President Volodymyr Zelensky declared that the appointment of Arsen Avakov to the position of the minister of interior is transitional and temporary. However, the “temporary” Avakov has already broken the record of the longest-serving minister of the interior in Ukrainian history. During Zelensky’s presidency, Avakov has not surrendered even a bit of his power and even steadily grabs more and more political influence, reaching far behind his competence as a minister. The main tool for increasing his political weight is excessive control over the National Guard and law enforcement.
Personal army
Besides the National Police, one of the main aces up Avakov’s sleeve is the National Guard of Ukraine. It is a military unit with law enforcement functions which has more than 60,000 troops. At the beginning of his presidency, Zelensky registered the draft law aiming at the exclusion of the National Guard from the Ministry of Interior and putting it under direct subordination to the president like other military units. It was perceived as a measure to limit the powers of the newly “reappointed” Avakov. However, half a year after the submission the draft law stays in the parliament without any movement and prospects of adoption.
Even more so, Avakov wants more powers to the National Guard which stays under his direct control. Last week the parliament considered the draft law “on intelligence” in the first reading. The Rada Security Committee proposed to provide the National Guard with the status of the military intelligence unit. The proposed wording of the provisions is so broad and general that in practice it can go far beyond the scope of intelligence during performing military tasks and turn into abuse. For instance, the National Guard will be able to have a secret budget for procurements and deployment of agents to various entities abroad and in Ukraine, including foreign embassies, in order to perform intelligence tasks. Given the fact that most intelligence information and activities will be out of the prosecutor’s control, this parallel system receives a powerful and uncontrolled instrument of influence.
In addition to his direct influence over the militarized National Guard, Avakov also managed to create under the control of the Interior Ministry private security units. Journalists have exposed the existence of departments of the paramilitary “security of life” under police control. This contradicts the law.
‘Protection’ of economy
The most common instrument to extort the businesses was the Department of Economic Protection, which until recently was functioning within the National Police. The department was investigating economic crimes, from banking cases to so-called to conversion centers. In these cases, police often cooperate with the Security Service of Ukraine, namely the notorious K department. In September, shortly after the formation of the new government, the department was abolished. To substitute it, parliament was expected to pass a law to set up a Bureau of Financial Investigation.
However, the draft law on the Bureau of Financial Investigation was effectively overridden by members of parliament Denys Monastyrskyi and Olga Vasylevska-Smagliuk. Monastyrskyi is the head of law enforcement committee, whom media believe to be part of Avakov’s group. Vasylevska-Smagliuk is believed to be part of billionaire oligarch Ihor Kolomoisky’s group. Such a tandem seems to be very harmonious as Avakov tries to maintain control over economic investigations, and for an oligarch, this is important, as a number of criminal proceedings related to Privat group would fall under the control of the bureau.
After the long discussions, the financial committee dropped the draft law. As of now, the parliament is waiting for a new version from the president.
Meantime, despite the abolition of the Department of Economic Protection, the police are still actively investigating economic crimes and will continue to do so until they are handed over to the Bureau of Financial Investigation, or SBI. Setting up a new investigative body can take months if not years, which also plays into Avakov’s hands.
Footprints in the State Bureau of Investigation
It is no secret that from the moment of establishment, the control over the SBI was secured through the quotas of two political forces, ex-President Petro Poroshenko’s bloc and the Narodnyi Front, with which Avakov is associated. After losing the presidential election, Poroshenko’s quota melted away, but Avakov’s quota remained with him.
After the dismissal of the infamous SBI’s head Roman Truba, former Servant of the People member of parliament Iryna Venediktova took his office. According to the electronic declaration, her husband is an employee of the National Police’s cyber police department. He is, in fact, helping his wife to “tidy up” the bureau. Truba’s former deputies, Olga Varchenko and Oleksandr Buryak, also remained in power. They just headed the departments. Buryak came to the SBI under the quota of the Narodnyi Front.
Pressure over anti-corruption institutions
In late December, it became known about the decision of the Court of Appeal, which found that the National Anti-Corruption Bureau of Ukraine head Artem Sytnik guilty of committing a corruption offense. As a result, he was put into the registry of corrupt officials, which became another occasion for talks about his dismissal. The less-known fact is that the case and Sytnyk’s persecution was orchestrated by the National Police.
It is NABU that poses the greatest threat to the notorious minister. In the infamous “backpack case,” it was the minister’s son and minister’s ex-deputy who were suspected, after which the case was dumped by the Special Anti-Corruption Prosecutor’s Office just before going into trial. The expert, who prepared the conclusion that the price and quality of the backpacks were inadequate, was persecuted by the police. At first, she was found with a drug-raiding night search. Later at the hospital, she was handed over with notice of suspicion of fraud for Hr 5,000, which she did not even receive. In spring 2019, the case was sent to court, but the trial has not yet begun.
Among the cases currently investigated by NABU, there is at least one that may be personally related to Avakov’s interests. It is a scandalous purchase of Mitsubishi cars for the police worth nearly one billion hryvnias.
And when it comes to pressuring the NABU, the minister has a number of influential allies who are also ready to tap into all possible resources. First of all, this is Kolomoisky, because NABU has all criminal proceedings related to PrivatBank and Ukrnafta.
‘MPs squad’ in parliament
According to media reports, Avakov does not have control over many MPs. But what is important is that they are represented by different factions and important committees. For example, Denys Monastyrskyi is MP of the president’s Servant of the People and chairman of the crucial law enforcement committee. In the same committee, there is Avakov MP from the same party, Oleksandr Bakumov. MPs from Opposition Bloc Illia Kiva and Hryhoriy Mamka are also related to the minister. MPs groups For The Future and Trust are also favorable to Avakov.
The role of the Law Enforcement Committee is, in fact, very important, as it passes all the draft laws on amendments to the Criminal and the Criminal Procedure Codes as well as other laws regulating and overseeing law enforcement. This Committee actually distorted the abolition of the parliamentary immunity, and the Monastyrskyi personally submitted an amendment that would have abrogated the right of autonomous wiretapping for NABU.
Unthinkable power grab
Quite paradoxically is that Avakov, as one of the most distrusted and least popular politicians in Ukraine, gains more and more power. It is clear that the “interim” minister is eagerly seeking to reach absolute power. He does not stop on control over National Police and getting incredible and unaccountable powers for the National Guard. He seeks control over all law enforcement bloc and beyond. Undoubtedly, this opens up great opportunities for control over the country, its internal and external politics. At the moment, the only real and effective opposition to Avakov is civil society, which keeps demanding his resignation and consequential police reform.
Tetiana Shevchuk is a lawyer with the Kyiv-based Anti-Corruption Action Center.
