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On December 16, the decision of the Constitutional Court of Ukraine on the unconstitutionality of some provisions of the law on the National Anti-Corruption Office comes into force, in particular on the procedure for appointing the director of the department. However, according to Justice Minister Denis Malyuska, NABU head Artem Sytnik still remains in office.
Certain provisions of the law of the National Anti-Corruption Office of Ukraine, recognized as unconstitutional, cease to be valid on December 16. Ukraine’s Justice Minister Denis Malyuska wrote about this on his Facebook page.
“Today, certain provisions of the law on NABU, recognized as unconstitutional by the CCU’s decision of September 16, 2020, are no longer in force … As a result of the CCU’s decision, there is now no procedure to appoint to the director of the NABU, “said the head of the Ministry of Justice.
The minister explained that in the short and medium term this “is not critical or too important”, since there is no reason to dismiss the current director of NABU Artem Sytnik and, consequently, elect a new director, and therefore it is not It is necessary to apply the procedure for electing a new director. However, this procedure will be necessary in 2022 when a new department head is appointed.
At the same time, he noted that Sytnik remains in the position of head of NABU, since the legislation does not establish the possibility of dismissing the director of NABU in case the decree on his appointment is unconstitutional.
In May 2020, the KSU received a presentation from 51 popular deputies. He said Ukraine’s fifth president Petro Poroshenko, who appointed the head of NABU, went beyond his powers.
On August 28, the CCU made its decision on this petition public. The court concluded that the decree on the appointment of Sytnyk was unconstitutional, as the Basic Law clearly defines the list of positions to which the president appoints (there are no NABU directors among them). By issuing a decree on Sytnik’s appointment, Poroshenko exceeded his constitutional powers, according to the KSU.
At the same time, the KSU emphasized that the decision does not apply to legal relationships that arise as a result of the performance of official duties of Sytnik. The representative of the President of Ukraine in the Constitutional Court, the people’s deputy of the people’s servant Fyodor Venislavsky explained that the decision of the Constitutional Court does not threaten the cases investigated by the anti-corruption office – all actions committed by the director of the NABU before 28 August will be considered legitimate and constitutional.
NABU described the decision of the Constitutional Court as one more step towards destroying the institutional independence of the department.
On September 16, the Constitutional Court of Ukraine recognized as unconstitutional certain provisions of the law on NABU, in particular, the provisions on the empowerment of the President of Ukraine to create NABU, appoint and remove its director, appoint a member of the external control committee to carry out an independent evaluation (audit) of the effectiveness of the office, operational and institutional independence and approve the regulations of the Public Control Council and the procedure for its formation.
The NABU said that due to the KSU’s decisions, the audit and appointment of the head of the bureau would be prohibited.
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