Scylla and Charybdis of Power: How the “Vertical” and “Feudals” are Dividing Ukraine Under the Guise of Reform
(This article is my expert response to the public discussion surrounding Draft Law No. 14048. It analyzes the positions of key parties, particularly the opinions published by Member of Parliament Roman Lozynskyi, and presents my author’s position on the true, unconstitutional motives behind this conflict.)
Introduction
What we are witnessing around Draft Law No. 14048 is not a battle for reforms. It is a cynical fight between two predators for power and money, where the Ukrainian people are cast in the role of a silent victim.
This is a classic battle of Scylla and Charybdis. On one side, the local “feudals” represented by the Association of Ukrainian Cities (AUC), who want to continue plundering communities without oversight. On the other, the “centralizers” from the parliamentary “vertical,” who demand the appointment of an unconstitutional “supervisor” to “manage” (i.e., control) these corrupt flows themselves.
Both sides equally fear real control by the citizens, as their true goal is to preserve power and uncontrolled access to the public property of territorial communities, and additionally, to secure 560 million euros from the EU, which they are trying to get by “selling” a fake reform to the Europeans.
“Charybdis”: Local Feudals Demand the Right to Plunder
MP Roman Lozynskyi, who himself represents the other side of this battle—the “centralizers” camp—published facts in his Facebook post that confirm this cynical bargain. According to the MP, on October 29, the relevant parliamentary committee, under pressure from the AUC (headed by the mayor of Kyiv), “castrated” the draft law.
According to his information, they passed an amendment that exempts “own powers” from supervision—that is, land, property, and the development budget. This, by his own estimate, accounts for over 90% of decisions and 100% of corrupt schemes. In effect, (this is my assessment) they proposed to divide the future spoils at a 90/10 ratio: the “feudals” keep 90% of the most valuable assets (land, property) without any control, while the “supervisor” is mercifully thrown 10% (subsidies, schools), where there isn’t much to steal anyway.
The AUC’s motive is transparent. As Lozynskyi himself notes in his post, their position shifted 180 degrees immediately after the National Anti-Corruption Bureau of Ukraine (NABU) exposed a corrupt organized crime group in the Kyiv City Council involved in land theft. That is why, the MP asserts, they are panicking, fear any control, and are demanding feudal immunity for themselves. Their goal, in his words, is to preserve the right to “toilet schemes” (a classic scheme where the privatization of a worthless object, like a toilet, is used to grab the valuable land underneath it for high-rise construction), and in essence, to secure for themselves the feudal right to plunder their own communities.
“Scylla”: Centralizers Demand an Unconstitutional “Whip”
But are Mr. Lozynskyi and his supporters of “centralization” true reformers? Not at all.
His outrage that the law was “castrated” is the outrage of a predator whose prey was snatched from under his nose. He didn’t want a “fair split” of 90/10; he fought for all 100% of the corrupt flows to be controlled from the center. This is why the tool he is fighting for—the original version of Draft Law No. 14048—is deeply unconstitutional.
This is exactly what I wrote about in detail in my fundamental analysis of this initiative (Draft Law on “Supervision” No. 14048: A Legislative Cover for Robbing Communities or Building an Authoritarian Vertical Like Russia’s?). My position, unlike Mr. Lozynskyi’s, is that their “supervisor” model is:
- A direct violation of Article 5 of the Constitution: It creates an unconstitutional “supervisory” body, sidelining the people (the community) from power.
- An instrument of corruption: It gives the “supervisor” an absurd “three-month head start” (60 days to “notice” + 20 working days for a “request”) to legalize any theft.
- A copy of the Russian model: It is an attempt to build an authoritarian “unified vertical of power,” where an official from Kyiv commands an elected community council.
Their goal is not to stop corruption, but to lead it and steal always. They want a “whip” to decide in manual mode which mayor is allowed to steal and which is not, ensuring that the process never stops, but merely changes its beneficiaries.
The Price: EU Money, Community Property, and Power Over the People
What is at stake is far more than just 560 million euros from the EU. The real price is the property of territorial communities and absolute power over the people.
Both sides are cynically lying to European partners, trying to “sell” them their version of “reform” to get money from the #UkraineFacility. The “feudals” want to get this money and keep the right to plunder community property. The “centralizers” want this money and the unconstitutional “whip” to establish total control over the communities.
We, the citizens, have no place in this battle for money. It is a fight of mythical monsters where there are no “good” heroes. We are being deliberately removed from power, offered a choice of which monster will devour us—our own “local princes” (Charybdis) or the “overseer” from Kyiv (Scylla).
A Constructive Alternative: Power to Organized Communities
The only way out is to reject BOTH unconstitutional options and return to Article 5 of the Constitution, which clearly states: the sole source of power is the people.
As I have detailed, the only effective controller is the people themselves. The real alternative is the three-level model of self-government, which I developed, based on the current Law “On Bodies of Self-Organization of the Population” (OSN).
Level 1: The House OSN (“The Nervous System”)
This is the primary link that registers the problems and requests of residents and represents them at the microdistrict level.
Level 2: The Microdistrict OSN (“The Brain and Heart”)
This is a legitimate body elected by residents with real powers and a budget, which manages its territory. It builds direct partnerships with the school, the local doctor, and the local police officer. It is this entity that becomes the subject that implements the will of the community.
Level 3: The District Council (Accountable Practitioners)
This council is composed of the heads of the microdistrict OSNs—practitioners who bear direct, daily responsibility to their neighbors. Such a deputy ceases to be a “feudal lord” because they are accountable to the community not just once every five years, but 24/7, and can be recalled instantly.
Conclusion: Return Control to the Community and Supervision to the Prosecutor’s Office
Draft Law No. 14048 is a road to nowhere. It must be completely rejected.
Instead, we must build a system based on the protection of the public rights and interests of the residents. And the only constitutional body capable of ensuring this is, of course, not the current structure, which is dependent on the “vertical,” but a truly reformed, independent, and depoliticized Prosecutor’s Office. It must stop being a “whip” and instead balance two key roles: become a “public advocate for the community,” acting in concert with its legitimate representatives, and at the same time be an effective defender of the state’s own interests.
The mechanism must be simple and effective:
- Community Protection: When a local council violates the community’s rights (steals a park), the legitimate Microdistrict OSN, executing the will of the residents, appeals to the prosecutor’s office. And then, together with the OSN, the prosecutor’s office defends the community’s interests in court.
- State Protection: When a local council commits a criminal offense (corruption, separatism), the prosecutor’s office immediately opens criminal proceedings, instead of playing administrative “request” games.
Everything else is what we see today: a cynical battle between “Scylla and Charybdis” for the right to plunder Ukrainians without control.
What is to be done?
Do not be a victim. Do not choose between “Scylla and Charybdis.”
- Share this analysis. Explain to your friends and neighbors what is really happening.
- Study the Law “On Bodies of Self-Organization of the Population.” Create OSNs in your buildings and microdistricts. This is the only way to reclaim real power.
- Demand that your Member of Parliament completely reject Draft Law No. 14048.
Only an organized community that knows its rights and has legitimate representatives (OSNs) can become a real force and compel any government—whether “feudal” or “centralized”—to reckon with it.