapid changes could be risky for democratic institutional resilience and undermine capacity to combat the pandemic, economic issues, and security threats that escalated at the end of the year.23
- In 2021, reforms in other areas, such as direct democracy, political party regulations, and conflict resolution, made incremental progress. The Rada adopted the Law on the All-Ukrainian Referendum on January 26,24 which was supported by 58 percent of Ukrainians.25 The parliament also developed draft laws on local referendums26 and proposed amendments for the legislation on political parties,27 which provides for simpler procedures for party registration, emphasizes intraparty democracy, and establishes clearer and more transparent regulations for party financing.28 These changes were advanced through the direct participation of the expert community and civil society,29 accompanied by numerous public discussions.
- 1Oligarchs Ihor Kolomoisky and Rinat Akhmetov control about 70 and about 100 members of the Verkhovna Rada, respectively, according to the investigation by the Bihus.info investigative media. Furthermore see: Investigative show exposes influence of Kolomoisky, Akhmetov on lawmakers. The KyivPost (January, 14, 2021). URL: https://www.kyivpost.com/ukraine-politics/investigative-show-exposes-in… and Prokopenko Olena. Ukraine’s Fragile Reform Prospects amid Ongoing Russian Aggression. German Marshall Fund. (May 28, 2021). URL: https://www.gmfus.org/news/ukraines-fragile-reform-prospects-amid-ongoi…
- 2Furthermore, see: Kharkiv Human Rights Protection Group. There are signs of usurpation of power: a statement by human rights organizations regarding sanctions against Ukrainian citizens. (07.04.2021).URL : https://khpg.org/en/1608808963 Tsvetkova Katherina. Sanctions as an Instrument of the Ukrainian Government. (20.08.2021). URL: https://golaw.ua/insights/publication/sankcziyi-yak-instrument-ukrayins…
- 3Halya Coynash. Zelensky imposes sanctions against men who fought for Ukraine in Donbas. Kharkiv Human Rights Protection Group. (21.06.2021). URL: https://khpg.org/en/1608809236
- 4Security Council sanctions 108 people ‘by mistake,’ sparks backlash. The Kyiv Post (17.10.2021). https://www.kyivpost.com/ukraine-politics/security-council-sanctions-10… ; Ukraine’s Security Council sanctioned several people ‘by mistake’, admits Council secretary (17.10.2021). URL: https://bykvu.com/eng/bukvy/ukraine-s-security-council-sanctioned-sever…
- 572% of respondents support the introduction of state sanctions against individuals and legal entities of Ukraine in case their activities harm the country's interests (46% - definitely support, 26% - rather support). Instead, if there is evidence of involvement of these individuals in terrorist activities or separatism, the level of support for sanctions against them increases up to 85% (67% - definitely support, 18% - rather support). In February 49% support the decision to stop broadcasting on TV channels "112", NewsOne, ZIK, 41% - do not support. Since the imposition of sanctions, support for the decision has grown from 42% to 49%, while the number of critics has decreased from 47% to 41% (See more at: Rating Group. Ukraine under quarantine: monitoring of public moods. Sociological Survey Wave #9, 6-8. (February, 2021) URL: http://ratinggroup.ua/en/research/ukraine/ukraina_na_karantine_monitori… )
- 6The adoption of the Law №5599 “On prevention of threats to national security related to excessive influence of persons of significant economic or political importance in public life (oligarchs) was impetous, more than 1400 amendments were made in-between readings held on July and September respectively, with many inaccuracies in the text, but the main critique was addressed to its inconsistency with the rule of law, Constitutional rights of citizens and president’s credentials. For example, on September 3, Ukrainian Ombudsmen Denisova addressed an official letter to the Chairman of Parliament pointing bill on oligarchs conflicted with the Constitution. The Head of Rada Razumkov submitted the bill referred to the Venice Commission on September 10. On September 16, the Venice Commission started considering Ukraine's request, but the very same day the Verkhovna Rada Committee on National Security, Defense and Intelligence recommended that the parliament adopt in the second reading the bill, which was made in a week. See more on this: Parliament Passed Law on Oligarchs. Institute of Mass Information. (23.09.2021). URL: https://imi.org.ua/en/news/parliament-passed-law-on-oligarchs-i41432 Mykhailo Minakov. Fighting Oligarchy or the Oligarchs? The Kennan Institute. (June 10, 2021). URL: https://www.wilsoncenter.org/blog-post/fighting-oligarchy-or-oligarchs De-oligarchization law, Ukrainian boxer as unified heavyweight world champion and more - Weekly Update on Ukraine #32, 20-26 September 2021. Ukrainian Crisis Center (27.09.2021). URL: https://uacrisis.org/en/de-oligarchization-law-ukrainian-boxer-as-unifi
- 7Ukraine approves law to limit influence of oligarchs. Deutsche Welle. (23.09.2021). URL: https://www.dw.com/en/ukraine-approves-law-to-limit-influence-of-oligar…
- 8Ukrainian President Signs 'Anti-Oligarch Law'. Radio Free Europe. (November 05, 2021). URL: https://www.rferl.org/a/ukraine-zelenskiy-anti-oligarch-law/31548053.ht…
- 9Krzysztof Nieczypor. Loyalty above all. Ukraine’s Speaker of Parliament Is Dismissed (08.10.2021). URL: https://www.osw.waw.pl/en/publikacje/analyses/2021-10-08/loyalty-above-… Verkhovna Rada of Ukraine has dismissed Chairperson Dmytro Razumkov. Ukrainian News. (07.10.2021). URL: https://ukranews.com/en/news/805957-rada-dismisses-razumkov
- 10Kornienko Was Appointed the First Vice-Speaker of The Verkhovna Rada. Global Happenings. (October 19, 2021). URL: https://globalhappenings.com/opinion/25861.html
- 11Respondents of the survey, conducted by KIIS on late November mostly perceived the intentions of de-oligarchization as a populist step to raise the rating (36% think so). Also, 20.7% consider it an attempt to take control of TV channels owned by the oligarchs. About 18% believe that this is a step that will make Ukraine successful, and that it is a sincere desire for justice. 17.5% perceive this as an attempt by V. Zelensky and his entourage to redistribute property and become oligarchs themselves. See more: Socio-Political Moods of the Population of Ukraine: Results of a Telephone Survey Conducted on November 26-29, 2021. Kyiv International Institute of Sociology. (December 1, 2021). URL: https://www.kiis.com.ua/?lang=eng&cat=reports&id=1074&page=1
- 12Sławomir Matuszak, Tadeusz Iwański. Zelensky vs. Akhmetov – a test of strength. Center for Eastern Studies. (December 22, 2021). URL: https://www.osw.waw.pl/en/publikacje/osw-commentary/2021-12-22/zelensky…
- 13Furthermore, see: David L. Stern. Ukraine’s Zelensky alleges Russia plotting coup against him for next week. The Washington Post. November 26, 2021. URL: https://www.washingtonpost.com/world/europe/ukraine-zelensky-russia-cou… Zelensky: Rinat Akhmetov's circle drives him into war against Ukraine and its president. Interfax-Ukraine (26.11.2021). URL: https://en.interfax.com.ua/news/general/782229.htmlUkrainian President Volodymyr Zelensky says group of Russians and Ukrainians planning coup against him. CNN. (November 26, 2021). URL: https://edition.cnn.com/2021/11/26/europe/ukraine-president-volodymyr-z…
- 14As NABU officials and activists claimed, PGO and Iryna Venediktova had a crucial role in failure of the investigation against Oleh Tatarov, Deputy Head of the President's Office, who earlier was related with Yanukovich and Maidan storming in 2014, but in December 2020 was accused in corruption by NABU. PGO just transferred the case from NABU to SSU jurisdiction on February 2021, and than lost the case in court (See more on this: Prosecutor General’s Office provides an unprecedented interference in the NABU investigation – official statement. NABU (24.12.2020). URL: https://nabu.gov.ua/en/novyny/prosecutor-generals-office-provides-unpre… submits 'Tatarov case' to SBU, NABU calls this interference in investigation to protect official. Interfax (24.12.2020). URL: https://en.interfax.com.ua/news/general/712293.html Who Is “Burying” Tatarov’s Case? Timeline. Transparency International – Ukraine (November 30, 2021). URL: https://ti-ukraine.org/en/news/who-is-burying-tatarov-s-case-timeline/) In May 2021, after the sanctions were imposed by NSDC the Prosecutor General's Office notified Medvedchuk and Kozak on suspicion of high treason and sponsoring the terrorism. Kozak was fleeing the country and put into the wanted list, meanwhile Medvedchuk was placed under house arrest wrom May to November, 2021 with an alternative to bail of 1 billion hryvnias (about $37 million). On November 2, 2021 court extended the measure of restraint for Medvedchuk, imposing personal obligations on the suspect (Furthemore see: People's Deputies Medvedchuk and Kozak are under formal suspicion for high treason. State Security Service of Ukraine (11.05. 2021). URL: https://ssu.gov.ua/en/novyny/nardepam-medvedchuku-ta-kozaku-oholosheno-… of restraint for Medvedchuk changed to personal recognizance. The Kyiv Post. (November 2, 2021). URL: https://www.kyivpost.com/ukraine-politics/measure-of-restraint-for-medv…).
