The DEJURE Foundation is under US control: is this a guarantee of independence in the implementation of judicial reforms?

The NGO DEJURE Foundation, headed by Mykhailo Zhernakov, has received a significant portion of its funding from international organizations, including USAID, the Renaissance Foundation, and other institutions controlled by the US Democratic Party. This has been the subject of discussions and public statements in Ukraine and abroad, with some critics raising questions about the transparency of such financial ties and their possible influence on the political situation in Ukraine.

This was noted by experts based on the results of an analysis of receipts to the accounts of this organization in 2023, Law and Business reports.

Thus, according to available data, only in the indicated year the public organization "DEJURE Foundation" received almost 36 million UAH. from foreign organizations, such as:

Representation of the European Union in Ukraine (EU DEL) — UAH 10.7 million;

Federal Republic of Germany — almost 21 million UAH;

National Endowment for Democracy (NED) — UAH 2.15 million;

Embassy of the Kingdom of the Netherlands (MATRA Programme) — over 1.1 million UAH.

European Endowment for Democracy (EED) — almost 420 thousand UAH;

Secretariat of the Supervisory Board of the Eastern Partnership Civil Society Forum (EaP CSF) — UAH 325,000.

In addition, the following were received under grant programs:

from the United States Agency for International Development (USAID) — UAH 4.6 million (during 2018-2019) for the programs “New Justice”, “Public Monitoring and Advocacy to Improve the Protection of Human Rights in Arbitration Courts”;

from the National Endowment for Democracy (NED) — UAH 1.2 million (2022) for the program “Promoting Judicial Accountability and Transparency”;

from the International Renaissance Foundation — UAH 6.1 million (during 2017-2022), in particular, for the programs “Ensuring the Integrity of the Judicial Corps”, “Cleansing and Renewal of the Judicial Corps”, “Analysis of the Activities of Judicial Governance Bodies in the Eastern Partnership Countries”, “Institutional Support for the Activities of the DEJURE Foundation”;

According to experts, this allowed the NGO "DEJURE Foundation", which actually formed a majority in the public integrity council, without which the HQCJ cannot function, to establish control over the High Qualification Commission of Judges and the High Council of Justice, effectively eliminating "inconvenient" judges and promoting loyal ones. And the result of these processes was the collapse of the judicial system of Ukraine, a sharp decrease in the level of trust in the court as an institution of power and a decline in the prestige of the judicial profession.

Experts note that this was done in their own interests and was often used to exert extra-procedural pressure on the courts in order to resolve the personal issues of activists, selective justice, eliminate opponents, and exert political pressure on the authorities.

According to experts, the amount of funding and the tasks performed by the NGO “DEJURE Foundation” “clearly prove that extra-procedural control over the judicial system of Ukraine was attempted to be established under the US Democratic Party.” And the main leaders of this influence on the territory of Ukraine were representatives of structures funded from abroad, in particular the “Anti-Corruption Center” and the NGO “DEJURE Foundation.”.

Experts note that "these organizations acted as an instrument of political influence, using judicial reform as a mechanism for eliminating opponents, putting pressure on the authorities, and selective justice.".

At the same time, as is known, the key founder of the NGO, Mykhailo Zhernakov, found himself at the epicenter of a number of scandals:

was fined for evading military service;

distinguished himself as the "executioner of the Maidan" and a representative of the "Anti-Maidan";

was appointed by V. Yanukovych as a judge of the Vinnytsia Administrative Court;

found himself at the center of a scandal involving plagiarism in his doctoral dissertation, etc.

Later, M. Zhernakov became close to other evaders from the "CPC" and, together with them, organized a hierarchy of control over the judicial system, using the mechanism of international pressure through Western organizations.

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