Will corrupt officials, sky-high bribes, and disabled prosecutors disappear? What lies behind the dissolution of the Medical and Social Expert Commission?
Ultimately, the president decided to present "tough and swift" solutions to the public. After a public “debriefing” at the National Security and Defense Council, the Attorney General lost his position. And in the end, the MSEC is expected to cease to exist altogether.
Why was the reform effectively stalled until now? What will replace the notorious body? And most importantly — will this help eliminate corruption in a field where the sale of disability certificates has become a routine practice? Read more in the materials from hromadske.
0This has happened before
The emotional reaction and radical decisions made by the president at the National Security and Defense Council evoke a sense of déjà vu. Over a year ago, the head of state initiated checks of all military medical commission conclusions and the MSEC amid scandals and hundreds of raids. However, we have yet to see any results from these checks or systemic changes, particularly in the medical and social expert commissions.
“There were many meetings of the NSDC with very vivid formulations that led nowhere. A year ago, at a meeting about corruption in VVC there were also plenty of beautiful, bold words — and a zero result over the year. I only hope that this time it will be different,” says Vitaly Shabunin, head of the Anti-Corruption Center, in a comment to hromadske.
This time, political responsibility fell on Attorney General Kostin, who resigned. The scandal involving the same prosecutors from Khmelnytskyi, who, as it turned out, were universally registering for disabilities in the Khmelnytskyi MSEC while “overlooking” corruption there, cost him his position. Following this, the OGP promised to check all prosecutors.
At the same time, the question of the health minister's accountability remains open, as the reform of the MSEC depends precisely on the Ministry of Health.
As the Ministry of Health, we are the regulator; I do not appoint or dismiss the heads of MSEC. Believe me, it's certainly easier to write a statement than to reform the MSEC.Health Minister Viktor Lyashko
The Ministry of Health announced a large-scale reform of the MSEC over a year and a half ago. At that time, Minister Lyashko spoke about a new model for confirming disabilities starting in 2024, and by 2025, these commissions might cease to exist, according to him.
This is not the first problem. Therefore, I have a question for the Ministry of Health: where have you been for almost 3 years of full-scale war? Where the hell have you been all this time?Vitaly Shabunin, head of the Anti-Corruption Center
The Ministry of Health only began taking action after a new public reprimand. The minister acknowledged that “the results are insufficient for him and society,” announced several dismissals, and even reported on three rounds of checks over the year: they reviewed more than 90,000 medical-expert cases and worked on nearly 19,000 within criminal proceedings.
However, according to the response to journalists' inquiries, only 74 cases had their MSEC decisions revoked.
1Hasty decision: is it feasible to implement?
In the latest resolution of the NSDC, which Volodymyr Zelensky immediately put into action with his decree, there are a dozen “tough and swift solutions” against corruption in the MSEC. In particular:
- to monitor the implementation of last year’s NSDC decision regarding checks of all MSEC decisions from February 24, 2022;
- to create working groups within a week to check MSEC decisions on establishing disability for officials. After 3 months — to report on the results of the checks;
- to prepare a digitalization plan for all stages of the MSEC within 2 weeks;
- to conduct an audit of pension payments for disability to civil servants within a week; to develop a draft law to revise the system of such payments;
- to develop and submit to the Verkhovna Rada a draft law reforming the medical and social expertise system in Ukraine and providing for the dissolution of the MSEC by December 31, 2024, within a month.
As in last year's National Security Council decision, ambitious deadlines are set here. Lawyer Volodymyr Romanchuk doubts the quality of their implementation.
“Everything is progressing specifically, in my opinion, already from the moment that the Ministry of Health, along with the GDBR, SBU, and National Police, must create joint groups for checking the validity of MSEC decisions within a week. Okay, but what if they can't implement it on time? There’s no clarity on who should be held accountable for this. I hope that there are some annotations, instructions, and closed protocols for the NSDC decision,” says Romanchuk.
It seems to me that this decision was made in a rush, like a cavalry saber strike. That is, not very targeted, not very precise, and done hastily.Lawyer Volodymyr Romanchuk
“And regarding the audit of pension payments to civil servants: to check all government officials in Ukraine within a week? That’s hundreds of thousands of people. To verify the legality of payments, one needs to find orders, acts for the payment of specific amounts, and check the grounds. This is a lot of work. And here they say to do it within a week. I do believe in the best, but I am preparing for the worst,” the lawyer continues.
Proving the fakeness of disability certificates for prosecutors chasing high pensions may not be straightforward either. According to former chief military prosecutor and acting attorney general Viktor Chumak, proving fraud in this case will be very difficult.
“If the prosecutor has an illness established during the MSEC from which he can theoretically recover, then it is generally very difficult to prove that this is a forgery made intentionally,” Chumak said in an interview with “Radio Liberty.” “Unless someone among the doctors or prosecutors collaborates with the investigation, which I very much doubt.”
2Dissolution of the MSEC: what’s next?
In the near future, the Ministry of Health must develop a draft law that, among other things, provides for the dissolution of medical and social expert commissions by December 31, 2024. The key point in this story is the digitalization of processes, says Shabunin.
“The dissolution of the MSEC does not cancel the need for the state to determine disability. Especially during wartime. Therefore, the key issue is not the dissolution of the MSEC, but the digitalization of processes. Because that is the only thing that can change this hell that exists specifically in this state service,” he believes.
According to Prime Minister Denys Shmyhal, after the dissolution of the MSEC, Ukraine will introduce a “digital transparent European model”. The health minister has been given until November 1 to present all necessary draft laws for consideration by the Cabinet.
Due to the fact that there were more questions than answers, the health minister Lyashko subsequently held a briefing — clarifying the essence of the reform, why there were delays, and what will replace the MSEC.
“We are doing everything possible so that by January 1, 2025, the MSEC as separate legal entities cease to exist. We are transferring this function to cluster and super-cluster hospitals. The Ministry of Health has identified these hospitals in each region that ensure accessibility for patients,” says Lyashko.
According to him, digitalizing processes is possible thanks to the electronic health system to which all cluster and super-cluster hospitals should be connected.
“This will allow us to clearly track the time, the identity of the doctor, the diagnosis he enters, and on what basis. We will clearly see the vertical, who, where, and at what stages made mistakes. As the practice of digitalization of VVC has shown, we can automatically track anomalous things or diagnoses related to a hospital or a specific doctor, and work proactively to prevent any potential corruption abuses.”
Moreover, as Lyashko stated, they plan to abandon not only the name but also the very concept of “medical and social expertise.” They want to replace it with “assessment of human functioning