- 15Prosecutor general vows to step up 200 criminal cases against top oligarch over his media attacks. The Kyiv Independent. (December 3, 2021). URL: https://kyivindependent.com/national/prosecutor-general-hints-at-steppi…
- 16The court leaves Medvedchuk under house arrest. Perild. December 17, 2021. URL: https://www.perild.com/2021/12/17/the-court-leaves-medvedchuk-under-hou…
- 17Halya Coynash. Ukraine’s ex-President Poroshenko accused of ‘treason’ and ‘financing terrorism’. Information Portal “Human Rights in Ukraine”. December 21, 2021. URL: https://khpg.org/en/1608809887
- 18In April 2021, the parliament appointed the new Minister of energy. In May, Minister of Economy, Trade, and Agriculture and Infrastructure Minister were resigned. The same month, following Prime Minister Shmygal’s motion, the parliament also dismissed Healthcare Minister Maksym Stepanov for unsatisfactory progress in coronavirus vaccination and appointed his deputy and Ukraine’s chief sanitary doctor, Victor Liashko, as his successor. On July Minister of Interior Affairs Arsen Avakov voluntary leave his post. The five ministers were eventually ousted on November 3, namely: Strategic Industries head Oleh Uruskiy, Defense Minister Andriy Taran, Ecology Minister Roman Abramovsky and Economy Minister Oleksiy Lyubchenko. Serhiy Reznikov, head of the Ministry of Reintegration, resigned as well to take on a new Cabinet role. The very next day, on November 4, four new ministers (Defense Minister, Deputy Prime Minister – Minister of Reintegration, Minister for strategic industries; First deputy prime minister and minister of economy) were appointed by the Verkhovna Rada. On November 11, Minister of Culture signed the notice of resignation, which wasn`t support by the Parliament as of December 7, 2021. Furthermore, see: Four new ministers appointed by parliament. The Kyiv Post (November,4, 2021). URL: https://www.kyivpost.com/ukraine-politics/four-new-ministers-appointed-… Ukraine's culture minister tenders resignation. UkrInform (11.11.2021). URL: https://www.ukrinform.net/rubric-polytics/3349072-ukraines-culture-mini… Prokopenko Olena. Ukraine’s Fragile Reform Prospects amid Ongoing Russian Aggression. German Marshall Fund. (May 28, 2021). URL: https://www.gmfus.org/news/ukraines-fragile-reform-prospects-amid-ongoi…
- 19Zelensky’s recent government reshuffle shows no strategy. The Kyiv Post. (November 5, 2021). URL: https://www.kyivpost.com/ukraine-politics/zelenskys-recent-government-r…
- 20In 2021 President reshuffled heads of the Regional State administrations in Cherkasy, Chernihiv, Ivano-Frankivsk, Kharkiv, Kherson, Kirovograd, Sumy oblasts. Previously numerous replacements in regional governmental vertical were made in 2019 after president came to power and then in the late 2020 after local elections turned out to be not very successful for the president’s party therefore some leaders of state administrations have been working less than a year.
- 21Де і чому облради воюють з головами ОДА Зеленського?. [Where and why are regional councils at war with the heads of the Zelensky Regional State Administrations?]. Chesno. (May 29, 2021). URL: https://www.chesno.org/post/4750/
- 22Volodymyr Petrov Useless officials. The Kyiv Post. (November 5, 2021). URL: https://www.kyivpost.com/article/opinion/editorial/editorial-useless-of…
- 23Russia planning massive military offensive against Ukraine involving 175,000 troops, U.S. intelligence warns. The Washington Post (December, 4, 2021). URL https://www.washingtonpost.com/national-security/russia-ukraine-invasio…
- 24Alisa Shushkovska, Harald Jepsen. Ukraine adopts new and improved referendum law. Atlantic Council (07.02.2021). URL: https://www.atlanticcouncil.org/blogs/ukrainealert/ukraine-adopts-new-a…
- 25Rating Group. Ukraine under quarantine: monitoring of public moods. Sociological Survey Wave #9, (February6-8, 2021) URL: http://ratinggroup.ua/en/research/ukraine/ukraina_na_karantine_monitori… )
- 26The draft law "On local referendum" registered in the Parliament of Ukraine (19.05.2021). https://www.rada.gov.ua/en/news/News/208588.html
- 27Adopted as a basis the draft law on Amendments to the Law of Ukraine "On Political Parties in Ukraine" on Improving the Legal Regulation of Financing the Activities of Political Parties. (17.06.2021). URL: https://www.rada.gov.ua/en/news/News/210637.html
- 28Joint Opinion On the Draft Law On Political Parties, approved by the Council of Democratic Elections and adopted by the Venice Commission at its 126th Plenary Session. Venice Commission. (March 20, 2021). URL: https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-…
- 29Furthermore, see: Draft law on local referendum open for public discussion, - Ukrainian Parliament (22.03.2021). URL: https://112.international/politics/draft-law-on-local-referendum-open-f… Reforms in Ukraine. How has the draft law “On political parties” changed after the public consultations and consultations with the Verkhovna Rada of Ukraine fractions? (20.01.2021). URL: https://inrespublica.org.ua/en/aktyvna-hromada/yak-zminyvsya-proyekt-za… Position on the Draft Law to Improve Legal Regulation of Political Parties Finance Passes in the First Reading (22.06.2021). URL: https://oporaua.org/en/statement/parliament/23209-pozitsiia-opori-shcho…
Examines national executive and legislative elections, the electoral framework, the functioning of multiparty systems, and popular participation in the political process. | 4.505 7.007 |
- Among Ukraine’s broader electoral reform successes, the most recent transitions of power—namely, the parliamentary and presidential elections in 2019 and local elections in 2020—were peaceful, well-administered, and regarded by international observation missions as demonstrating significant progress.1 2 In 2020, a new Electoral Code was adopted and local elections in communities with 10,000 or more voters were held based on a party-list system, which will be further implemented in the 2024 parliamentary elections.
- In 2021, there were by-elections of People’s Deputies in four single-mandate constituencies on March 28 and October 31, and early mayoral elections in Kharkiv, Ukraine’s second-largest city with a population of 1.4 million. According to the civic monitoring group OPORA, there is proper and sufficient financial and organizational support for election administration. Despite unfavorable conditions for holding elections during the COVID-19 pandemic, election commissions at all levels ensured the stable organization and conduct of voting.3
- Elections were held in a competitive environment, though turnout was less than 35 percent.4 According to civic monitors, some of the contests experienced serious violations of Ukrainian law and international standards for democratic elections.5 The most typical violations included the early start of campaigning, disinformation campaigns, misuse of administrative resources, attempts to agitate on election day, and violations of the secret ballot.6
- The by-elections for People’s Deputies in three out of the four constituencies showed involvement by central-level officials in de facto support for Servant of the People candidates, as well as use of high-profile state programs for campaign purposes.7
- Contentious elections were held in the single-mandate constituency No. 87 (Nadvirna, Ivano-Frankivsk Oblast) in March and mayoral elections in Kharkiv in October. In Nadvirna, the vote tally was so tight among the three leading candidates that it required a recount, followed by police involvement and numerous judicial proceedings,8 including before the Supreme Court.9
- In Kharkiv, protocols from at least 40 polling stations (out of 605) did not match the Precinct Election Commission’s protocols received from observers immediately after the count.10 After the election, OPORA observers appealed to both the Kharkiv city territorial election commission and the courts, which refused to satisfy these complaints.11 Kharkiv police launched an investigation into the suspected falsification of the vote-counting protocols on November 2.12
- After the 2020 local elections, the parliamentary Committee on the Organization of State Power, Regional Development, Local Self-Government and Urban Planning began a dialogue on the experience of campaigning in relation to the Electoral Code. A Working Group, including representatives of analytical centers and monitoring organizations,13 was established and held its first meeting in March where proposals for new committee practices foreshadowed an early and comprehensive reform of electoral procedures.14
- On May 20, the Constitutional Court considered a complaint filed on February 20 by 45 parliamentarians (representing single-member districts) seeking to recognize as unconstitutional the open-list proportional, multi-member system, which allows only nominees from political parties to run in parliamentary elections.15
- In December, two draft laws were registered in the Rada that aimed to revise the Electoral Code and revert to using the previous parallel electoral system,16 which had been widely criticized for corruption and vote buying. On December 20, Davyd Arakhamia, leader of the Servant of the People faction, stated that “more than 300 MPs will support the return of Ukraine to the parallel system.”17 In response to these legislative initiatives, 27 civil society organizations, including those from the aforementioned Working Group, issued a statement demanding the continuation of the open-list proportional electoral system.18
