Leonid Kozhara - Foreign Policy Advisor to the Ukrainian President

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:00:05. > :00:15.with pleading on the brain. -- bleeding. It is time for

:00:15. > :00:19.HARDtalk. Ukraine has just held parliamentary

:00:20. > :00:24.elections. A cause for celebration, the flowering of democracy in a

:00:24. > :00:31.former Soviet republic? Not if you read the reports of international

:00:31. > :00:34.election monitors. Eight years after the Orange revolution, when

:00:34. > :00:40.some -- with some of the DUP mayor's leading critics serving

:00:41. > :00:47.long sentences in jail, has Ukraine made his choice? As it turned its

:00:47. > :00:57.back on membership of the EU? We have the man who advises the

:00:57. > :01:23.

:01:23. > :01:29.Welcome to HARDtalk. Initially, the day after these parliamentary

:01:29. > :01:33.elections at the end of last month, you held a press conference in

:01:33. > :01:38.which she said that until now, not one observer mission has expressed

:01:38. > :01:43.any significant remarks about the election. You got that one wrong,

:01:43. > :01:50.didn't you? There were a record number of international observers

:01:50. > :01:57.watching the Ukraine elections. 3,800, representing 35

:01:57. > :02:04.international organisations, and 28 countries. Many of them have

:02:04. > :02:10.already made their reports. Most of them are quite positive. The most

:02:10. > :02:15.important report of the lot talks about an abuse of power, I should

:02:15. > :02:19.say that we have not had the final results, but all the indications

:02:19. > :02:24.that it say your party is going to claim victory, it talks about an

:02:24. > :02:31.abuse of power, the excessive role of money in the election, that

:02:31. > :02:41.democratic progress in Ukraine seems to have been reversed.

:02:41. > :02:41.

:02:41. > :02:44.report is not ready yet. This was their interim report. It issues a

:02:45. > :02:51.statement the next day after the election. There is a lot of

:02:51. > :02:55.criticism. But at the same time, the statement says are that the

:02:56. > :03:00.election happened in a democratic and principled manner.

:03:00. > :03:04.statement says, 28th October parliamentary elections work

:03:04. > :03:08.characterised by the lack of a level playing field, caused

:03:08. > :03:12.primarily by the abuse of administrative resources, of

:03:12. > :03:22.campaigner party financing, and lack of balanced media coverage. It

:03:22. > :03:26.is a step backwards. Many observers in Ukraine state that the election

:03:26. > :03:32.happened in a transparent and democratic manner. Why do you think

:03:32. > :03:42.they said that? Wait for the final report. Do you think that they

:03:42. > :03:48.

:03:48. > :03:54.would change their opinion altogether? It is a mixture of

:03:54. > :04:00.stamens -- statements. It is not a report. It detectors recently, the

:04:00. > :04:09.report by the European Parliament, it is quite balanced. -- if you

:04:09. > :04:16.check. You talk about some positive comments. There is a welter of

:04:16. > :04:20.criticism. The head of the election monitors, he says, one should not

:04:20. > :04:26.have to visit a prison to hear from leading political figures in a

:04:26. > :04:31.country. Obviously talking about the jailing of Yulia Tymoshenko

:04:31. > :04:41.among others. That is a criticism that is unlikely to change come the

:04:41. > :04:42.

:04:42. > :04:52.final report. Why they should visit people in prison, is it normal

:04:52. > :04:57.

:04:57. > :05:02.procedure in the UK? The judiciary is an independent system. The

:05:02. > :05:06.uranium court, after a long investigation, sentenced the former

:05:06. > :05:13.prime minister to jail. -- Ukrainian court. Millions of people

:05:13. > :05:18.in my country believe that the court took a right decision. This

:05:18. > :05:21.is not a unique case in the European Union. We know just

:05:21. > :05:29.recently, two former prime ministers were sentenced to jail as

:05:29. > :05:34.well. I want to get into the issue of Yulia Tymoshenko in detail in a

:05:34. > :05:39.little while, but you point, you say that these are just interim

:05:39. > :05:44.findings, but it is unlikely they are going to change their position

:05:44. > :05:50.180 degrees. Let me talk to about something else that is raised by

:05:50. > :05:55.the head of the Elysee office for democratic institutions. He said,

:05:55. > :06:01.the lack of appropriate responses by the authorities to the various

:06:01. > :06:07.electoral violations has led to a climate of impunity, which

:06:07. > :06:14.significant -- significantly limit political pluralism. That is a

:06:14. > :06:18.pretty trenchant criticism of your political climate inside Ukraine.

