Yo-Yo Elite Employment – Ukraine

BY NIKOLAI HOLMOV 

Many western readers can identify with “revolving door” employment, whereby senior legislators and/or civil servants leave the public sector to take up senior appointments in the private sector, or vice versa.  Whilst occasionally industry specific – former energy ministers to energy companies or finance ministers to banks etc, , clearly the industry that “lobbying” has become has the widest scope to facilitate such career moves and corporate strategies.

Ukraine suffers from Yo-Yo employment – whereby it is seemingly almost impossible to sack senior officials, be they politicians, judiciary, military, those of the lofty entrenched ranks within the prosecutors office, the civil service or State Owned Enterprises.

Of course if the Ukrainian State would actually jail senior officials rather than sack them to simply see them returned by various methods, it would perhaps be a little harder for these people to “Yo-out” before being allowed to “Yo-back in”.

Indeed it could be argued by the cynical, that the entire system is deliberately set up to insure sacking senior people is exceptionally difficult – regardless of sins committed.

For example, a long standing, corrupt to the core, connected politician can be sure of reelection by engineering a place high enough on any party list via the proportional representation vote should they consider their chances slim by way of first past the post/single mandate election.

Senior police officers deemed unworthy of the police service have been sacked, simply to see the corrupt courts state their sacking unlawful and rule for their reappointment.  As stated a month or so ago – “Take the on-going saga of police reform as an example.  Thousands of police officers have been sacked either for questionable and unconvincingly explained wealth, professional inability, or simply criminality.

Many of those sacked have appealed to the corrupt courts of Ukraine that have stated they have been wrongly sacked and must be allowed to return to their previous positions.  This had led to Khatia Dekanoidze the Chief of the National Police of Ukraine to state she will sack these people again.  When she does, a reader can guess how the courts will rule – again.

And so it goes on”

“And so it goes on” indeed – Chairman of the District Administrative Court of Kiev, Pavel Vovk, has called for the National Police Chief Khatia Dekanoidze to be called to criminal account for her criticism of the courts and judges.  Her response to the “learned” Judge thus –“Judge Vovk calls for bringing me to criminal responsibility.  An appeal to remove me from office, and to prosecute because of the criticism..

I am not going to enter into polemics with the person to whom the Ukrainian society has already issued its verdict.

“I’m more worried about revenge of the old system than statements of reputationally bankrupt bureaucrats.”

It should be noted that one of the senior police officers fired by Ms Dekanoidze whose reinstatement was ruled in favour by the courts is indeed a friend of Judge Vovk.

Indeed Judge Vovk is something of a Yo-Yo himself, and Ms Dekanoidze is not far off the mark regarding society’s verdict about him.  The Higher Qualification Committee of Judges has apparently suspended Judge Vovk no less than six times thus far, yet continue to avoid making any decisions to dismiss him, nor impose any other form of discipline.

A cynical reader may ponder just what Judge Vovk has on others regarding “kompromat”, or alternatively just whom is keen upon Judge Vovk remaining their puppet Judge.

It will be interesting to see what happens if/when Yuri Lutsenko becomes Prosecutor General (possibly within the next 2 weeks) – for it was Judge Vovk that jailed him for 4 years under the Yanukovych regime.  There are old scores to settle.

Indeed, how people such as Roman Nasirov remain head of the State Fiscal Service may also perplex a reader (though a cynical reader may believe that he remains in place as part of a grubby political deal to insure sufficient votes for the new Cabinet from otherwise hostile political positions).

As the top SOE management are often associated with facilitating the requirements of the vested interests and/or oligarchy that placed them in their roles, or bought their souls when they reached such dizzy management heights, every effort will be made for them to keep their jobs, and if they can’t be kept, then to insert them into another SOE to serve nefarious interests there.

As the Odessa Regional Prosecutor drama surrounding Nikolai Stoyanov ably displayed, lustrated does not necessarily mean lustrated – unless it is enforced by public protest, the Ministry of Justice and presidential intervention eventually in order to win the day.

In short, sacked it appears, often does not mean sacked.  To be fired is often a temporary thing.

Indeed, it is not only national management that has trouble sacking people permanently.  It appears that even Presidential Decree is not enough to remove somebody from their post.  On 15th April 2016, Commander of the Naval Forces of Ukraine Vice-Admiral Sergei Haiduk was sacked by Presidential Decree – the Decree stating thus “Considering the position of volunteers and the public and system deficiencies in the performance of official duties, as well as low credibility among office staff, decided to dismiss Sergei Haiduk from office of the commander of naval forces.”  

A new Commander has been appointed, but it is an open secret in Odessa that Sergei Haiduk still goes to his office, has not removed any of his possessions from that office, and intends to hang around wanting to take part in the 9th May Victory Day commemorations at the very least.

In short for almost one month, even when dismissed by Presidential Decree, former Commander of the Naval Forces of Ukraine Vice-Admiral Sergei Haiduk still “has not left the building”.

(Despite the diplomatic wording for his dismissal within the Presidential Decree, the reasoning is more specifically a known pro-Russian leaning, deliberate reform obstruction, and nepotism – as became public knowledge in January 2016 when a public petition to sack him for these very reasons began to gather momentum.)

A change of President may see him return to a senior naval role once more – as would be expected by decades of Yo-Yo employment precedent.

It may be Ms Dekanoidze will win the day over sacked really meaning sacked within the National Police, particularly with the probable appointment of Yuri Lutsenko as Prosecutor General – Judge Vovk may finally receive the official verdict that public opinion long since ruled.  Anything resembling a genuine lustration of the judiciary would have seen Judge Vovk go long ago – rather than being subject to half a dozen suspensions.

Open party lists may yet grace the proportional part of the electoral system, thus removing the “safe” reelection route for the worst of the worst of the political class.

Perhaps former Commander of the Naval Forces of Ukraine Vice-Admiral Sergei Haiduk will eventually leave the building as demanded a month ago by Presidential Decree.

Maybe those “owned” within SOEs will one day be forced out and remain forced out of such companies.

It could be that pigs may eventually fly and senior officials actually be jailed for significant lengths of time.

In the meantime a reader is left to marvel (or perhaps convulse) at the Yo-Yo employment of the most senior, most odious and most corrupt in Ukraine.

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