- 1Ukraine Recognized for Democratic Elections and Increased Pluralism. IFES-Ukraine. (19.02.2021). URL: https://ifesukraine.org/en/news/ukraine-recognized-for-democratic-elect…
- 2European Parliament resolution of 11 February 2021 on the implementation of the EU Association Agreement with Ukraine. European Parliament (11.02.2021). URL: https://www.europarl.europa.eu/doceo/document/TA-9-2021-0050_EN.html
- 3OPORA's report on the findings of the observation of the first month of the election process in the by-elections of people's deputies in the constituencies No. 184 and No. 197. (04.10.2021). URL:https://www.oporaua.org/en/statement/vybory/parlamentski-vybory/22976-p…
- 4SemenovaThaisa. Zelensky’s party candidates lead parliamentary by-elections. The Kyiv Post (November 1, 2021). URL: https://www.kyivpost.com/ukraine-politics/zelenskys-party-candidates-le…
- 5Preliminary statement of the Civil Network OPORA on the observation findings in the by-elections of the People's deputies of Ukraine in constituencies no.184 and no. 197, and in the extraordinary elections of Kharkiv city mayor. OPORA. (November 21, 2021). URL: https://www.oporaua.org/en/statement/vybory/23691-zaiava-opori-za-rezul…
- 6Olena Makarenko, Michael Garrood. Former “Russian spring” target Kharkiv’s new mayor to continue Kernes’ balancing act. Euromaidan Press. (November 8, 2021). URL: http://euromaidanpress.com/2021/11/08/former-russian-spring-target-khar… Elections 2021: Polling Stations Closed, Vote Counting Begins. IFES-Ukraine. (October 31, 2021). URL: https://ifesukraine.org/en/news/elections-2021-polling-stations-closed-…
- 7SemenovaThaisa. Zelensky’s party candidates lead parliamentary by-elections. The Kyiv Post (November 1, 2021). URL: https://www.kyivpost.com/ukraine-politics/zelenskys-party-candidates-le… Preliminary statement of the Civil Network OPORA on the observation findings in the by-elections of the People's deputies of Ukraine in constituencies no.184 and no. 197, and in the extraordinary elections of Kharkiv city mayor. OPORA. (November 21, 2021). URL: https://www.oporaua.org/en/statement/vybory/23691-zaiava-opori-za-rezul…
- 8OPORA's Statement on the CEC's Enforcement of the Decision of the Grand Chamber of the Supreme Court on Elections to the Constituency No 87. (19.05.2021). URL: https://www.oporaua.org/en/statement/vybory/parlamentski-vybory/23095-z…
- 9Supreme Court finds illegal CEC actions to establish by-election results in 87th constituency. The Kyiv Post (May 3, 2021). URL: https://www.kyivpost.com/ukraine-politics/supreme-court-finds-illegal-c…
- 10Ukraine. Probable falsification of vote count protocols in Kharkiv mayoral election. European Platform for Democratic Elections (November 08, 2021). URL: https://www.epde.org/en/news/details/probable-falsification-of-vote-cou… Will There Be New Elections? What’s Wrong with Terekhov’s Victory in Kharkov. Global Happenings (November 5, 2021). URL: https://globalhappenings.com/opinion/35023.html
- 11Olena Makarenko, Michael Garrood. Former “Russian spring” target Kharkiv’s new mayor to continue Kernes’ balancing act. Euromaidan Press. (November 8, 2021). URL: http://euromaidanpress.com/2021/11/08/former-russian-spring-target-khar…
- 12Police investigates falsification of vote counting protocols at mayoral elections 112 Ukraine (November 2, 2021). URL: https://112.international/politics/police-investigates-falsification-of…
- 13The Working group includes representatives of the OPORA Network, International Foundation of Electoral System (IFES-Ukraine), Centre for Democracy and Rule of Law (CEDEM), Ukrainian Center for Political Reforms (UCPR).
- 14Оlexander Klyuzhev. Electoral Code: how was the legislative long-term construction built? (May 27, 2021). URL : https://www.oporaua.org/article/parliament/23136-viborchii-kodeks-iak-z…
- 15Constitutional Court Considers Constitutionality of Elements of Ukraine’s Electoral System. IFES-Ukraine. (May 20, 2021). URL: https://ifesukraine.org/en/news/constitutional-court-considers-constitu…
- 16IFES Election Bulletin No 149 (December 11, 2021 – January 14, 2022). IFES-Ukraine (January 17, 2021). URL: https://ifesukraine.org/en/analytics/ifes-election-bulletin-149-decembe…
- 17Повернення до виборів із мажоритаркою підтримають понад 300 нардепів – Арахамія [More than 300 MPs will support the return to the elections with majoritarian system – Arakhamia]. Ukrainska Pravda. (December 20, 2021). URL: https://www.pravda.com.ua/news/2021/12/20/7318004/
- 18Furthermore see: OPORA calls on the Parliament not to cancel the achievements of Electoral Reform in Ukraine and not to resume the old electoral system. Civic Network OPORA. (21 December 2021). URL: https://www.oporaua.org/en/statement/vybory/23802-opora-zaklikaie-parla… ,Nazar Zabolotny. Attempt to reinstate the mixed electoral system. Center.UA. (22 December 2021). URL: https://centreua.org/en/monitoring/attempt-to-reinstate-the-mixed-elect… and IFES Election Bulletin No 149 (December 11, 2021 – January 14, 2022). IFES-Ukraine (January 17, 2021). URL: https://ifesukraine.org/en/analytics/ifes-election-bulletin-149-decembe…
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. | 5.005 7.007 |
- Ukraine’s civic sector remains one of the most optimistic drivers of democratic change on the national and local levels. The country’s legal framework is largely open to civil society organizations (CSOs) to register and report their activities. In 2021, important legal acts for civil society, youth, minorities, and vulnerable groups were adopted.1 Following the principle of “no decisions for civil society without civil society,” CSOs, the expert community, and officials engaged in developing and discussing these acts both on the central and regional level.2 Additionally, civic activists, experts, and representatives of IDPs were actively involved in development, consultations, and discussions on strategic documents related to the reintegration of Donbas and Crimea, de-occupation peacebuilding, and transitional justice, which were presented or adopted during the year.3
- Despite the increasing role of civil society in advocacy and policymaking, some attempts to overregulate nongovernmental organizations (NGOs) and volunteering were made by particular lawmakers and political factions in the Ukrainian parliament.4 For instance, the Rada attempted in a draft law to restrict volunteering and charity, especially on procedures for hosting foreign volunteers. However, thanks to unified opposition from the civic sector5 and media coverage, the planned October vote on the law was postponed.
- According to numerous public opinion surveys, the civic sector—namely, volunteers and nonprofit organizations—is more trusted than government institutions.6 Based on 2021 data,7 Ukrainians have significantly increased their level of civic awareness, and, despite the recent hit to mutual trust caused by the COVID-19 pandemic, citizens show a readiness to unite for important causes. Increased awareness, however, does not automatically lead to increased civic participation; the average share of those who participate in CSOs or volunteer activities on a regular basis is 8 to 10 percent.8
- The other persistent challenge for Ukrainian civil society is financial viability,9 which was partly addressed in 2021. In September, the Ministry of Digital Transformation launched the online tool VzayemoDiya10 (Interaction) for posting all grant competitions from national, regional, and local authorities. Furthermore, a new budgetary institution, Ukrainian Youth Fund, was established by the Ministry of Youth.11
- Embracing looser quarantine restrictions in 2021, Ukrainian NGOs and initiative groups enjoyed the freedom of assembly, which translated into numerous forums, conferences, and educational and cultural activities, as well as rallies, street marches, and protest demonstrations.12 The annual marches for gender equality13 (March 8) and LGBT+ Pride returned after missing a year in 2020 due to COVID-19. These were held in Kyiv, Kharkiv, Odesa, Kryviy Rih, and Kherson in July–September. The police effectively protected the participants of mass LGBT+ events.14 Other public demonstrations were similarly held without violent clashes. Yet, while activists feel relatively safe at mass actions and public events, marginalized groups often face bullying and hate speech on social media.15 Watchdog groups reported 108 cases of persecution of activists in Ukraine in 2021, slightly higher than the previous year.16 Activists, most often those who work in the fields of human rights, LGBT+ issues, environmental protection, anticorruption, and illegal construction, experienced property damage (24 incidents), threats (28), and physical attacks (20) during the year.17
- 1Among the most important input of NGO were the participation in developing of such acts as: the National Human Rights Strategy for 2021-2023 (March, 21) and the Governmental Action Plan for it (June, 23), Law “On Basic Principles of Youth Policy” (April, 27), the Law “On the Indigenous Peoples of Ukraine” (July 1st), the Strategy for Promoting the Realization of the Rights and Opportunities of Persons belonging to the Roma National Minority (July, 28), The Law "On Advertising on Combating Gender Discrimination" (September, 10), the Law "On Preventing and Counteracting Anti-Semitism in Ukraine,” (September,22) and the National Strategy for Promoting Civil Society Development for 2021-2026 (September, 27).
