[Congressional Record Volume 161, Number 178 (Wednesday, December 9, 2015)]
[Senate]
[Page S8521]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                                UKRAINE

  Mr. CARDIN. Mr. President, today is International Anti-Corruption 
Day. As the United States works to support good governance and anti-
corruption efforts around the world, I wish to highlight one country, 
Ukraine, where these efforts are vital to the future viability of that 
state. The U.S. Congress has stood by the people of Ukraine since the 
Maidan demonstrations in November of 2013.
  The Senate Foreign Relations Committee passed two landmark pieces of 
legislation that are now law. This sent a clear signal to Kiev, Moscow, 
and the capitals of Europe that the United States stands squarely for 
the development, democratic aspirations, sovereignty, and territorial 
integrity of Ukraine and its people.
  However, Ukraine's political leadership must also continue to hold up 
its end of the bargain. Ukraine is a country that has been plagued for 
many years by weak democratic institutions and rampant corruption. This 
internal threat of corrupt institutions poses the greatest long-term 
threat to Ukraine's future.
  Ukraine's reformers have made some progress. Last year Ukraine 
ratified an association agreement with the EU, which includes extensive 
commitments to governance reforms. The Parliament adopted a broad 
package of anti-corruption laws and established a set of institutions 
to fight corruption. The government made changes to the tax and budget 
codes and is starting to clean up its banking system. The government 
has also made reforms of the energy sector a top priority, adopting 
legislation to harmonize its natural gas markets with the EU's and 
raising tariffs to incentivize more efficient energy usage.
  Importantly, on Monday, November 30, a new special anti-corruption 
prosecutor was appointed with the backing of the civil society, which 
is a big step forward in the fight against corruption.
  Despite progress on these fronts, much work remains, and the 
political commitment to combat corruption among Ukraine's leaders is 
uneven. I acknowledge the pressure faced by the government. We all want 
to support Ukraine's positive path, but the Ukrainian people need more 
concrete anti-corruption results--not just legislation, not just 
commissions, as important as these are, but actual results.
  For example, there remain thousands of allegedly corrupt officials in 
the judicial branch, where judges and prosecutors are susceptible to 
bribes. While corruption in Ukraine's legal system cannot be resolved 
overnight, I urge Ukrainian officials to take measures that would 
remove these most egregious violators from the judicial branch and 
prosecutorial ranks and to retrain those who are not corrupt to build 
the next generation of jurists.
  The Government of Ukraine has taken positive steps in this regard, 
including the establishment of a constitutional commission tasked with 
recalibrating the checks and balances between the judiciary and the 
rest of the government. In September, the commission submitted new 
draft amendments to the Constitution on the justice system. However, 
concerns remain regarding the independence and integrity of the 
judicial institutions, including the newly established institution, the 
High Council of Justice, or HCJ, which has been called the ``gatekeeper 
to the court system.''
  It is critical that the civil society and watchdog organizations are 
empowered to continue their work of holding the HCJ and elected 
officials accountable to ensure that any weakness in the checks and 
balances of the judicial system are not exploited for personal gain.
  I am also concerned about the process for vetting the current pool of 
judges. The Government of Ukraine is developing standards for judicial 
reappointment, which will be conducted by the HCJ. This process will 
test the political will of both the Government of Ukraine and the HCJ 
itself. Unfortunately, initial results are not positive. As of June of 
this year, the HCJ had received 2,200 complaints of judicial 
misconduct. Of this number, only 47 judges were disciplined and none 
were dismissed.
  Ukrainian citizens expect a clean government that abides by the rule 
of law. In July, I wrote to President Poroshenko, urging him to make 
anti-corruption reforms a priority by considering the appointment of a 
special anti-corruption prosecutor and special anti-corruption courts. 
While the government recently selected a special anti-corruption 
prosecutor with the backing of the civil society, the government must 
now ensure that this office remains free from state influence and 
interference to fulfill its mandate to root out corruption within 
Ukraine.
  I commend President Poroshenko for listening to the demands of civil 
society and amending the composition of the selection committee to 
include two candidates backed by civil society, which led to the 
selection of Nazar Kholodnytskiy. This was a step in the right 
direction. However, the National Anti-Corruption Bureau of Ukraine 
itself is still woefully understaffed, which impacts its ability to 
fulfill its mandate to prosecute corrupt acts. I call on the Government 
of Ukraine to ensure that the National Anti-Corruption Bureau of 
Ukraine is fully staffed and prosecuting cases without delay.
  Polls show that most Ukrainians confront petty corruption in their 
daily lives, and our focus on corruption at the national level should 
not diminish the importance of programming that addresses corruption at 
the municipal and local levels. The Government of Ukraine must invest 
in training and education to identify and root out petty corruption in 
higher education, health care, and law enforcement. A clear commitment 
to attacking corruption in health care, education, and law enforcement 
within a measurable framework will pay dividends for citizens across 
the country and will help to restore faith in Ukraine's democratic 
institutions.
  The United States is prepared to make a long-term commitment to 
Ukraine and, along with our European partners, we can provide support 
to Ukraine's efforts to tackle corruption within the judiciary, the 
civil service, and law enforcement while preparing these institutions 
to attract and retain talented individuals who are committed to 
eradicating graft and entitlement.
  I firmly believe that Ukraine could be a case study for how a country 
with the political will can work with the international community to 
root out pervasive corruption, but that political will must manifest 
itself concretely and soon. When you look at public opinion polls in 
Ukraine, fighting corruption is the Ukrainian people's No. 1 demand. On 
this International Anti-Corruption Day, I look forward to supporting 
Ukraine's leaders if they are willing and committed to answering this 
demand.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. INHOFE. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. INHOFE. Mr. President, I ask unanimous consent that I be 
recognized for such time as I might consume.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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