On November 23, the world celebrates the International Day Against Impunity – a reminder that no crime should go unpunished and justice should be accessible to everyone. However, when it comes to Ukraine, this question sounds particularly acute. Have all the officials, deputies and judges suffered the well-deserved punishment for the crimes they committed? Has it been possible to break a system where the world’s powerful often remain untouched? Has impunity ceased to be an invisible “roof” that covers violators of the law? Let’s try to understand how the country copes with this problem and whether there is hope for real justice.
Impunity in numbers: an illusion of struggle or real progress?
Everyone knows that there is an atmosphere of impunity for corruption in Ukraine, and the struggle of the Ukrainian authorities with corruption crimes is often reduced to loud statements that rarely turn into real actions. The situation looks like a constant game of catch-up, where the corrupt are always one step ahead, and the public increasingly loses faith in justice. Although data on the activities of anti-corruption bodies show some progress, the depth of the problem remains enormous.
In the first half of 2024, the National Anti-Corruption Bureau of Ukraine (NABU) launched 323 new investigations against officials, in which 166 suspects appear. 64 cases were brought to court, 27 guilty verdicts were issued and 36 people were punished. Head of NABU Semyon Krivonos at a press conference reported, that among those sent to the dock are 7 high-ranking state officials, including officials of the “A” category, people’s deputies and representatives of various state bodies. Also under investigation were 6 top officials, 11 heads of enterprises, 5 judges and 5 deputies of regional councils. That is, the numbers are impressive! Only a few of those punished among a large cohort of corrupt people! At the same time, only 64 cases were referred to the court, and 36 people were punished, that is, others “resolved their issue” in the process of pre-trial investigation.
In addition, at least 54 deputies of the Verkhovna Rada of the 9th convocation were suspected of committing criminal offenses. By data NABU, this is one in eight people’s elected officials — a figure that is hard to ignore. Another 19 deputies became involved in investigations conducted by the State Bureau of Investigation. However, this is far from a complete list, because the general statistics do not include the proceedings of the SBU, the Office of the Prosecutor General, and other law enforcement agencies. There is no doubt that the real number of suspects is much higher, but there is no systematic accounting and openness.
It should be noted that the cancellation of parliamentary inviolability, which was promised by politicians for a long time, created the appearance of progress. The number of criminal cases is increasing, but most of them are either stuck in the courts or do not reach verdicts. The reason is simple: circular guarantee and opacity of procedures. At the same time, the names of the suspected deputies remain behind the scenes. Current legislation prohibits their disclosure until the sentencing. At the same time, in response to requests from the media and public organizations, the Prosecutor General’s Office and the Security Service of Ukraine state that they do not keep separate records of suspected parliamentarians. This lack of transparency allows the status quo to be maintained, and suspects often remain in their positions, influencing the investigation through their power and connections.
The impunity of even those who are formally deprived of immunity creates a threatening precedent. This is a signal not only to political elites, but also to society as a whole: the law is selective, and justice depends on status and connections.
Most of the indictments hang in the courts for years, and the sentences handed down mostly concern middle-ranking officials, while the top corrupt officials remain untouched. This raises a natural question: is the system really ready to break the circular guarantee?
It should be noted that the impunity of officials in Ukraine affects not only the sphere of corruption. Systematic violations of the law are observed in many other areas. For example, environmental crimes are another painful topic. In recent years, Ukraine has faced large-scale illegal deforestation, which is destroying the ecosystems of the Carpathians. The organizers of these crimes are often representatives of local authorities who cooperate with “gray” loggers. Despite numerous revelations, only a few real sentences have been handed down.
The situation with infrastructure projects causes no less indignation. In many cases, the financing of large construction projects is accompanied by non-transparent tenders, overestimation of estimates and poor performance of works. For example, in 2023, more than 100 million hryvnias “disappeared” from the estimate of one of the road reconstruction projects in Odesa. Instead of investigating and punishing the guilty, the situation was limited to transferring the case to the status of “long-term study”.