- 2For example, the working group that drafted the National Strategy for Promoting Civil Society Development 2021-2026 included over 200 representatives of CSOs. Also, representatives of civil society organizations and individuals were able to join the discussion via more than 40 events, which were attended by 300 participants, including at the regional level and involving local activists online. The strategy includes important tasks intended to enhance mechanisms for public financing for CSOs, civic participation, open government and local democracy. See furthermore: The President of Ukraine signed the National Strategy for Promoting Civil Society Development 2021-2026 CSO Meter for Eastern Partnership. (30.09.2021). URL: https://csometer.info/updates/ukraine-president-ukraine-signed-national…
- 3See for example: Mapping of Dialogue and Peacebuilding Organizations and Initiatives in Ukraine / Tetiana Kyselova, Andrii Moseiko. — Kyiv, 2021. — 57 p URL: https://md.ukma.edu.ua/wp-content/uploads/2021/07/Mapping-of-Peacebuild…
- 4Most of other bills were not developed to oppress NGOs exclusively, but were related to other spheres, although some provisions of these documents will directly or indirectly affect the activities of CSOs and civil liberties in general. For example, the Bill on supervisory boards of public companies and on beneficiaries of legal entities, obliged all NGOs to resubmit personally the data of their cofounders. Furthermore see: Human Rights Activists Counted 13 Bills Threatening Civil Liberties in Ukraine. IMI (07.02.2022). https://imi.org.ua/en/news/human-rights-activists-counted-13-bills-thre… and Public Statement of Ukrainian Civil Society Organizations on the Definition and State Registration of the Ultimate Beneficial Owners of Civil Society Organizations (30.09.2021). URL: https://cedem.org.ua/news/zayava-kbv/ The list of legal initiatives, negatively affect the civil society could be find here: Activism 2021: A Monitoring Report on the Persecution of Activists and Human Rights Defenders (April-June, 2021) - pp. 9-10. URL: https://zmina.ua/content/uploads/sites/2/2021/05/activizm2021-iien_web… and here: Activism 2021: A Monitoring Report on Persecution of Activists and Human Rights Defenders in the Government-Controlled Territory of Ukraine (July–September 2021) ZMINA. – pp. 9-10. URL: https://zmina.ua/content/uploads/sites/2/2021/11/activizm2021-iiien_v01…
- 5The position of civil society on the draft law №4521 in support of volunteering. Reanimation Package of Reforms. (13.10.2021). URL:https://rpr.org.ua/en/news/the-position-of-civil-society-on-the-draft-l… Verkhovna Rada Must Reject Draft Law № 4521 Which Harms Volunteer and Charitable Organizations – Joint Statement of The Civil Society Representatives. Centre for Democracy and Rule of Law. (11.10.2021). URL: https://cedem.org.ua/news/zajava-zakonoproekt-4521/
- 6See, for example: Dynamics of Trust in Social Institutions During 2020-2021: The Results of a Telephone Survey. Kyiv Institute of Sociology. (January 26, 2022). https://www.kiis.com.ua/?lang=eng&cat=reports&id=1093&page=1 Democratic Initiatives Foundation. State and social institutions: who do Ukrainians trust and who do not? (30 March 2021). URL: https://dif.org.ua/en/article/state-and-social-institutions-who-do-ukra…
- 7Civic awareness, engagement and literacy in Ukraine: Trends and lessons 2017-2021. Pact Engage. (08.06.2021). URL: https://www.pactworld.org/library/civic-awareness-engagement-and-litera…
- 8Missing out on Opportunities? Despite Potential Benefit, Citizens Are Skeptical About Engaging in CSO Activities or Supporting Them Financially. Democratic Initiatives Foundation. (November 15, 2021). URL: https://dif.org.ua/en/article/missing-out-on-opportunities-despite-pote…
- 9Bidenko Yuliya. The Finances of Civil Society in Ukraine: Key Trends, Models and Obstacles in Achieving Sustainability (2019).URL: https://periodicals.karazin.ua/politology/article/view/15214/14144
- 10https://vzaemo.diia.gov.ua/
- 11Ukrainian Youth Found will provide grants on a competitive basis using not only budgetary funds but also accumulate contributions from individuals and legal entities for youth initiatives and organizations. Youth NGOs were actively involved in regional discussion on the regulations and procedures of future granting during October 5-22, 2021. See more: Ministry of Youth and Sports. Regional discussions "Regulations on the Ukrainian Youth Fund" (09.09.2021). URL:https://sport.gov.ua/events/regionalni-obgovorennya-polozhennya-pro-ukr…
- 12Mostly protests showed dissatisfaction with the court decisions (such as those in support Serhiy Sternenko and Ruslan Demchuk held in February and March), law-enforcement agencies actions or passivity about vocal cases – such as murdering of Kateryna Gandziuk (June), Pavlo Sheremeta (July), Georgy Gongadze (September), uninvestigated for years, or current violence against activists and journalists. Some demonstrations demanded for Zelenky’ and Yermak’ resignation (December 1), or were organized by the veterans and in the framework of the initiative “Against capitulation movement” or in support Crimean Tatars, Belarussian activists on September-October. Protest actions on local level in 2021 also were pretty numerous addressing decisions of regional administrations or local councils related to the heating tariffs in January, social policy and healthcare issues, quarantine restrictions for business (April) and mass vaccination campaign (November).
- 13Women's marches and actions "for traditional values": photos from six Ukrainian cities Radio Liberty. (8.03.2021). URL: https://www.radiosvoboda.org/a/news-marsh-zhinok-8-bereznia/31139988.ht…
- 14Ukraine: Thousands march for LGBTQ rights. Deutsche Welle. (19.09.2021). URL: https://www.dw.com/en/ukraine-thousands-march-for-lgbtq-rights/a-592324…
- 15Activism 2021: Monitoring Report on the Persecution of Activists and Human Rights Defenders ZMINA Human Rights Center. (January – June, 2021). URL: https://zmina.ua/en/publication-en/activism-2021-monitoring-report-on-t…
- 16У 2021 році зафіксували 108 випадків переслідування за громадську діяльність [108 Cases of persecution for public activities were recorded in 2021]. UkrInform. (04.02.2022). URL: https://www.ukrinform.ua/rubric-society/3397923-u-2021-roci-zafiksuvali…
- 17Ibidem.
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. | 3.504 7.007 |
- The media environment in Ukraine is complex, diverse, and competitive. Most of the country’s outlets are privately owned by high-profile citizens who often use them for political influence.1 The public broadcaster Suspilne, which has 2 national television channels, 3 radio stations, and 24 regional outlets, competes with national TV channels that altogether have more than 57 percent of audience share2 but remain in the hands of a few influential Ukrainian business persons and politicians. However, there are many online platforms, as well as local and regional media, that uphold high standards of professionalism and integrity and are vital to shaping the domestic political and social debate.
- Due to the sector’s diversity and competitiveness, a balance of power has emerged in the media system. There have been few legal obstacles for registration or broadcasting. But in 2021, for the first time, sanctions were imposed on Ukrainian media outlets.3 Television providers took channels associated with parliamentarians Viktor Medvedchuk and his ally Taras Kozak (112 Ukraine, NewsOne, and ZIK) off the air and, at the request of Ukraine’s Ministry of Culture, YouTube blocked their accounts.
- This decision opened a wide debate within and outside the professional community: on one side, numerous journalists, media experts, and diplomats justified such measures,4 arguing that these channels were instrumental for Russian disinformation5 and “cannot be considered genuine media as they constitute tools of foreign influence operations, and therefore a systemic threat to information security of Ukraine.”6 On the other side, some professional unions and international organizations noted that neither the president nor the NSDC has the constitutional power to ban media, thereby paving the way for attacks on political opponents and freedom of speech in general.7 The Supreme Court is currently considering several cases regarding bans on TV media.8 The channels First Independent and UkrLive, which quickly replaced the removed programming (later purchased by the Medvedchuk associate Nestor Shufrich and using many of the same staff and journalists), were also banned under an NSDC decision enacted by President Zelenskyy on December 28.9
- In August, the NSDC also imposed a full package of sanctions against the bloggers and politicians Anatoly and Olga Shariy and Igor Guzhva,10 editor-in-chief of the internet outlet Strana.ua. After authorities blocked Strana, the outlet quickly changed its domain name (from Strana.ua to Strana.news). But under pressure from the NSDC, internet providers began blocking the new site as well.11
- Other than sanctions, Ukrainian media were also impacted by the “deoligarchization” law, adopted on September 23, which addresses media ownership. As a result, former president Petro Poroshenko sold two television stations (5-Channel and Pryamoy) in November to current and former employees in order to comply with the new legislation,12 and the owner of 1+1 TV, Ihor Kolomoisky, stepped down from the broadcaster’s supervisory board on December 8.13
- In total, 197 violations of journalists’ rights were recorded in Ukraine in 2021 by the Institute of Mass Information.14 To reduce violence against journalists and promote fair investigations of such incidents, the media community, watchdog organizations, and human rights NGOs signed a memorandum of understanding and cooperation with the Prosecutor General’s Office on September 14. Consequently, investigations into violations of journalists’ rights increased in 2021 by 69 percent over the previous year, but only a small portion were brought to court.15
- Journalists in Ukraine continued to face pressure or censorship from outlet owners and politicians.16 On August 23–25, more than 30 Ukrainian media published, and then deleted or changed, reporting on a serious traffic accident connected to Servant of the People deputy Oleksandr Trukhin.17 Journalists also faced threats and attacks in 2021. For example, on October 4, Yevhen Metzger, chairman of the state-owned UkrEximbank, caused a scandal when he attacked an investigative journalist from the outlet Schemes in his office.18 The incident received wide coverage, leading to protests by journalists and an international reaction.19
- On November 8, the Kyiv Post, Ukraine’s oldest English-language newspaper, was abruptly shut down and all of the staff were fired without notification.20 While the outlet later renewed its activity under a new staff,21 many of the former personnel joined a new media venture, the Kyiv Independent.
