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KSU again took over NABU. Photo: tsn.ua
The Constitutional Court of Ukraine declared unconstitutional part of the articles of the law on the National Anti-Corruption Office of Ukraine (NABU).
The Politics of the Country Telegram channel writes about this with reference to sources in court.
In particular, the provisions of the articles on the appointment of the head of the NABU are defined as unconstitutional.
Shortly after our publication, KSU confirmed the information.
The Grand Chamber of the Constitutional Court of Ukraine (CC), in a meeting on September 16, recognized a number of provisions of the law “On the National Anti-Corruption Office of Ukraine” as incompatible with the Constitution of Ukraine.
“On the basis of the results of the examination of this case, the Constitutional Court of Ukraine issued a decision determining that certain provisions of the law were incompatible with the Basic Law of Ukraine on the empowerment of the President of Ukraine to create the National Anti-Corruption Office of Ukraine, appoint and remove the director of the National Anti-Corruption Office of Ukraine, to appoint three persons in the composition of the competition commission for the post of director of the National Anti-Corruption Office of Ukraine, appoint a member of the external control commission to conduct an independent evaluation (audit) of the effectiveness of the National Anti-Corruption Office of Ukraine, its operational and institutional independence, and approve the Regulation on the Public Control Council and its training procedure “, – said the press service of the Constitutional Court.
The Constitutional Court also filed the constitutional process in the case of verifying compliance with the first paragraph of Part 1 of art. 1 of the statute regarding the definition of NABU as a “state law enforcement agency.”
Provisions of the law declared unconstitutional will cease to be valid three months after the court’s decision. The Verkhovna Rada must urgently harmonize the provisions of the Ukrainian legislation with the decision of the Constitutional Court.
The text of the decision will be published on the official website of the Constitutional Court in the section “Acts of the Constitutional Court”.
As “Strana” wrote, on August 28, the Constitutional Court ruled that President Petro Poroshenko’s decree five years ago on the appointment of Artem Sytnik as director of NABU does not comply with the Constitution.
We analyze in detail the background to this decision and what it means.
According to the law, immediately after the decision, Sytnik was forced to stop exercising his powers. However, the NABU announced several times that the head of the anti-corruption agency will continue to work until the Verkhovna Rada adopts the appropriate changes in the legislation.