Ukrainian Democratic Regression and EU Integration

Financial Times, July 19, 2011

Editorial

Ukraine has its Yukos moment

Ukraine’s president Viktor Yanukovich has justifiably been accused of setting up a “Putin lite” system since his election 18 months ago. Power has been concentrated in his hands, media criticism stifled. Extending the analogy, he has now found his Yukos case.

The accused in Kiev is not, like Russia’s Mikhail Khodorkovsky, a billionaire oligarch. She is Yulia Tymoshenko, the former prime minister and Orange revolution co-leader. As in Russia, few in Ukrainian business and politics are whiter than white; shades of grey abound. So the legal assault on Ms Tymoshenko, as with Mr Khodorkovsky, looks like selective justice and a politically-motivated attempt to neutralise an opponent.Mr Yanukovich’s camp insists that the action is part of a broader corruption clampdown, probing 400 as yet unnamed current officials. Yet nearly all of the high-ranking figures charged to date are Tymoshenko associates.

Moreover, while she faces proliferating investigations, the charge on which Ms Tymoshenko is on trial – carrying a potential 10-year sentence – is highly questionable. She is accused of exceeding her authority in agreeing a 2009 gas deal with Russia’s Vladimir Putin at an excessively high price.

This raises questions over whether policy steps, particularly during a crisis, should be subject to criminal charges. The European Union welcomed the deal in question as it restored Russian gas flows to Ukraine and further west after a shut-off, and removed an opaque intermediary from the Russia-Ukraine gas trade.

Faced with western criticism, Mr Yanukovich’s circle is rumoured to be seeking a face-saving solution – say, a suspended sentence, keeping Ms Tymoshenko out of jail but also out of the next elections. The international community should reject that kind of cynical manoeuvre.

For the EU, in particular, has far greater leverage over Ukraine than over Russia. It is negotiating a free trade and association agreement with Kiev. EU officials seem reluctant to link the talks with Mr Yanukovich’s democratic record for fear of pushing Kiev back into the arms of Russia, which is trying hard to restore its influence over Ukraine. Yet Kiev has made clear it wants and needs the EU deal, calling closer European integration Ukraine’s “strategic choice”.

That gives Brussels power it should use – to suspend talks if the assault on Ms Tymoshenko continues. Trade privileges should be linked to values. And the values displayed in this case fall far short of those demanded by the EU.

Financial Times, July 21, 2011

Letter

Tymoshenko is side issue for EU Ukraine policy

From Ms Amanda Paul.

Sir, With reference to your editorial “Ukraine has its Yukos moment” (July 20): for the European Union to base its relations with Ukraine viewed through the prism of the trial of former prime minister Yulia Tymoshenko would be a grave error of strategic judgment.

By suspending talks on an association and deep and comprehensive free trade agreement (DCFTA), the EU would be risking not only its relationship with the most important country in its eastern neighbourhood but also the credibility of its entire eastern neighbourhood policy.

Unfortunately, certain politicians and political groups in the EU, those that are either close to the Tymoshenko bloc, or who reject the idea of Ukraine one day receiving a membership perspective, are using the case to sabotage Ukraine’s efforts to further integrate into the EU – something that has speeded up since President Viktor Yanukovich came to office. Ukraine carried out more reforms demanded by the EU in the last year than in the entire period under its previous leadership. There remains balanced media coverage and lively political debates on television. Regular street protests demonstrate that the right to assembly remains strong, and civil society continues to function actively.

While Mr Yanukovich has done himself no favours by pursuing Ms Tymoshenko so fiercely, it is not the EU’s job to act as a tribunal. While Ukraine is far from perfect, it has taken on obligations similar to those requested of EU candidates without receiving the same assistance. Conclusion and implementation of the DCFTA would significantly strengthen ties, given that historically a free trade area is the first core element of EU integration. It would offer the EU more leverage on Ukraine, while the related reforms would reduce corruption and improve the rule of law and democracy.

Amanda Paul,

Policy Analyst,

EU Eastern Neighbourhood, Russia, Turkey & Eurasia Issues,

European Policy Centre,

Brussels, Belgium

Financial Times, 22 July 2011

Letter

Government of Ukraine respects judicial process

From Mr Volodymyr Khandogiy.

Sir, I am writing to take issue with your editorial’s exaggerated comparison of the trial of Yulia Tymoshenko to that of Mikhail Khodorkovsky (“Ukraine has its Yukos moment, July 20”). This claim is inapposite, misleading and ultimately false.

Unlike Vladimir Putin, who repeatedly voiced his opinion throughout the Yukos trial, President Viktor Yanukovich has refused to comment on the current proceedings against Ms Tymoshenko, and neither will I. In this country the executive branch of government respects the judicial process?and?does?not interfere or attempt to manipulate events.

Since Mr Yanukovich was elected last year, he has striven to reform Ukraine, to introduce both economic liberalisation and anti-corruption measures. Judicial reform is part of the programme as much as pension reform.

Ukraine is fully committed to democratic values, and this includes due process for all individuals accused of criminal wrongdoing. Since the start of investigation by prosecutors, Ms Tymoshenko has spoken freely to media and to her supporters. She is not and has never been placed under arrest. This is far from the circumstances surrounding Mr Khodorkovsky, who was arrested by masked commandos, jailed and then “caged” during his trial. There is no comparison whatsoever between Yukos and the open process taking place in Ukraine.

As you mention, Ukraine is pursuing stronger ties to Europe, with the ultimate goal of integration. Our commitment includes not just tangible internal reforms, but also a commitment to our shared values with Europe, a commitment to democracy, free expression and human rights. Western policymakers have recognised Ukraine’s progress in deepening relations with the European Union. I hope your esteemed journal will see this process and in time avoid unfortunate mischaracterisations such as the Yukos reference.

Volodymyr Khandogiy,

Ambassador of Ukraine to the UK