- In the latter half of the year, public broadcasters Suspilne22 and Dom23 voiced concerns about political pressure from the President’s Office. Further issues arose amid the reorientation of state-owned Dom and Rada-TV into news channels24 with opaque management25 enacted by the president’s team in December.
- 1Korbut, Anna. Strengthening public interest in Ukraine’s media sector. Chatham House. (23.04.2021). URL: https://www.chathamhouse.org/2021/04/strengthening-public-interest-ukra…
- 2Media literacy index of Ukrainians (29.03.2021). URL: https://detector.media/community/article/186437/2021-03-29-media-litera…
- 3On February 4, 2021, President Zelensky enacted the Decision of the Ukraine’s National Security and Defense Council (NSDC) introduced three-year sanctions against Taras Kozak (MP from the Opposition Platform – For Life faction) and his companies, whose assets were frozen. The sanctions were imposed on the basis of information from Ukraine’s Security Service, which claimed to have evidence that the television channels were funded using revenue from the illegal coal trade in the breakaway territories of eastern Ukraine The other MP Victor Medvedchuk was sanctioned personally and suspected of high treason and financing of terrorism (Furthermore see: Zelensky Imposes Five-Year Sanctions against Medvedchuk's Ally, his Tv Channels. Institute of Mass Information. (February 3, 2021). URL: https://imi.org.ua/en/news/zelensky-imposes-five-year-sanctions-against…).
- 4Furthermore see: US. Embassy in Kyiv https://twitter.com/USEmbassyKyiv/status/1356962469617545216?s=20 Peter Dickinson. Analysis: Ukraine bans Kremlin-linked TV channels. Atlantic Council. (05.02.2021). URL: https://www.atlanticcouncil.org/blogs/ukrainealert/analysis-ukraine-ban… Peleschuk. Ukraine’s President Finally Flexes His Muscles (12.02.2021). URL: https://foreignpolicy.com/2021/02/12/ukraine-volodymyr-zelensky-russia-… ; Andrew Wilson.Faltering fightback: Zelensky’s piecemeal campaign against Ukraine’s oligarchs Policy Brief (6 July, 2021). URL: https://ecfr.eu/publication/faltering-fightback-zelenskys-piecemeal-cam… The most powerful blow to Putin’s influence in Ukraine. Voice of Ukraine (February 4, 2021). URL: http://www.golos.com.ua/article/341774
- 5On the other side of the screen: An analysis of media consumption and disinformation in the Ukraine’s information environment. Reanimation Package of Reforms (19.05.2021). URL: https://rpr.org.ua/en/news/on-the-other-side-of-the-screen-an-analysis-…
- 6Civil Society Claimed Sanctions Against “Medvedchuk’s Tv Channels” Didn’t Pose Threat to Freedom of Speech Institute of Mass Information. (03.02.2021). URL: https://imi.org.ua/en/news/civil-society-claimed-sanctions-against-medv… The Independent Media Council’s Position On the Sanctions Introduced Against the Television Channels 112 Ukraine, Newsone and ZIK. Centre for Democracy and Rule of Law. (12.02.2021). https://cedem.org.ua/en/news/imc-position-sanctions/
- 7For example, the International and European Federation of Journalists (IFJ and EFJ) condemned what they called “an extra-judicial and politically motivated ban and a blatant attack on press freedom that must be urgently reversed” as well as UN OHCHR is concerned that the decision to close the three television channels is not in line with international standards on the right to freedom of expression, as it was not taken by an independent authority, nor did it meet the requirements of necessity and proportionality. Furthermore see: OHCHR Report on the Human Rights Situation in Ukraine, 1 February to 31 July 2021 (23.09.2021). URL: https://www.ohchr.org/Documents/Countries/UA/32ndReportUkraine-en.pdf ; EU Questions Ukrainian President's Sanctions On TV Stations (03.02.2021). URL: https://www.rferl.org/a/eu-questions-ukrainian-sanctions-tv-stations-me… ; In Ukraine, taking three pro-Russia channels off the air raises complex issues (11.02.2021). URL: https://www.hrw.org/news/2021/02/11/ukraine-taking-three-pro-russia-cha…
- 8Ukraine’s Supreme Court to Consider Validity of Sanctions Imposed on ZIK, and 112 Ukraine TV. Unternews-Ukraine. (April 12, 2021). URL: https://internews.in.ua/news/ukraine-s-supreme-court-to-consider-validi…
- 9Lee Reaney. Media Whack-a-Mole: Zelensky Smacks Medvedchuk’s New Channels. The Kyiv Post. (December 29, 2021). URL: https://www.kyivpost.com/ukraine-politics/media-whack-a-mole-zelensky-s…
- 10NSDC Imposed Sanctions against Shariy and Guzhva. Institute of Mass Information. (23.08.2021). URL: https://imi.org.ua/en/news/nsdc-imposed-sanctions-against-shariy-and-gu…
- 11The information war for truth’ Ukraine’s National Security Council is blocking popular pro-Russian news outlets. What does this mean for freedom of speech? (15.09.2021). URL: https://meduza.io/en/feature/2021/09/15/the-information-war-for-truth
- 12Ukraine's Former President Sells TV Channels Following Passage of 'Oligarch' Bill. Radio Free Europe (November 9, 2021). URL: https://www.rferl.org/a/ukraine-poroshenko-sells-tv-channels/31552756.h…
- 13Kolomoisky Quitted Supervisory Board of 1 + 1. Institute of Mass Information. (December 8, 2021). URL: https://imi.org.ua/en/news/kolomoisky-resigned-from-supervisory-board-o…
- 14During 2021 in total 197 cases of violations of freedom of speech recorded, among them 99 cases of obstruction, 24 beatings, 16 cybercrimes, 13 threats, 18 restrictions on access to information and 8 cases of censorship. Comparatively, in 2020, IMI recorded 229 cases of violations of freedom of speech were reported including 171 cases involved physical aggression against journalists. Furthermore, see: 197 порушень свободи слова IMI зафіксував у 2021 році в Україні [IMI Recorded 197 Cases of Violations of Freedom of Speech in 2021]. Institute of Mass Information. (30.12.2021). URL: https://imi.org.ua/news/197-vypadkiv-porushen-svobody-slova-imi-zafiksu…
- 15Reaction of authorities to violations of journalists' rights. Conclusions for 2021. The Institute of Mass Information (28.01.2022). URL: https://imi.org.ua/en/monitorings/authorities-reaction-to-violations-of…
- 1642% of media professionals anonymously polled in September, 2021 admitted that there were precedents in their newsrooms when materials were not published or were taken down at the request of interested parties. At the same time, 47% of respondents stated that such thing was nonexistent in their newsrooms (Furthermore see: 42% of Media Took Down or Avoided to Publish Stories at the Request of Interested Persons – IMI Survey (22.09.2021). URL: https://imi.org.ua/en/monitorings/42-of-media-took-down-or-avoided-to-p… )
- 17Car crash hushed by media: is MP Trukhin in USA with Zelensky? (30.08.2021). URL: https://bykvu.com/eng/bukvy/car-crash-hushed-by-media-is-mp-trukhin-in-…
- 18Attack on journalists of the TV program Schemes: US and UK are outraged, Metzger has resigned. The page-UA. (6.10.2021). URL: https://en.thepage.ua/news/worlds-reaction-to-attack-on-journalists-at-…
- 19Ukreximbank Personnel Seize Journalists’ Equipment, Delete Footage During Interview. The Council of Europe (October 12,2021). URL: https://fom.coe.int/alerte/detail/107636412
- 20Kyiv Post suspends publication after 26 years. Staffers decry 'act of vengeance'. CNN. November, 9, 2021. URL: https://edition.cnn.com/2021/11/09/media/kyiv-post-closure/index.html
- 21Lee Reaney. Justice, Democracy, and Free Speech: The Kyiv Post According to Publisher Adnan Kivan. The Kyiv Post (December 8, 2021). URL: https://www.kyivpost.com/ukraine-politics/justice-democracy-and-free-sp…
- 22
- 23
- 24The Media Movement stands against reorientation of state TV channels “Dom” and “Rada”: this is a rollback of democratic reforms. Derector Media (January 23, 2022). URL: https://detector.media/withoutsection/article/195833/2022-01-23-the-med…
- 25Rada TV channel did not provide information in response to IMI's request. The Institute of Mass Information (17.01.202). URL: https://imi.org.ua/en/news/rada-tv-channel-did-not-provide-information-…
Considers the decentralization of power; the responsibilities, election, and capacity of local governmental bodies; and the transparency and accountability of local authorities. | 3.504 7.007 |
- After local elections were held in October–November 2020, Ukrainian local self-government got a fresh start from the administrative and political point of view. Administrative changes adopted by the government and the parliament finalized the amalgamation of territorial communities (ATC), replacing 11,978 villages with 1,469 ATCs.1 The number of districts (sub-regional level) was also reduced from 490 to 136. From December 1, 2020, through July 1, 2021, district administrations transferred their properties and functions to the ATCs and newly elected district councils. To sustain these changes, legislation on local self-government and administrations was revised, a State Regional Development Strategy for 2021–27 was developed and adopted in 2020, and the State Fund for Regional Development was provided with 4.5 billion UAH to budget 294 regional projects in 2021.2
- After an extended period of quarantine restrictions, economic activity in municipalities is gradually recovering.3 Compared to 2020, the volume of incomes to local budgets grew by 23 percent,4 and local funds have increased more than sixfold since 2014, when the reform was launched.5 Due to the updated Strategy, Ukraine is switching from the policy of overcoming unequal development through equalization measures (subsidy-donation system) to a policy of supporting “growth points.”6
- Decentralization, which included reform of local self-government and the territorial organization of power, specifically aimed to ensure the capacity of ATCs to provide public services. As of the end of 2021, over 2,300 service access points were functioning in Ukraine,7 with some newly constructed or equipped thanks to foreign donor support.8 9
- The Annual Municipal Survey10 revealed a high level of confidence in the job performance and competences of public officials at the local level. Due to annual monitoring of the 100 biggest cities over three years, the average level of transparency of Ukrainian municipalities has increased by 59.5 percent.11 Yet, despite these positive dynamics, the average level of accountability of the cities is four times as low as their level of transparency. The present autonomy of self-governments to determine particular instruments of local democracy and their level of openness mostly depends on the goodwill of local officials. But the majority of newly formed communities as well as large cities show crucial shifts in implementing participatory budgets, consultative bodies, simplifying procedures of public hearing, and applying local initiatives or petitions.
