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Transparency International believes equating corruption to treason is a "very bad idea"

Monday, 28 August 2023, 17:44
Transparency International believes equating corruption to treason is a very bad idea

The anti-corruption movement Transparency International Ukraine (TIU) believes that equating corruption to treason in wartime Ukraine is a very bad idea.

Source: a statement by TIU

Quote: "Such initiatives are more about fighting the symptoms than the disease. Corruption is treason on a metaphorical level, not a legal one. It is a systemic problem that has no ‘quick fixes’. Ukraine is already working in the right direction, so it's not worth going off that path for seemingly quick but very risky decisions. Even during a war."

Details: The TIU experts give six reasons why they think this idea is bad:

  1. It is impossible to reduce the level of corruption merely by strengthening responsibility for corruption crimes. Systemic global problems require systemic solutions, not populist and targeted solutions.
  2. Opportunities for corrupt people to benefit financially must be removed and punishment for corruption crimes must be made inevitable. China's experience shows that even the threat of execution for bribery does not reduce the real level of corruption in the country.
  3. The investigation of treason cases is handled by bodies of the Security Service of Ukraine, and such investigations require extensive and difficult work. At the same time, these proceedings involve unprecedented restrictions on the rights of citizens, even when it comes to suspicion, and the court proceedings of such cases also take a very long time.
  4. The SSU has been investigating crimes of corruption for 23 years now. And in 2013, Ukraine received its lowest-ever score in the Corruption Perceptions Index: just 25 points. There are also reservations about the SSU's ability to avoid influence, including from the presidential hierarchy. Therefore, the unbiasedness of its investigations may be in doubt.
  5. This could negatively affect Ukraine’s future European integration. And it could also have a negative effect on the strengthening of the rule of law in Ukraine and the protection of human rights.
  6. A "quick fix" in the form of amendments to the Criminal Code of Ukraine has never led to anything good. One example is criminal liability for non-personal voting. Despite instances of this having been identified, not a single MP has been held criminally liable.

Background: 

  • In an interview shown on Sunday, 27 August, President Volodymyr Zelenskyy said that he intended to submit a draft law equating corruption to treason during martial law.
  • Sources in the Ukrainian President’s Office and the National Anti-Corruption Bureau of Ukraine have reported that the Ukrainian government also plans to allow the Security Service of Ukraine, rather than just the National Anti-Corruption Bureau, to investigate corruption cases if the sum involved exceeds UAH 24 million (about US$650,000).

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