Ukraine proves democratic transparency drives renewal – Yermak, French director Levy
The Head of the Office of the President of Ukraine, Andriy Yermak, and the French documentary filmmaker Bernard-Henri Lévy have written a joint article for the French publication Le Point, in which they argue that Ukraine has recently given the world a lesson in democracy, describing the protests that took place in Ukrainian cities in response to the limitation of the powers of the National Anti-Corruption Bureau of Ukraine (NABU) and the the Specialized Anti-Corruption Prosecutor's Office (SAPO).
"Ukraine has once again given the world a lesson in democracy. It has once again proven that democratic transparency is the basis of its renewal. And this despite the fact that the war does not subside, despite the skepticism of false friends... The streets mobilized. The Ukrainian press grumbled. Ukraine's Western allies became concerned. But all these debates did not lead to the cacophony and crisis that external enemies hoped for, but instead led to a compromise," the article says.
The authors call Ukraine "a laboratory for the future of democracy."
Commenting on the article, Yermak emphasized that Ukraine is not an "imperfect democracy at war," but "a democracy that learns, reforms, corrects mistakes — and moves forward under fire."
"A legislative compromise, not a crisis — strengthening the president, parliament, and anti-corruption agencies… As de Gaulle said: reforms are an urgent necessity. Ukraine proves it. More than resilience. This is a lesson in democracy," the head of the President's Office wrote on Telegram.
As reported, on July 22, the Verkhovna Rada limited the independence of the NABU and the SAPO by adopting draft law No. 12414. In particular, the amendments to the draft law empower the Prosecutor General to: be the de facto head of the SAPO and delegate the powers of the SAPO prosecutor to other prosecutors; provide NABU with mandatory written instructions and request materials on any cases; transfer requested cases to any prosecutors; transfer the investigation of cases that fall under the jurisdiction of the NABU to other bodies. President Volodymyr Zelenskyyy signed the law on the evening of July 22.
Starting from July 22, protests against the restrictions on the independence of the NABU and the SAPO were held daily in Kyiv and some other cities of Ukraine. A day later, on July 23, after protests and concerns from international partners, the President of Ukraine announced that he would propose to the Verkhovna Rada a bill that would ensure the strength of the law enforcement system and the absence of Russian interference in the activities of law enforcement agencies.
On July 31, the Verkhovna Rada restored the independence of the NABU and the SAPO, supporting the corresponding presidential bill No. 13533. Zelenskyy signed it on the same day.
The draft law, in particular, establishes the procedural independence of the head and prosecutors of the SAPO from the Prosecutor General, establishes that the NABU detective carries out the instructions only of the SAPO prosecutor, and also provides that NABU detectives, when carrying out operational and operational-technical activities, carry out the instructions only of the NABU detective or the SAPO prosecutor. The draft law also returns the SAPO prosecutor the right to refer criminal proceedings to NABU detectives, while the Prosecutor General loses this right. NABU detectives are returned the right, by decision of the NABU director and with the consent of the SAPO prosecutor, to investigate criminal offenses referred to the jurisdiction of investigators of other bodies. The consent of the Prosecutor General will no longer be required.