- The COVID-19 pandemic forced the digitalization of local democracy instruments in a large number of communities. Numerous towns and villages are now able to use a single hosting platform, such as E-Dem12 (where more than 200 ATCs perform their functions, including 118 with participatory budgets, as of October 15) or the Participatory Budget–Civic Project13 (with over 90 communities); meanwhile, larger cities perform services and participatory budgets via their respective websites.
- Decentralization appears to be making a positive mark on civic awareness, albeit not specifically mobilizing citizens toward institutional participation. Still, the number of citizens taking part in community life is reportedly growing (from 25 percent in 2017 to 33 percent in 2021), and the level of knowledge about ways that Ukrainians may engage in their communities has grown significantly over recent years.14
- 1The Register of territorial communities. Decentralization (retrieved on December 8, 2021). URL: https://decentralization.gov.ua/en/newgromada
- 2294 regional development projects have been selected for funding in 2021 at the expense of the State Fund for Regional Development (18.02.2021). URL: https://new.dfrr.minregion.gov.ua/news/294-proyekti-regionalnogo-rozvit… Chernyshov: Next year the projected volume of local budgets will increase by more than UAH 87 billion. Ministry for Communities and Territories Development of Ukraine. (December 7, 2021). URL: https://www.kmu.gov.ua/en/news/oleksij-chernishov-nastupnogo-roku-progn…
- 3The local economy is gradually recovering: local self-government reform monitoring (20.07.2021). URL: https://decentralization.gov.ua/en/news/13785.amp
- 4Detialed data on public budgets can be find in Ukrainian on https://openbudget.gov.ua/
- 5For the decentralization years local budgets have grown more than sixfold, - Vyacheslav Nehoda. Decentalization. (January 18, 2022). URL: https://decentralization.gov.ua/en/news/14468?page=2
- 6Fedoriv Pavlo, Nazarenko Yulia. State regional policy: Decentralization of inequality? (28.04.2021). URL: https://cedos.org.ua/en/researches/state-regional-policy-decentralizati…
- 770% of territorial communities have created Centers for providing administrative services, - monitoring data of the Ministry of Regional Development. (8.10.2021). URL: https://decentralization.gov.ua/news/14094 Project PROSTO, aimed at improvement of services in hromadas, launched. PROSTO: Support to Services Aviability in Ukraine. (October 26, 2021). URL: https://prosto.in.ua/en/news/rozpochav-robotu-proekt-prosto-yakij-pokra…
- 8Support to improved administrative service delivery: Success stories and interesting facts. U-Lead with Europe Program (Retrieved on December 8, 2021). URL: https://tsnap.ulead.org.ua/en/ https://tsnap.ulead.org.ua/en/facts/#1-300
- 9International partners contribute significantly to administrative services development in Ukraine, - MinRegion. Decentralization (November 24, 2021). URL: https://decentralization.gov.ua/en/news/14290
- 10In more than half of regions registered higher approval of citizens for the way their cities are managed, and more than 50% of respondents in 11 out of the 24 municipalities reported that their city is moving in the right direction. Residents point to an increase in the quality of local services and in overall rates of satisfaction with local authorities – in 13 cities from 50% up to 76 % satisfied with city councils and in 19 cities more than half of population approved their mayors’ activities. Furthermore see: Seventh Annual Ukrainian Municipal Survey by the “Rating” Sociological Group. (17.09.2021). URL: https://www.iri.org/resource/annual-municipal-survey-ukraine-reveals-sa… https://www.iri.org/sites/default/files/wysiwyg/seventh_municipal_surve…
- 11Quite Transparent but Barely Accountable: a Study of Ukrainian Cities by TI Ukraine. Transparency International-Ukraine (31.03.2021). URL: https://transparentcities.in.ua/en/news/dosyt-prozori-ale-maizhe-ne-pid…
- 12E-Democracy Platform https://e-dem.ua/
- 13https://pb.org.ua/en
- 14For instance, the level of awareness of the ways that Ukrainians can engage in the lives of their communities has grown significantly over the past years: awareness of the creation of a housing, street, or block committee or participation in their activities grew from 38% in 2017 to 71% in 2021, and awareness of reporting on infrastructure issues to the local administration has risen from 42% to 69%. However, actual participation in these civic activities lags wildly and steadily behind awareness. Only 8% of Ukrainians were engaged in the creation of a housing, street or a block committee, and only 5% reported on damaged infrastructure during the first half of 2021. Data retrieved here: Civic awareness, engagement and literacy in Ukraine: Trends and lessons 2017-2021. USAID/ENGAGE Civic Engagement Poll (CEP). Pact-Ukraine (08.06.2021). URL: https://www.pactworld.org/library/civic-awareness-engagement-and-litera… (pp. 3-5)
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. | 2.252 7.007 |
- The year 2021 was characterized by ongoing tension between the political desire to implement judicial reforms and resistance from the judicial institutions themselves. During the year, the judiciary remained one of the least trusted institutions: 64 percent of Ukrainians believed that bribery is standard practice in the courts, and only 10 percent stated that they fully or mostly trust the judiciary.1
- The constitutional crisis2 caused by the suspension and criminal prosecution of two judges of the Constitutional Court, Oleksandr Kasminin and Chairman Oleksandr Tupytskyi, in the previous year continued into 2021. On March 27, President Zelenskyy dismissed the judges by revoking his predecessor’s decrees regarding their appointments.3 Both judges challenged the decree in the Supreme Court. On July 14, the Supreme Court found Zelenskyy’s move unlawful and annulled the decree, stating that the president did not have the power to dismiss but only to appoint judges. Of further concern, on July 15, the Security Service of Ukraine (SSU) opened criminal proceedings for abuse of power against the Supreme Court judges who had rendered the judgment.4 Ignoring these legal proceedings, Zelenskyy, on August 28, created a contest commission to select candidates for replacing Constitutional Court judges,5 and on November 26, he appointed new judges6 despite warnings from legal experts and watchdogs.7 On November 30, the Constitutional Court refused to swear in the new judges appointed by the president.8
- Concerns over government checks and balances were magnified by reforms instituted in the SSU. The security service reform was identified as much needed and intensely discussed among civil society, experts, and the international community, who pushed for an urgent vote.9 On January 28, a draft law was passed in the first reading, and in October, the second draft was published and a final vote was planned for December. However, troubling antidemocratic provisions were inserted into the draft text between the readings, which civil society pushed back against in extensive public statements,10 11 thereby preventing passage of the bill until there is further revising of those provisions. Human rights watchers warned that the new amendments might dangerously increase SSU powers and could threaten citizens’ fundamental liberties and personal data protection,12 while at the same time eliminating the power of courts in investigations related to security issues.
- The year’s most promising developments were achieved in the integrity of judicial self-governance bodies as the cornerstone of largescale judicial reform. In July, the Rada backed legislation to relaunch the High Qualification Commission of Judges (HQCJ) and High Council of Justice (HCJ).13 The new legislation established the Ethics Council, consisting equally of Ukrainian and foreign experts, which would be responsible for a one-time assessment of compliance with criteria on the professional ethics and integrity of HCJ members. In September–October, however, there were numerous delays and setbacks in the process14 that caused negative reactions from the international community15 as well as local politicians and civil society. On November 8,16 two months after the deadline foreseen by law, the Ethics Council of the HCJ was finally formed and, on December 1, held its initial meeting to adopt core rules and regulations.17
- In light of the Constitutional Court’s recent opposition to anticorruption and judicial reforms, these positive achievements remained fragile.18 For instance, on October 8, the Plenum of the Supreme Court approved an appeal to the Constitutional Court to verify the constitutionality of “certain provisions” of the law on the procedure for electing and appointing members of the HCJ,19 opening the possibility that the newly adopted legislative acts could be recognized as “unconstitutional.”