:06:18. > :06:28.would like to stress that our judicial system is independent of

:06:28. > :06:33.political processes. If European politicians want to comment, please

:06:33. > :06:38.do. A D take these comments seriously? It is not the odd member,

:06:38. > :06:42.we are talking about Hillary Clinton, Catherine Ashton, the head

:06:42. > :06:49.of the European Union follows think this might foreign policy arms,

:06:49. > :06:54.talking jointly about their worry, they regret, their concern. Does

:06:54. > :06:59.that give you any pause for thought? Let's wait for the final

:06:59. > :07:09.report. Have they been presumptuous about talking about their worry and

:07:09. > :07:10.

:07:10. > :07:16.they regret and their concern? are rare member state. We should

:07:16. > :07:21.listen to what our colleagues from organisations where we are a member

:07:21. > :07:29.say about us. Hillary Clinton has already share it -- said, we shared

:07:29. > :07:35.the view of the monitors. It constituted a step backward for

:07:35. > :07:45.Ukrainian democracy. This is the US's top diplomat saying that your

:07:45. > :07:46.

:07:46. > :07:55.elections were a step backward. think it is a political statement.

:07:55. > :08:00.Again, the report is not ready yet. Let me give you one specific

:08:00. > :08:04.example, the behaviour of the prime minister's son, he gave every child

:08:04. > :08:10.in his county a satchel full be kitted out for school before the

:08:10. > :08:16.election. -- fully. The Independent court said it was not Bibury

:08:16. > :08:25.because children do not have the vote. -- not bribery. But their

:08:25. > :08:31.parents do. The law on elections was adopted with the vast majority

:08:31. > :08:38.in the parliaments with a constitutional consensus. Of course

:08:38. > :08:45.there are shortcomings in the law. But it got a positive assessment

:08:45. > :08:53.from the European institutions. I'm here to say that the government and

:08:53. > :09:03.the ruling party, we are committed to further reforming the electoral

:09:03. > :09:04.

:09:04. > :09:08.legislation in Ukraine. It is not just about electoral legislation.

:09:08. > :09:13.It is also about some pretty fundamental things. Let me bring

:09:13. > :09:21.you back to the case of Yulia Tymoshenko. You have already said

:09:21. > :09:26.this was a case that was settled by an independent court. And this is a

:09:26. > :09:30.member of the European relays -- called on foreign relations. It has

:09:30. > :09:40.demonstrated that Ukraine does not have a will of law, it is no rule

:09:40. > :09:40.

:09:40. > :09:46.of law at all. You cannot get more criticism than that. We have been

:09:46. > :09:56.going for a democratic way for 20 years only. We were part of the

:09:56. > :09:56.

:09:57. > :10:05.Soviet Union. We moved quickly into the way of democracy. So in the

:10:05. > :10:12.last years, Ukraine had many reforms. Today we are much closer

:10:12. > :10:16.to European standards. Much closer, and yet you have got Hillary

:10:16. > :10:21.Clinton saying that we call upon the Darfur of Ukraine to put an

:10:21. > :10:25.immediate end to the selective prosecution of political opponents.

:10:25. > :10:35.-- the government of Ukraine. She is talking about Yulia Tymoshenko

:10:35. > :10:36.

:10:36. > :10:42.among others. Ukraine is not unique. So the fact that other countries

:10:42. > :10:47.abuse human rights... she was convicted. Before that, the

:10:47. > :10:52.Romanian prime minister was also put in jail. That is why the case

:10:53. > :10:58.of Tymoshenko is not unique in Europe. But the difference is that

:10:58. > :11:02.large numbers of outside observers, including at the most senior level,

:11:02. > :11:08.they have not criticise the judicial process in Italy, but they

:11:08. > :11:13.have slammed the process in Ukraine. Do think they have got it in for

:11:13. > :11:17.Ukraine because of some silly reason? There is a significant

:11:17. > :11:22.difference between Italy and Ukraine. Italy is already in the

:11:22. > :11:32.European Union. Ukraine is only going to sign an association

:11:32. > :11:33.

:11:33. > :11:41.agreement. Ukraine is of a big interest for European Union

:11:41. > :11:50.countries. Our government, we are all committed to continue

:11:50. > :11:56.democratic reforms. Ukraine today is the most of as democracy, post-

:11:57. > :12:01.Soviet era. Off the Baltic states. You talk about the association

:12:01. > :12:06.agreement. I want to talk about that. Before we do, let's broaden

:12:06. > :12:10.the issue of human rights beyond Yulia Tymoshenko. Last year, you

:12:10. > :12:16.achieved the dubious distinction of making it into the general press

:12:16. > :12:19.release for Amnesty International's annual report. Of all the scores of

:12:19. > :12:23.countries they could have chosen, they said that our volunteer

:12:23. > :12:26.observers noted the deterioration of the situation with the

:12:26. > :12:33.observance of fundamental human rights, the number of allegations

:12:33. > :12:38.of torture, pre-trial detention centres. It increased last year.

