Kravchenko exit opens fight over Ukraine’s next prosecutor general — NV analysis
Nation9 September, 01:05 PM
On the evening of Sept. 7, Prosecutor General Ruslan
Kravchenko, amid a high-profile NABU and SAPO investigation in the Operation
Carthage case into alleged protection of call centers by representatives of the
Prosecutor General’s Office, submitted
his resignation. He called it a “political decision” that he made
“deliberately.” The process of reaching that “realization” appears to have
involved President Volodymyr Zelenskyy himself — at the very least, Kravchenko
met with the president.
“I had a fairly long meeting with the prosecutor general. He
wrote the relevant resignation letter, and the motion will be sent to the
Verkhovna Rada,” the
president said.
Just a day earlier, Kravchenko had said he had no procedural
status in the Operation Carthage case, viewed the situation surrounding him as
an attempt at political pressure and did not plan to resign.
Over the weekend, NABU and SAPO carried out searches at
locations linked to Kravchenko, his deputy Mariia Vdovychenko and Oleh Kiper,
head of the Odesa Oblast Military Administration. The previous day, the High
Anti-Corruption Court ordered the case’s main suspect, Serhii Kropyva, head of
the Prosecutor General’s Office cyber department, held in custody, with bail
set at 120 million hryvnias. The court also ordered his live-in partner
Yelyzaveta Ivakhnenko and driver Serhii Kutsyi held in custody.
A meeting of the Verkhovna Rada’s law enforcement committee
was scheduled for Sept. 8, and Kravchenko even attended, prepared to answer
questions about Operation Carthage. But an NV source on the committee who
agreed to speak anonymously said the meeting was opened and quickly closed —
apparently to keep Kravchenko from saying too much and having the information
spread through the media.
Lawmakers ultimately decided to hold an emergency committee
meeting once the president submits a motion seeking parliament’s consent to
dismiss the prosecutor general.
Dismissing Kravchenko will not be difficult for the
president. The harder question comes next: If the current head of the
Prosecutor General’s Office is removed, who will fill the vacant seat?
Temporary solution
Under Zelenskyy, every prosecutor general has ostensibly
resigned of their own accord, Tetiana Shevchuk, a lawyer and board member of
the Anti-Corruption Action Center, told NV.
“Without Zelenskyy, he would not have written that
resignation,” the law enforcement committee member said. “He spent two days
dodging it any way he could until they summoned him and told him to write the
letter. He never would have written it if there had been no political
pressure.”
The president must now send the motion to the Rada, and
lawmakers must vote to dismiss Kravchenko. The vote could take place as early
as next week, when parliament is in plenary session. NV’s sources are confident
lawmakers will provide the necessary votes.
The law enforcement committee source, however, doubts that a
new prosecutor general will also be appointed next week.
“They don’t have anyone,” the source said.
That means the Prosecutor General’s Office will be led by an
acting chief for now. By law, that should be First Deputy Prosecutor General
Mariia Vdovychenko. But European Solidarity lawmaker Oleksii Honcharenko said
she has submitted her resignation. Vdovychenko has not been named a suspect but
appears on NABU and SAPO recordings. A search also uncovered jewelry and
expensive watches, including Rolex watches, which investigators allege Kropyva
gave her for her birthday. Investigative journalists have also described an
extensive network of Vdovychenko family ties extending into Russian state
agencies.
NV sources therefore believe one of Kravchenko’s other
deputies will most likely become acting prosecutor general.
Searching for options
Kravchenko was once close to Odesa Oblast Military Administration
head Oleh Kiper, according to NV sources. Former presidential chief of staff
Andriy Yermak lobbied for Kravchenko’s appointment to the Prosecutor General’s
Office. Yermak is no longer at the Presidential Office, so a potential
candidate for prosecutor general could come from Deputy Presidential Chief of
Staff Oleh Tatarov’s “quota” or be backed by parliament. Shevchuk said
lawmakers would prefer to see one of their own in the job, with Servant of the
People lawmaker and law enforcement committee chair Serhii Ionushas among the
possible candidates.
A source on the Rada law enforcement committee said Ionushas
has indeed been put forward for prosecutor general several times. But the
source was adamant that “this is absolutely not the job for him — he can’t
manage the committee.”
Shevchuk added that Servant of the People parliamentary
faction leader David Arakhamia definitely wants “his own” prosecutor general
amid rumors of possible investigations involving him.