Impunity of judges: “a crow does not win a crow’s eye”
The impunity of judges in Ukraine is one of the most acute and deep-rooted problems undermining citizens’ confidence in justice and fairness. This system is very eloquently emphasized by Ukrainian proverbs: “a raven does not wink at a raven”, “a dog does not bite a dog’s tail”, “one is not an enemy of his own”. The system in which “hand washes hand” not only remains untouched, it actively protects its representatives from liability. Judges, who should stand guard over the law, often become its violators, avoiding punishment thanks to complex corruption schemes and circular bail.
During eight months of 2024, the Supreme Council of Justice approved decision on dismissal of 186 judges. Under general circumstances, 162 judges were dismissed, while only 20 were dismissed for making a significant disciplinary concession. It is not difficult to guess that this is just a drop in the ocean.
Let’s give vivid examples. In 2016, Oleksandr Buran, judge of the Malinovsky District Court of Odesa, was detained while receiving a bribe of $500,000. During the arrest, the suspect even opened fire, trying to escape from the law enforcement officers. Despite the resonance of the case, due to the protracted proceedings and procedural nuances, the court has not yet issued a final verdict. His lawyers constantly appeal to the state of health of the defendant.
Judge Tatkov, who was accused of large-scale corruption schemes and abuse of influence, escaped responsibility by leaving the territory of Ukraine in time. Despite official suspicions from the National Bureau of Investigation, he is abroad, and his case is making almost no progress.
In May 2023, it became known about a tragic incident when Judge Tandyr, while driving under the influence of alcohol, hit and killed a National Guardsman. The case gained wide publicity, but despite the obvious guilt, Tandyr tried to avoid responsibility through legal loopholes. As of today, the case remains pending, and his lawyers are doing everything possible to delay the process.
Although the judges were not directly charged in this case, numerous testimonies pointed to their complicity in corruption schemes. Judges systematically ruled in favor of prosecutors accused of extorting and receiving bribes. None of the judges who participated in the coverage of the case were held accountable.
In 2020, judge Lazyuk was exposed for a $10,000 bribe for a “necessary” decision in a civil case. Despite the fact that the money was found during the search, the judge claimed that it was a provocation. After years of consideration, the case stalled, and Lazyuk continued to work.
These examples are only the tip of the iceberg in a system where interconnectedness, circularity and corruption are becoming the main mechanisms for avoiding responsibility. Most of such cases remain in the shadows, because it is extremely difficult to catch a judge red-handed. Judges are masters of complicating their criminal actions, using knowledge of laws and methods of avoiding investigations. They carefully plan meetings, choose deserted places, check devices for eavesdropping and even use additional phones for “clean” communication.
Bribery schemes often have a well-honed structure that works almost automatically. The most common way of transferring money is through “runners” and “rishals”: an employee of the office transfers a bribe from them to the judge’s assistant, and she – directly to the judge. They are already afraid to do it directly, especially because of the activity of NABU. In some cases, bribes are left in “bookmarks” – under slabs in cemeteries or in other hidden places. Average prices are about five thousand dollars per case, if it is not too high-profile. In the district courts, the prices are lower, but the principle of action remains unchanged.
If someone thinks that bribes are given only to achieve illegal decisions, then this is a misconception. Often, money is demanded even for a completely legal decision. Judges are well aware of their monopoly on justice and the risks associated with their activities, so they carefully select clients. A simple person who has no connections or money will never reach a judge.
Andriy Sinyuk, deputy head of SAP, emphasizes: “Judges are lawyers who know all the intricacies of the law and methods of conducting investigations. They build schemes to avoid exposure. In such conditions, it is almost impossible for an average person to achieve justice.” This is confirmed by numerous investigations.
The atmosphere of impunity is fueled by circular bail. Colleagues-judges are often not ready to condemn their own, because this creates a precedent that can work against them. At the same time, judicial self-government often becomes a shield for those who violate the law, rather than a tool for cleaning up the system.
