Construction lobby misinforms donors. Statement on pressure from MP Shuliak and former Deputy Prime Minister Kubrakov

Ukraine receives considerable funds for reconstruction from international organizations. The trust of our partners, who provide us with funds from their taxpayers, is crucial, and corruption and non-transparent rules can undermine it. 

Unfortunately, a massive campaign to misinform international donors is currently underway at the level of some political figures, which not only hinders reforms in the country but also carries the risk of biased decisions by partners. This campaign is being carried out by high-ranking officials involved in post-war reconstruction at the legislative and (until the resignation of Deputy Prime Minister for Reconstruction Oleksandr Kubrakov in June 2024) executive branches of government. This poses a serious threat, given that in times of war, the government is less sensitive to the position of the public sector, and the actions of irresponsible politicians are aimed at destroying the dialogue between donors, the public sector, and the media. In such circumstances, it becomes easier to lobby policies with corruption risks.

Since restoration requires the greatest funds, urban planning reform is the most difficult to advance. Large developers seek to establish rules favorable to them, but the parliament should develop policies that would engage with all parties – the public sector, architects, specialized associations, etc.

Over the past three years, there have been attempts to lobby the parliament and the government to set the game rules for large developers. At first, it was the scandalous urban planning “reform” (5655), which was criticized by the European Parliament and the European Commission and deliberately not signed by President Volodymyr Zelenskyy. And after that, there were the clone resolutions of this initiative, which they tried to push through the government. The Royal Institute of International Affairs Chatham House sees risks in an attempt to introduce these rules – it is a threat of forming construction cartels.

Those who exposed lobbying in the information field or helped create an expert environment that could resist the activities of lobbyists were subjected to systemic political pressure from Olena Shulyak and Oleksandr Kubrakov. The latter are trying to manipulate international donors and partners, and this has its consequences:

• The civil society institute was cut off from funding (USAID Hoverla project) and reported informal political pressure from the Ministry of Reconstruction. The head of the Institute, Anatoliy Tkachuk, is one of the architects of decentralization. It is this Institute that is currently formulating the foundations of regional policy for the state, which has not been done by the Ministry over the past 5 years;
• the working group that is forming an alternative to the urban planning “reform” 5655 was also deprived of funding (USAID Hoverla project). The chair of the working group, MP Anna Bondar, said that Kubrakov had personally asked the US ambassador for this, misinforming and manipulating her. Immediately after the funding was cut off, the head of the relevant committee, Shulyak, who should have been interested in the working group’s results and facilitated its work, launched a media campaign claiming that the working group was not producing the expected results. This suggests that lobbyists are carefully planning their campaign, influencing the cessation of funding for alternative 5655, while simultaneously developing a discrediting information campaign and blocking anti-corruption policies for honest reconstruction;
• The SSU put pressure on the Union of Architects of Ukraine, whose representatives opposed draft law 5655 and the organization is now fighting for justice in the courts. At the same time, Shulyak systematically spreads false information about the Union of Architects in the media;
• Iryna Fedoriv, the head of the Holka civic initiative, had her previously arranged lectures canceled by the USAID-supported International Republican Institute (IRI) without explanation. This happened after a publication that mentioned Kubrakov and the urban planning “reform” 5655. For a month, IRI did not officially explain why participation in the events that did take place was canceled. There was no response from USAID either.
• In addition to the facts of pressure, there are reports of censorship in the media related to the coverage of lobbyists’ actions and the Urban Development Code, which is an alternative to draft law No. 5655. These include Uriadovyi Kurier, which removed an article and returned it, removing comments from opponents and adding Olena Shuliak’s comment, and an attempt to remove an article by the Holka civic initiative about pressure on the Kyiv-Mohyla Academy from the Espresso website for money. In addition, Detector Media reported that Olena Shulyak tried to prevent her interview with The Page from being published through editorial ice. The relevant ministry, headed by Kubrakov at the time, was involved in the pressure.
• It should also be noted that, in addition to the facts of censorship, there were outright facts of suppression of socially important information. For example, the USAID/UK Transparency and Accountability in Public Administration and Services (TAPAS) project publicly supported draft law 5655, and this was one of the arguments of Shuliak and Kubrakov in favor of supporting the legislative initiative. However, a request from the public sector to name the experts who have studied the draft law and take responsibility for their expertise publicly has not yet been answered, although the request was sent at the beginning of the year. This is even though the TAPAS project has declared transparency and accountability in public administration as a value and, accordingly, should adhere to such values and principles in its work.

Despite the blocking of 5655, developers continue to try to lobby for their interests in various draft laws. And those engaged in anti-corruption and whistleblowing activities are being pressured.

Lobbyists exert pressure on international donors who actively support the development of civil society in Ukraine, which is a serious threat to the country’s democratic processes. It is institutions such as USAID that assist based on the principles of transparency, accountability, and civil society participation in policy-making. Any attempts at manipulation or pressure from political actors undermine these principles and call into question the effectiveness of international assistance.

As former U.S. Secretary of State Rex Tillerson noted: “When we support democracy in other countries, we support the future of global stability.” Such statements once again emphasize that democratic institutions, independent media, and the civil society sector are an integral part of any successful society that strives for stability and development.

The words of the 44th President of the United States, Barack Obama said: “Freedom of speech and freedom of the press are among the most important foundations of our democracy, and each of us must stand up to defend these values wherever they are threatened.” Therefore, attempts to put pressure on the public sector and the media are contrary to the basic democratic principles supported by the international community.

However, the intentions of those who manipulate the processes and try to impose their interests are quite clear. It is important that those who guard values and make decisions do not succumb to these manipulations and take a principled stand, demonstrating their commitment to the values of democracy. In a situation where the trust of international partners and further support for Ukraine depend on adherence to these principles, decisions must be made based on fairness, transparency, and protection of the rights of civil society.

We call on our international partners not to allow lobbyists of corrupt schemes to deform the values and activities of the public sector and media in Ukraine. Only high-quality value-based interaction ensures democratic development and prevents and minimizes corruption. Censorship and pressure on the public sector are unacceptable and pose a threat to democracy.

Signatories:

The civic initiative “Holka”

NGO “Detector Media”

Head of the working group on the development of the Urban Planning Code of Ukraine, Honored Architect of Ukraine, Member of Parliament of Ukraine, Hanna Bondar

President of the National University of “Kyiv-Mohyla Academy,” Serhiy Kvit

President of the National Union of Architects of Ukraine, Oleksandr Chyzhievskyi

ICO “Environment-People-Law”

Executive Director of the ICF “Ukrainian Foundation for Public Health, Halyna Skipalska

NGO “Automaidan Vinnychchyna”

NGO “THROUGH THE WAR”

Ihor Stepanov, architect, NGO ‘Congress of East of Ukraine’

Statement is open for signing: +380986660563,ngo.holka@gmail.com