- 1Results of National Surveys of the Public and Justice Sector Professionals Participating in Court Proceedings Regarding Trust in The Judiciary, Judicial Independence and Accountability, Perception of and Reporting Corruption. USAID (09.06.2021). URL: https://newjustice.org.ua/en/news/results-of-national-surveys-of-the-pu…
- 2On the previous developments of 2021, see: Minakov Mykhailo, Pomeranz William. Constitutional Crisis in Ukraine: Looking for Solutions. Kennan Cable No. 65. March 2021. URL: https://www.wilsoncenter.org/publication/kennan-cable-no-65-constitutio…–2021 Ukrainian constitutional crisis. Wikipedya. URL: https://en.wikipedia.org/wiki/2020%E2%80%932021_Ukrainian_constitutiona…
- 3Decree No. 124/2021 “On certain issues of ensuring the national security of Ukraine” of 27 March 2021, available in Ukrainian at www.president.gov.ua/documents/1242021-37701. The President’s justification for the decree was that the judges posed a threat to state security because they had been appointed by former President Yanukovych, who, according to the decree, usurped state power from 2010 to 2014 and undermined state security
- 4OHCHR Report on the Human Rights Situation in Ukraine, 1 February to 31 July 2021. p. 19 (23.09.2021). URL: https://www.ohchr.org/Documents/Countries/UA/32ndReportUkraine-en.pdf
- 5Volodymyr Zelenskyy signed a decree on the competition for the selection of candidates for the position of a judge of the Constitutional Court under the quota of the President of Ukraine. 17 August 2021: https://www.president.gov.ua/en/news/glava-derzhavi-pidpisav-ukaz-pro-k…
- 6Volodymyr Zelenskyy appointed two judges of the Constitutional Court of Ukraine. UA-TV. November 26, 2021. URL: https://uatv.ua/en/volodymyr-zelenskyy-appointed-two-judges-of-the-cons…
- 7Watchdogs believe Zelensky may gain dangerous power over Constitutional Court. The Kyiv Post.November 2, 2021. URL: https://www.kyivpost.com/ukraine-politics/watchdogs-believe-zelensky-ma… We call on the Constitutional Court not to bring to the oath the newly appointed judges until vacancies legally appear under the President's quota. DeJure. 29.11.2021. URL: http://en.dejure.foundation/tpost/uhk6jvnhd1-we-call-on-the-constitutio…
- 8New judges of the Constitutional Court and final steps of the decentralization reform. CentreUA. December 3, 2021. URL: https://centreua.org/en/monitoring/new-judges-of-the-constitutional-cou…
- 9Heads of Diplomatic Missions of EU, NATO and United States in Ukraine Call on Rada to Pass Law on Reform of SSU. Ukrainian News Agency. November 8, 2021. URL: https://ukranews.com/en/news/812806-heads-of-diplomatic-missions-of-eu-…
- 10Letter to the Members of the Verkhovna Rada of Ukraine. The Human Rights Watch (June 3, 2021). URL: https://www.hrw.org/news/2021/06/03/june-3-letter-members-verkhovna-rad…
- 11Appeal by the Human Rights Agenda Platform concerning the draft law 3196-d “On Amendments to the Law of Ukraine “On Security Service of Ukraine ”. Center of Civil Liberties. (29.09.2021). URL: https://ccl.org.ua/en/claims/appeal-regarding-the-draft-law-%e2%84%9631…
- 12The most concerning are the articles of the Bill N 3196-d draft contain provisions on access to all databases and telecommunications by SSU, possibilities to wiretap virtually anybody without court permission or to stop any person and to inspect and inspect his or her belongings and vehicles for any reason without concrete stipulations and to block resources on the Internet. For more detailed see: Ukraine: Security Agency Reform Bill Risks Undermining Human Rights. Human Rights Watch. (October 8, 2021). URL: https://www.hrw.org/news/2021/10/08/ukraine-security-agency-reform-bill… ;New bill on the Security Service is in breach of Ukraine's Constitution and human rights standards. Kharkiv Human Rights Group (28.09.2021). URL: https://khpg.org/en/1608809587 ; Законопроєкт про СБУ порушує стандарти прав людини та потребує коригування [The SBU bill violates human rights standards and needs to be adjusted]. Ukrainian Helsinki Human Rights Union. (21.09.2021) URL: https://helsinki.org.ua/appeals/zakonoproiekt-pro-sbu-porushuie-standar…
- 13The High Qualifications Commission of Judges of Ukraine (HQC) is a collegial body of judicial branch governance responsible for the selection and assessment of judicial candidates. After the HQC recommends judges for appointment, they should be approved by the High Council of Justice (HCJ). HCJ is the most powerful body in the judiciary that appoints judges, decides personnel issues and even the dismissal of unworthy judges. See more: Chyzhyk Halyna Ukraine’s Zelenskyy vows to fight for judicial reform. Atlantic Council. (14.09.2021) https://www.atlanticcouncil.org/blogs/ukrainealert/ukraines-zelenskyy-v… ;Tetyana Tyshchuk. The Reform Index №166: Judicial Reform and the Digital Economy. Vox Ukraine. (21.09.2021). URL: https://voxukraine.org/en/the-reform-index-166-judicial-reform-and-the-…
- 14Рада суддів не обрала контролерів доброчесності ВРП: фактично заблокувала реформу [The Council of Judges did not elect HCJ integrity controllers: in fact, it blocked the reform]. Ukrainska Pravda. (13.09.2021). URL: https://www.pravda.com.ua/news/2021/09/13/7306971/
- 15President of the Venice Commission: Ukraine – Urgent need to set up the Ethics Council – statement by President Buquicchio. Venice Commission (29.09.2021). URL: https://www.venice.coe.int/webforms/events/?id=3214Ned Price. Judicial Reform in Ukraine. Press Statement. U.S. Department of State (16.09.2021). URL: https://www.state.gov/judicial-reform-in-ukraineG7 ambassadors concerned over process of judicial reform in Ukraine. The Kyiv Post. (23.09.2021). URL: https://www.kyivpost.com/ukraine-politics/g7-ambassadors-concerned-over…
- 16The Ethics Council that will reform the HCJ was formed automatically. DeJure Foundation. (November 9, 2021). URL: http://en.dejure.foundation/tpost/89ia7k5zv1-the-ethics-council-that-wi…
- 17The Ethics Council held its first meeting. What is included in the Rules of Procedure? And when will cleanup of the HCJ begin? Center AntAC. (December 2, 2021). URL: https://antac.org.ua/en/news/the-ethics-council-held-its-first-meeting/
- 18Halyna Chyzhyk, Khrystyna Ivasiuk Threat from the Constitutional Court, relaunch of the HCJ and dismissal of dishonest members: what to expect from judicial reform in Ukraine. Center AntAC. (November 17, 2021). URL: https://antac.org.ua/en/news/what-to-expect-from-judicial-reform-in-ukr…
- 19The Supreme Court sent Zelensky's judicial reform for constitutional review (08.10.2021). URL: https://www.pravda.com.ua/news/2021/10/8/7309831/
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. | 2.252 7.007 |
- Ukraine’s anticorruption system, though impacted by the ongoing conflict between the executive and judicial branches from October 2020, began to be restored and reconsolidated in 2021.1 In June, the Rada approved a new bill resurrecting obligatory electronic reporting for public servants and strengthening liabilities for untruthful financial declarations. Initially, lawmakers had passed legislation that allowed for the exemption of property owned by public servants’ family members, thereby making prosecution more difficult. But after receiving critical expertise from anticorruption bodies,2 and public outcry,3 President Zelenskyy vetoed the law.4 On June 29, the law was passed with the president’s amendments,5 establishing criminal liability for data falsification.
- Similar events transpired over legislation on political party financing aimed at reducing political corruption. The legislation was approved by the Rada on November 2, but after a negative reaction from the National Agency for the Prevention of Corruption (NAPC) and more than 50 NGOs,6 Zelenskyy vetoed the law on November 19.7 COVID-19 quarantine measures allowed political parties to forgo submission of obligatory quarterly reports; meanwhile, parliamentary parties still enjoyed state budgeting that exceeded 700 million UAH during 2021.8 In May, the NAPC launched Politdata, a register of political party reports, and instructed parties to submit their reports electronically. But as of December, fewer than 30 parties (out of 380 registered) had submitted financial reports voluntarily.9
- A number of high-profile corruption cases were addressed by the National Anti-Corruption Bureau of Ukraine (NABU) and the Specialized Anti-Corruption Prosecutor’s Office (SAPO) in 2021,10 including those against ousted president Yanukovych and his son,11 the former CEO of PrivatBank,12 parliamentarians,13 judges,14 heads of state-owned enterprises, and local officials in Kharkiv15 and Odesa.16 The December 15 launch of eCase, an interdepartmental management system for electronic criminal proceedings, has enhanced cooperation between government agencies and stands among the year’s achievements.