“Other positions in the law enforcement system do not matter
as much to lawmakers, but the prosecutor general is the person who authorizes
criminal investigations, effectively controls parliamentary immunity and enters
cases in the register of pretrial investigations,” Shevchuk said. “For many
lawmakers, that is their guarantee of safety.”
As for Tatarov’s possible candidates, Shevchuk believes he
would most likely promote someone from among the heads of regional prosecutor’s
offices or departments of the Prosecutor General’s Office. She added that
Kravchenko had “reshuffled” personnel around himself over the past year, making
it difficult to determine which officials in the office are close to the deputy
presidential chief of staff.
An office of ‘loyalists’
Finding a candidate is the tactical problem. There is also a
strategic one: Shevchuk believes that under the current system and procedures,
any future prosecutor general will remain dependent on either the president or
the parliamentary coalition.
“Under every government we have ever had, the prosecutor
general has always been their own loyalist,” the law enforcement committee
member who spoke to NV anonymously said.
None of Ukraine’s prosecutors general over the past 12 years
has served a full term, Shevchuk stressed.
“Our problem is much broader than simply the individual
prosecutor general. It is the procedure itself and the excessive politicization
of the position,” she said. “The prosecutor general enters political service to
the president or the ruling coalition. In return for those services, he gets
carte blanche to engage in corruption.”
Shevchuk believes the problem can be solved only by changing
the appointment procedure, one of Ukraine’s commitments on its path to European
Union membership. A bill has already been registered in the Verkhovna Rada that
would introduce a transparent competitive selection process for prosecutor
general and strengthen guarantees of the officeholder’s independence.
Shevchuk is confident Ukraine will adopt changes to the prosecutor
general selection process but would not predict when.
“Under the schedule, it is supposed to happen next year. But
why put off until next year what can be done now?” she said. “Sooner or later
it will happen, like all the other reforms in this sector that face a lot of
resistance. There are things more important than some lawmakers’ desire not to
go to prison.”
The lawyer believes the change will not come easily because
Zelenskyy “will not simply give up” his influence over the appointment and “will
not depoliticize this position.”
“How quickly will the Rada do it? It will be just like
Kravchenko’s resignation: denial, bargaining, aggression, then passage of the
necessary bill,” Shevchuk added.
NV’s source on the law enforcement committee also supported
an open competition for the post but said the relevant bill would not be
adopted anytime soon.
“If they are required to pass it within six months to a
year, they will,” the lawmaker said. “But it has to be a priority. Every time
something comes to light, we get hammered for it. Then everyone forgets about
it until the next media wave.”
The source said the law needs to be modernized, starting
with changes to competitive selection commissions and the composition of the
Qualification and Disciplinary Commission of Prosecutors.
“The entire prosecution system needs to change. We
definitely need competitive selections — some kind of public councils focused
on integrity, but proper ones,” the lawmaker added.
‘The same crowd remains’
“You walk into the Prosecutor General’s Office and it is
basically a fashion house. Remember when Iryna Venediktova was prosecutor
general in 2020–2022 and sat there saying she wore fakes,” the Rada law
enforcement committee source told NV. “We are all fixated on Kropyva now, but everyone
has forgotten that we already had the same ‘diamond’ prosecutors. Remember all
that bling. Remember former prosecutor Dmytro Sus, who registered an Audi to
his 86-year-old grandmother.”
“Governments change, people change, prosecutors general
change, but the same crowd remains. If we do not change that, nothing will
change. We can appoint 150 different prosecutors general if we want,” the NV
source said.
The source said the next prosecutor general should therefore
work to clean up the system, including introducing polygraph testing and
integrity assessments for prosecutors.
If Kravchenko’s successor is a political appointee, that
person will carry out the formal and informal tasks assigned by the president
and the Rada, Shevchuk said. For lawmakers in particular, reining in NABU and
protecting someone’s interests is especially important.
But Shevchuk said the next prosecutor general’s real task
should be to shut down illegal call centers.
“The situation with them has really shown that the genie is
out of the bottle,” she said. “Protection by law enforcement has allowed them
to mushroom. And this has become an international problem for us.”
Another immediate priority for the next prosecutor general,
Shevchuk said, is addressing the confrontation between Ukraine’s SBU Security
Service and HUR. The head of the Prosecutor General’s Office is responsible for
overseeing such investigations and bringing the situation back within the legal
framework.