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Monday 2 November 2020

Can Zelensky redeem himself in the eyes of the Ukrainian people?

Today is the day before the critical US Presidential elections. That Putin is desperately trying to ensure a Trump victory is evidenced by the disturbing fact that,

 "Russian hackers are targeting hundreds of US hospitals and healthcare providers just as the coronavirus is making a comeback and the US presidential election is in its final stretch, officials from three government agencies and the private sector are warning.

The hackers typically use the TrickBot network of infected computers to penetrate the organizations and after further burrowing into their networks deploy Ryuk, a particularly aggressive piece of ransomware, a joint advisory published by the FBI, Health and Human Services, and the Cybersecurity & Infrastructure Security agency said." (Dan Goodin  (left): Ars Technica: 29 October 2020) (my emphasis)

 The question that needs to be asked is,

"Is it beyond the near absolute power of Putin to unleash his FSB and other agencies to stop this heinous crime being perpetrated by Russian hackers against US hospitals?

At nearly the same time as Putin's hackers were targeting US hospitals, RFERL reports that,

"Ukrainian President Volodymyr Zelenskiy and the Constitutional Court have clashed over a ruling to abolish some anti-corruption laws, as hundreds of protesters gathered in the streets of Kyiv over the decision.
...
In its ruling, the court said the punishment for false information on an official's asset declaration, as envisioned by the laws, was too harsh.

But Zelenskiy said the move could jeopardize vital international economic aid and called for lawmakers to dissolve the Constitutional Court because its decisions were "worthless." (RFERL : 30 October 2020) (my emphasis)

DW (29 October 2020)

 

The Chairman of Ukraine's Constitutional Court, Oleksandr Tupytsky (left), has retorted that Zelensky's dissolving of the CC,

".... has signs of a "constitutional coup," says CCU chair Oleksandr Tupytsky." (UNIAN : 30 October 2020) (my emphasis)

This is the same Oleksandr Tupytsky who,

"Chairman of the Constitutional Court of Ukraine (CCU) Oleksandr Tupytsky did not include in his assets declaration a land plot in the village of Koreiz in Russia-occupied Crimea, which he bought under Russian law in 2018." (UNIAN : 29 October 2020) (my emphasis)

Zelensky is, however, caught in an EU legal vice.

According to the Council of Europe's European Commission for Democracy through Law (Venice Commission),

"Terminating the mandate of the judges [of the Ukrainian Constitutional Court] is in blatant breach of the Constitution and of the fundamental principle of separation of powers. Violating the Constitution, even if for an arguably good cause, cannot lead to a culture of constitutionalism and respect for the rule of law, which the fight against corruption pursues," the officials wrote." (UNIAN: 31 October 2020) (my emphasis) 

Luckily for Zelensky, the Venice Commission has also to admit that,

"There can be no effective fight against corruption without an independent judiciary and respect for the Rule of Law. Equally, there can be no independent judiciary and respect for the Rule of Law when corruption is pervasive," (ibid UNIAN 31 Oct 2020) (my emphasis)

The land deal in Putin-occupied Crimea of the Chair of the Constitutional Court of Ukraine, Oleksandr Tupytsky, can be seen as nothing more nor less than an example of "corruption that is pervasive" within the Constitutional Court of Ukraine itself. 

The passing of this Bill to terminate the powers of the Constitutional Court will demand of Zelensky to replace it with new members very quickly.

The EU will be carefully watching who Zelensky will appoint to a new Constitutional Court.

And so will Putin.

And, who knows, so could a new US President Biden as Americans head for the polling booths tomorrow to elect the next US President.

Zelensky could redeem himself in the eyes of the people of Ukraine if his Constitutional Court appointees hold aloft the spirit of the Maidan Revolution of Dignity.

Will he be able to? 

(to be continued)

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