:12:38. > :12:45.You talk about the steps you have made, but it seems you have gone

:12:45. > :12:54.backwards. On the contrary, the seed Ukraine has adopted a new

:12:54. > :13:03.Criminal Procedure in court. The last code was adopted in 1960. We

:13:03. > :13:12.are reforming our criminal system, investigation system, and the

:13:12. > :13:18.criminal proceeding code was prepared. European institutions to

:13:18. > :13:22.have said, in turn, that you had ignored their rulings in a way that

:13:22. > :13:27.does not just damage Ukraine, but undermines the whole European

:13:27. > :13:31.system of law. The European Court of Human Rights have had to handle

:13:31. > :13:36.down what is a private judgement against you, a way of trying to

:13:36. > :13:43.force you to comply with their rulings, because up until now, you

:13:44. > :13:53.had ignored a dozens of them. is why we are changing our

:13:54. > :13:55.

:13:55. > :14:00.legislation. In a few days, it will happen. This is a very big step

:14:00. > :14:07.away from the former Soviet system in Ukraine, and after the new code

:14:07. > :14:16.will be implemented, there will be less and less cases, as you

:14:16. > :14:20.The trouble is, as you often see in countries that are emerging, all

:14:20. > :14:25.say they are emerging, from repressive starts when they adopt

:14:25. > :14:29.new constitutions and new laws, they go through the show but

:14:29. > :14:35.essentially nothing really changes underneath because it is the same

:14:35. > :14:45.closed system of interest. Why should people believe that the new

:14:45. > :14:45.

:14:45. > :14:55.Ukraine process will be different? Ukraine has clearly shown that this

:14:55. > :14:56.

:14:56. > :15:03.is the most developing democracy. One example, Ukraine has the number

:15:03. > :15:10.four precedent now through its history. We had many times a

:15:10. > :15:16.transfer of power. -- president. My party, the ruling party, was two

:15:16. > :15:20.times in the opposition and this is a unique situation. Compared with a

:15:20. > :15:27.northern and eastern neighbours, for example. That me ask you about

:15:27. > :15:33.one specific case. The Russian opposition activist, who recently

:15:33. > :15:36.was in kier for attending to apply for asylum. He was, it seems,

:15:36. > :15:42.kidnapped by the Russian authorities and spirited back to

:15:42. > :15:47.Moscow, where he was tortured and confessed to organising riots. He

:15:47. > :15:50.was not extradited. Amnesty says that rather than request

:15:50. > :15:56.extradition, the Russian authorities bypassed any judicial

:15:56. > :15:59.or administrative process in getting him back to Moscow. That is

:15:59. > :16:05.clearly a legal. Are Ukrainian authorities going to investigate

:16:05. > :16:11.this? I am a politician, not a criminal investigator. Do you think

:16:11. > :16:16.they should? Absolutely. It is under investigation now. I have

:16:16. > :16:24.heard the statement by the officer of the prosecutor immediately after

:16:24. > :16:30.this case was reported. They start of the criminal investigation.

:16:30. > :16:34.Let's see what will be the conclusion. When it comes to

:16:34. > :16:41.investigating other abuses, within the Ukraine, there are a lot of

:16:41. > :16:47.people who say that there is an endemic culture of corruption. Take

:16:47. > :16:52.for example your law, nor number 9634, which places off state

:16:52. > :16:55.enterprises outside the law when it comes to tendering. In other words,

:16:55. > :17:00.they can dole out state funds without any accountability or

:17:00. > :17:09.competition. We are talking about tens of billions of dollars. Isn't

:17:09. > :17:13.this a charter for corruption? Ukraine is a young democracy.

:17:13. > :17:21.Corruption in the east - like in the post Soviet space goes down to

:17:21. > :17:25.Soviet times. We have been trying to fight corruption. But this is a

:17:26. > :17:31.law that specifically excludes state enterprises from having to

:17:31. > :17:36.tender for projects. So, they have got about two-thirds of public

:17:36. > :17:40.funds to disperse. Tens of billions of dollars. As I said, no

:17:40. > :17:50.competition for accountability. It's a charter for people to siphon

:17:50. > :17:51.

:17:51. > :17:59.off money. I am not ready to respond. Your interpretation of the

:17:59. > :18:09.law seems to be not right. In what sense? Because all companies can be

:18:09. > :18:12.