Law enforcement officers: the law is not written for them
The Ukrainian law enforcement system has repeatedly demonstrated its powerlessness in bringing to justice not only judges, but also representatives of their ranks – the heads of the police, the prosecutor’s office, the State Bureau of Investigation (SBI) and the Bureau of Economic Security (BEB). These structures, which are supposed to be the guarantors of the law, often themselves become the source of violations, and at the same time their representatives avoid punishment.
Often law enforcement officers occupying high positions use their powers for corruption schemes, crushing businesses, criminals or personal enrichment. There are known cases when bribes were transferred through intermediaries, and meetings to discuss “cases” were organized in deserted places or outside offices. Sometimes corruption schemes are complicated to the level of shadow management, where the participation of police chiefs or prosecutors becomes an integral part of the process.
In situations with law enforcement officers, as well as with judges, the real obstacle to punishment is circular bail. Many investigations stop midway because the investigators and prosecutors who should be handling the case work in the same environment as the suspects. “He will not surrender his own” is not just a catchphrase, but the reality of the entire system. Even if the case goes to court, the suspects’ lawyers, often with access to leaks, successfully defend their clients.
For example, in many cases, those involved from among the heads of the police or the prosecutor’s office continue to hold their positions even after the charges have been served. Formally removed, they often influence the course of the investigation through connections or using their own knowledge of the system. Moreover, a significant part of such cases are closed due to a lack of evidence, which is the result of deliberate sabotage or information leakage at the stage of the investigation.
The consequences of this systemic impunity destroy public trust in law enforcement agencies. When those who are supposed to enforce the rule of law become lawbreakers themselves, citizens feel defenseless against the system. Ultimately, this reinforces a corrupt vicious circle where law enforcement officers go unpunished, undermining any chance of real change.
Why does impunity remain widespread?
The answer to this question lies in a complex of factors. First, the judicial reform is not effective enough, which has not yet created a system capable of working independently of political influence. The lack of clear accountability for officials, deputies, judges and law enforcement officers only strengthens corruption, creating a closed circle of mistrust. Second, there is weak political will at the highest level: the fight against corruption is often used as a PR tool, rather than a real priority. Declarations sound loud, but there are few real actions or completed cases. This is not beneficial to anyone. Third, low level of public control: impunity thrives where there is no constant public pressure and demand for transparency. Society still tolerates corruption as an “integral part of the system”.
It should be noted that impunity affects not only officials, it is a systemic problem in Ukraine, a disease that permeates the entire state system and paralyzes the rule of law. Why is this era still going on? The answer is simple and at the same time painful: a circular guarantee that the authorities do not want to break, because it is unprofitable. Inviolability is provided by connections, the fear of losing one’s position or causing a chain reaction of revelations that will affect many.
Impunity has serious consequences. It undermines citizens’ trust in state institutions, forcing people to seek justice outside the legal system. This contributes to the growth of legal nihilism and creates the impression that the law exists only for the “little people”, while the big players can avoid punishment without any consequences. The economic consequences are no less significant: investors are afraid to invest money in a country where the law does not apply, and corruption remains the main tool for solving issues.
Worst of all, impunity demotivates honest government employees who witness their colleagues breaking the law, taking bribes and remaining untouchable. This creates a culture of cynicism and despair that poisons the system from within.
When will the era of impunity end? When there will be real political will, where the fight against corruption will be a priority, not a PR campaign. When there will be an independent and honest judicial system that is not afraid to expose the highest official levels, as well as real fair sentences, regardless of position or status. At the same time, public pressure is extremely important in this matter, but effective, and not from paid pseudo-activists. Only a society that will not be silent, that will come out of indifference, is able to break this system. The public must actively put pressure on the authorities, demand results and not allow key players to avoid responsibility. Until all this becomes a reality, Ukraine will remain hostage to corruption and legal arbitrariness.
The International Day Against Impunity is a reminder not only of the importance of justice, but also that impunity is one of the greatest threats to democracy and the rule of law. As long as officials and law enforcement remain outside the reach of the law, no reforms will bring the expected result. Real change requires a new culture of intolerance to corruption and respect for the law. And that is why the fight against impunity should become a common cause of all Ukrainians.