- However, since their establishment, anticorruption institutions have faced attempts to weaken their independence and institutional capacity. For more than a year, SAPO has had no full-fledged head, which has undermined the effectiveness of criminal investigations conducted by the NABU, since the center for making key procedural decisions in corruption cases moved from SAPO to the Prosecutor General’s Office.17 A competition to fill the position of SAPO head began in January but had not wrapped up by year’s end. There were attempts to reactivate the process during the year, which faced resistance from members of the selection commission at every stage of the competition18 and finally failed due to the controversial decision by the Kyiv Administrative Court on December 20 deeming the entire selection procedure illegitimate.19
- In late September, the European Court of Auditors issued a report20 criticizing the ineffectiveness of the European Union’s anticorruption initiatives in Ukraine. Auditors stated that the “existing environment in Ukraine puts the sustainability of anti-corruption institutions at risk, as they still rely on the unreformed judicial, prosecution, and law-enforcement sectors.”21
- Public opinion data from 2021 suggest that corruption has become the number one concern for the country (49 percent consider corruption the most important issue for the state).22 About 70 percent consider efforts by state agencies as ineffective, while citizens (67 percent), media (41.7 percent), and NGOs (39.7 percent) have the strongest perceived “willingness to overcome corruption.” At the same time, the general public’s direct experience of corruption decreased during the year. Fewer Ukrainians faced extortion in 2021 compared to 2018 (19.4 percent versus 36.8 percent, respectively) or used their personal connections (12.5 percent versus 17 percent), while the offer of petty bribes slightly increased from 11.6 percent in 2018 to 14.6 percent in 2021.23 During the year, Ukrainians appeared not to be as pessimistic about opportunities for citizens to address corruption as before. The share of those who believe that citizens “can do nothing to influence the level of corruption” shrunk twofold (from 34.8 percent in 2018 to 17.5 percent in 2021).24
Author:
Yuliya Bidenko (MA in Sociology, PhD in Political Science) is Associate Professor and chair of the Master’s program Global Studies and World Politics at Political Science Department, V. N. Karazin Kharkiv National University. She is the expert for the EU Delegation to Ukraine’s Team Europe Initiative. Among her research interests are the development of regimes, identities and civil society in Central and Eastern Europe, decentralization and participatory democracy, political parties, and elections.
Due to the Russia-Ukraine war since March 2022, she is temporary displaced from her home-city Kharkiv but continues to teach courses at Karazin University in a distance-learning format.
- 1On the Ukrainian anticorruption institutions, their functions and results during 2020-2021, see: Results of The Anti-Corruption Period: What NACP, NABU, SAPO and Others Have Achieved. European Pravda. October, 2021. URL: https://www.eurointegration.com.ua/project/2021/anticorruption-en/
- 2Anti-corruption agencies urge President to veto changes to e-declaration law - common statement by NABU and NACP. National Anticorruption Bureau. June 3, 2021. URL: https://nabu.gov.ua/en/novyny/anti-corruption-agencies-urge-president-v…
- 3Strengthening Liability for False Declarations: Not That Simple. Transparency International Ukraine. June, 3, 2021. URL:https://ti-ukraine.org/en/news/strengthening-liability-for-false-declar… Zelenskiy vetoed a law that weakens liability for inaccurate declaration. Archynewsy. June 17, 2021. URL: https://www.archynewsy.com/zelenskiy-vetoed-a-law-that-weakens-liabilit… Penalties ‘too soft’ under Zelensky’s false assets declarations’ law, says key anticorruption agency. Bukvy. June, 29, 2021. URL: https://bykvu.com/eng/bukvy/penalties-too-soft-under-zelensky-s-false-a…
- 4Zelensky vetoes law on imprisonment for false declaration. 112 Ukraine. June 15, 2021. URL: https://112.international/politics/zelensky-vetoes-law-on-imprisonment-…
- 5Parliament considers Zelensky's wishes and returns criminal liability for false declarations. 112 Ukraine. June 29, 2021. URL: https://112.international/politics/parliament-considers-zelenskys-wishe…
- 6More than 50 organizations are urging Zelensky to veto changes to the law on political parties (In Ukrainian). NGO “Chesno”. November, 8, 2021. URL: https://www.chesno.org/post/4998/?fbclid=IwAR3etYo9TqlhKmknMp_nQ9f1O1B7…
- 7Zelensky vetoes law on state financing of parties. Interfax-Ukraine. November, 19, 2021. URL: https://en.interfax.com.ua/news/general/780895.html
- 8Зеленський має ветувати псевдовідновлення звітування партій [Zelensky should veto the pseudo-renewal of party reporting]. Chesno. November 8,2021. URL: https://www.chesno.org/post/4994/
- 9Unified State Register of Reporting of Political Parties on property, income, expenses and liabilities of a financial nature. Retrieved on December, 7, 2021. URL: https://politdata.nazk.gov.ua/#/statboard
- 10During 2021 NABU started 856 investigations, 670 persons have been accused among which public officials, heads of the state-owned enterprises, judges, MPs and local council deputies. Furthermore see: Record compensations to budget and unprecedented pressure – NABU and SAPO 2021 first-half results. National Anti-Corruption Bureau of Ukraine (09.08.2021). URL: https://nabu.gov.ua/en/novyny/record-compensations-budget-and-unprecede… Report. The second half of 2021. National Anti-Corruption Bureau of Ukraine. (February 10, 2022). URL: https://nabu.gov.ua/sites/default/files/reports/angl_zvit_nabu_ii_2021_…
- 11President Victor Yanukovich have been fled Ukraine in 2014 and put on the wanted list by PGO. In January 2021, the Appeals Chamber refused to take Yanukovych into custody in absentia, but in August 2021, the HACC allowed a pre-trial investigation into the misappropriation of the residence. On October 7, an investigating judge of the HACC remanded in custody in the absence of the suspect (in absentia). Furthermore see: Антикорсуд надав дозвіл на здійснення спеціального досудового розслідування стосовно експрезидента України та його сина [The Anti-Court has granted permission for a special pre-trial investigation into the former President of Ukraine and his son]. HACC (21.08.2021). URL: https://hcac.court.gov.ua/hcac/pres-centr/news/1169446/
- 12Zelensky’s anti-corruption squad swoops on Ukrainian oligarchy. Financial Times. (25.03.2021). URL: https://www.ft.com/content/617dd29d-fba8-4404-988b-4ada37d4b45a
- 13Furthermore see: MP suspected of not declaring almost UAH 60 million. National Anticorruption Bureau. November, 22, 2021. URL: https://nabu.gov.ua/en/novyny/mp-suspected-not-declaring-almost-uah-60-… of illegal benefit by MP: case sent to court. National Anticorruption Bureau. (August 11, 2021). URL: https://nabu.gov.ua/en/novyny/receipt-illegal-benefit-mp-case-sent-court
- 14See for example: Ex-Kyiv court judge case: indictment sent to court. National Anticorruption Bureau. (November, 15, 2021). URL: https://nabu.gov.ua/en/novyny/ex-kyiv-court-judge-case-indictment-sent-… against Sumy region judge sent to court. National Anticorruption Bureau. November, 23, 2021. URL: https://nabu.gov.ua/en/novyny/indictment-against-sumy-region-judge-sent…
- 15NACB Informs Kharkiv Regional Council Chair Tovmasian about Suspicion of Corruption. Ukrainian News Agency (04.08.2021). URL: https://ukranews.com/en/news/793013-nacb-informs-kharkiv-regional-counc…
- 16Odesa Mayor Charged with Corruption, in Latest Criminal Case. Radio Free Europe (7.10.2021). URL: https://www.rferl.org/a/ukraine-odesa-mayor-corruption/31497418.html
- 17After the dismissal of SAPO Head Nazar Kholodnytskyi in the summer of 2020, his duties including those of Deputy Prosecutor General were taken over by Maksym Hryshchuk, First Deputy SAPO Head. However, four months later, the Prosecutor General stripped him of the status of Acting SAPO Head and all relevant powers. All this happened shortly after the NABU Detectives gave notice of suspicion to the Deputy Head of the President’s Office of corruption in December 2020.
- 18What makes disruption of SAPO Competition so dangerous. Transparency International-Ukraine. (9.10.2021). URL: https://ti-ukraine.org/en/news/what-makes-disruption-of-sapo-competitio…
- 19SAPO Selection Commission disrupts approval of results and winner. Tranpsrency- Ukraine (December 21, 2021). URL: https://ti-ukraine.org/en/news/sapo-selection-commission-disrupts-appro…
- 20Special Report 23/2021: Reducing grand corruption in Ukraine: several EU initiatives, but still insufficient results. European Court of Auditors (23.09.2021). URL: https://www.eca.europa.eu/Lists/ECADocuments/SR21_23/SR_fight-against-g…
- 21Special Report 23/2021: Reducing grand corruption in Ukraine: several EU initiatives, but still insufficient results. European Court of Auditors (23.09.2021). URL: https://www.eca.europa.eu/Lists/ECADocuments/SR21_23/SR_fight-against-g…
- 22Anticorruption Perception and Experience Poll. Pact-Engage. (7.07.2021). URL: https://engage.org.ua/eng/anticorruption-perception-and-experience-poll/
- 23Anticorruption Perception and Experience Poll. Pact-Engage. (7.07.2021). URL: https://engage.org.ua/eng/anticorruption-perception-and-experience-poll/
- 24Anticorruption Perception and Experience Poll. Pact-Engage. (7.07.2021). URL: https://engage.org.ua/eng/anticorruption-perception-and-experience-poll/


Country Facts
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Global Freedom Score
50 100 partly free -
Internet Freedom Score
59 100 partly free