What led to the Attorney General’s resignation and what’s next?

A month ago, as rumors circulated that Ukrainian Defense Minister Rustem Umerov and HUR head Kyrylo Budanov faced dismissal, Prosecutor General Andrii Kostin’s position seemed strong and stable. Despite facing questions from anti-corruption activists and some parliamentarians, his department was aware of its mandate. He was actively documenting war crimes in the liberated territories occupied by Russia, and continued to work undisturbed…

…until October 7, when a corruption A scandal emerged involving a surprising number of disabled prosecutors. Dozens of prosecutors reportedly obtained disability certificates from the corrupt Regional Medical and Social Expert Commissions (MSEC) in Khmelnytskyi, allowing them to evade conscription and become eligible for state pensions.

Millions of dollars in cash were found in the home of the MSEC director and in photographs you can see bundles of money lying on her bed.

It was an open secret that some Ukrainians were “pulling strings” to obtain disability status that would allow them to avoid mobilization, but as investigations progressed, the true magnitude of the fraud was revealed. MSECs in almost all regions were found to issue certificates, making it impossible to confirm how many Ukrainians declared disabled were actually disabled.

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Kostin’s reputation was hit again a few days later when it was revealed that, in the same region where the MSEC scandal was first uncovered, 61 mostly male employees of the regional prosecutor’s office had disability certificates apparently issued earlier. of the large-scale invasion. .

Kostin responded by saying on October 20: “I believe that all prosecutors whose disabilities are in question should voluntarily undergo a second examination. This has not yet been done within the framework of criminal proceedings. “I also initiated the creation of a working group that includes international experts to comprehensively assess the situation and develop solutions to prevent such abuses in the future.”

But this did not calm the situation and two days later Kostin resigned. President Volodymyr zelenski convened a meeting of the National Security and Defense Council and issued instructions that the activities of the MSEC be investigated. It was also announced that MSECs would be abolished by December 31 and that all disability cases would be reviewed.

W.What does this mean exactly? Will it lead to an end to corruption in the disability registration system?

Post-Soviet institution

The MSECs that determine the level of disability and assign a category depending on the level of disability of an individual were created in 1992. Ostensibly they were supposed to reform the old Soviet system of medical-labor commissions, but in reality it was just an exercise in change of name. The work of the MSECs remained as opaque and unregulated as the old Soviet-era system. According to Kyiv Post sources, including lawyers and doctors, this led to widespread abuse. Many Ukrainians registered false disabilities, either to collect additional pensions or to avoid mobilization. Some turned obtaining certificates into a business, with social media pages advertising disability registration services.

At first glance, the number of disabled people in Ukraine coincides with the European average. About 3 million people are registered as disabled (approximately 10 percent of the population), a level similar to that of Germany, Poland and France and lower than that of the United States.

However, since the war began, the number of people declaring disabilities in Ukraine increased by 10 percent, from 2.7 million in early 2022 to 3 million in 2024, had grown to 3 million, despite around 6 million Ukrainians or 25 percent. of the population that has left the country.

kyiv Post Sources reveal that obtaining a false disability record could cost between $2,000 and $3,000. They say some who actually qualified for disability benefits refused to apply because they couldn’t or wouldn’t pay a bribe. It is extremely difficult to determine how many false disability claims exist, as the “pay by paper” problem has likely persisted for decades.

Why prosecutors?

Police sources say some prosecutors began registering disabilities to earn additional income. Prosecutors who started working after 2016 are entitled to a pension of 60 percent of their salary, while former employees receive 90 percent of their salary after 25 years of service, including 15 years in certain positions.

“Not all prosecutors are scoundrels. We should not tarnish the entire prosecutor’s office. Even in the Khmelnitsky prosecutor’s office, where the scandal occurred, 49 male employees out of more than 100 received disabled status,” a prosecutor told us.

According to MP Mariana Bezuglaya, there are 8,367 prosecutors in Ukraine, of which almost 500 are registered as disabled, most of whom are men.

“Kostin was expected to react more harshly, perhaps by dismissing disabled prosecutors. Instead, he just asked for a reevaluation,” another prosecutor said.

This is a bit unfair since, without evidence, Kostin had no reason to fire his subordinates, proving that a false disability requires a medical re-evaluation, which poses its challenges.

The dangers of “decisive decisions”

Zelensky’s response was swift: he ordered an immediate investigation into MSEC’s activities during which searches quickly uncovered large amounts of undeclared foreign currency in the possession of MSEC heads in several regions. This led to Kostin’s resignation and a promise to abolish MSEC by December 31.

The Security Service of Ukraine (SBU) responded quickly to the president’s instructions and has already canceled more than 4,000 MSEC disability certifications, apparently dealing a decisive blow to the corrupt system.

“Kostin’s dismissal provided a quick response to the demand for justice, instead of waiting to review each individual disability case,” said journalist Tetiana Nikolaenko, a member of the Defense Ministry’s Anti-Corruption Council.

However, the law does not allow MSEC disability decisions to simply be overturned, no matter how questionable they may be. Under current law, disability status must be reevaluated and this can only be done by an MSEC. Before MSECs are abolished, a new law is needed to set out how the 3 million disability cases will be reviewed and who will review them.

The knee-jerk reaction to abolish MSECs before the end of the year seems questionable. Many people, potentially thousands, deprived of their disability status are likely to file lawsuits that will drag out the process for months or even years.

Ukraine has a history of hasty dismissals: after the Euromaidan in 2014-2016, many law enforcement officers were fired from the Interior Ministry due to their role in suppressing protests. However, many were later reinstated through court rulings. The same could happen both with “incapacitated” prosecutors and with those who granted their certification.

“It is crucial that a new body is created to take over the functions of the old medical commission and that previous MSEC staff are not employed there; Otherwise, the reforms will be meaningless. But no such law has been introduced in Parliament so far,” says a lawyer working on issues related to MSECs under the current law.

…and after Kostin?

Zelensky has not yet appointed a successor to the Prosecutor General. A similar gap occurred after Kostin’s predecessor, Iryna Venediktova, resigned: nine days passed before Kostin was appointed. This time the selection process could take even longer.

One potential candidate, according to media reports, is Oleh Kiper, a former prosecutor who currently heads the Odessa Regional Military Administration. On the one hand, his tenure has been scandal-free and he is described as confident, direct and tough. On the other hand, his appointment as deputy to the Prosecutor General’s Office during the Yanukovych era led to his purge, a sentence that was revoked under suspicious circumstances in 2019.

Regardless of who becomes the next attorney general, he will face the challenge of reforming the prosecutor’s office while avoiding scandals like those that led to Kostin’s downfall. It will not be an easy task and those applying for the position may be short.