:18:12. > :18:18.part of tenders. What we have adopted is to loan public

:18:18. > :18:22.procurement. It says that all companies, public and private, can

:18:22. > :18:26.take part in the tenders. In effect, what we have had recently, a

:18:26. > :18:31.scandal of the school buses for a these incredibly overpriced school

:18:31. > :18:36.buses were bought. There were death traps for children. In some cases,

:18:36. > :18:42.children managed to get off month before the bus has burst into

:18:42. > :18:49.flames. -- moments before. You may say there is competition. The

:18:49. > :18:56.evidence from be -- from within is that it is not working. Since the

:18:56. > :19:02.President won his Office, he is fighting against corruption in the

:19:02. > :19:08.Ukraine. By now, more than 4,000 criminal cases have been launched

:19:08. > :19:12.against officials in the Ukraine. What is important here, some of

:19:12. > :19:21.members of the current government are under investigation now and

:19:21. > :19:25.some of them are already in jail. For example, I can say that the

:19:25. > :19:31.former head of the State Committee for financial services was put in

:19:31. > :19:37.prison for four years. That was on charges of corruption. Let me ask

:19:37. > :19:41.you about how this is being viewed from abroad. Again, I am quoting

:19:41. > :19:45.from your press conference the day after the elections, he said the

:19:46. > :19:50.positive results of these elections would affect the mood in the

:19:50. > :19:54.European Union. You said to have gotten closer to the signing of

:19:54. > :19:58.this important agreement on association with the EU, the first

:19:58. > :20:07.step towards perhaps eventual membership for the Ukraine. Isn't

:20:07. > :20:11.that just a fantasy? If you think about the way in which people are

:20:11. > :20:17.feeling these elections, the way in which people view the Ukraine?

:20:17. > :20:24.said, there are dozens of positive reactions to the elections in the

:20:25. > :20:29.Ukraine. If you check all 35 statements by 35 international

:20:29. > :20:35.organisations, you will find a dozen positive reactions. It makes

:20:35. > :20:40.you wonder why, for the first time in 15 years, there will not be the

:20:40. > :20:44.European Union Ukraine some that this year. It was postponed because

:20:45. > :20:52.of the election. -- summit. A statement from the European

:20:52. > :20:58.Commission... It will take place next year. In regards to the

:20:58. > :21:04.Ukrainian elections, I would refer to a statement by your MP, the

:21:04. > :21:13.British MP, Mr Whittingdale, who assessed the Ukrainian elections as

:21:13. > :21:18.a positive step on the path to democracy. In the meantime, you

:21:18. > :21:25.have other members from the EU, such as the chairman of the

:21:25. > :21:30.Committee on European Union affairs in the Bundestag, saying that until

:21:30. > :21:36.the case against Yulia Tymoshenko is closed, the associated agreement

:21:36. > :21:42.between the Ukraine and the EU will be blocked. No chance of progress.

:21:42. > :21:45.Again, it's a political statement. But it is also a statement of fact,

:21:45. > :21:49.that you will not get disassociation agreement that you

:21:49. > :21:55.desperately need. There are 27 national parliaments in the

:21:56. > :22:02.European Union. We have 27 different opinions. But there is a

:22:02. > :22:06.unanimous opinion in regards to Yulia Tymoshenko. At what happened

:22:06. > :22:10.in your Euro 2012 championships. Leader after leader of boycotted

:22:10. > :22:16.Games in the Ukraine because they did not want to be seen endorsing

:22:16. > :22:20.the Ukrainian government because of the Yulia Tymoshenko problem.

:22:20. > :22:30.not a characteristic of this leaders. Sport should not be mixed

:22:30. > :22:34.

:22:34. > :22:38.with politics. This was set in ancient times. What is positive,

:22:38. > :22:43.the Ukrainian championship went incredibly positively. There are

:22:43. > :22:48.many positive statements on that. With regards to the satiation

:22:48. > :22:56.agreement, I am not sure that the associated agreement is more

:22:56. > :23:02.positive food European producers because it contains a deep and

:23:02. > :23:07.comprehensive free trade agreement. -- for European producers. The

:23:07. > :23:11.Ukraine will open for European business. Is it the truth that as

:23:11. > :23:18.the former US ambassador to the Ukraine, it was pointed out that

:23:18. > :23:22.you have miscalculated on this? In his words, the President has

:23:22. > :23:26.overseen a democratic progression in the Ukraine. He has played a

:23:26. > :23:35.geopolitical game in which he appears to assume that the West and

:23:35. > :23:45.will overlook his Democratic black -- backsliding. This is a

:23:45. > :23:54.miscalculation. Thank you. You are trying to refer to people who

:23:54. > :24:04.intervention. That is why they politicians in the Ukraine. We were

:24:04. > :24:09.

:24:09. > :24:13.not supporters, my party, of that. failure. It failed to give to the

:24:13. > :24:18.Ukrainian people through democratic reforms. My governme governme governme governme