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Artem Sytnik. Photo for NABU
The Kiev District Administrative Court decided to remove NABU director Artem Sytnik from his post. He instructed the Ministry of Justice to remove Sytnik from the records as leader.
This is discussed in the court decision of October 26, which was at the disposal of the “Strana”.
What the court decided about Sytnik
The court made this decision at the request of the head of the NABU detective unit, Alexander Kareev, previously dismissed. By his decision, the OASK was reinstated in office the same day, recognizing Sytnik’s order to illegally dismiss him.
And also, at the request of Kareev, they issued a separate decision, which determined: in order to avoid further offenses by the director of NABU, it is necessary to execute the decision of the Constitutional Court of August 28, 2020, which recognized Poroshenko’s decree on the appointment of Sytnyk as illegal.
The court ruled, among other things:
- send an order to the RRB to open a criminal case for failure to comply with the decision of the Constitutional Court of Sytnik (article 382) and for attempted illegal seizure of power (article 109), as well as for misappropriation of power (article 353).
- send instructions to the Sytnik deputies “to take appropriate response measures” due to non-compliance with the Constitutional Court’s decision (i.e. presumably to decide which of them will be the acting head of NABU instead of Sytnik – Ed.),
- Require the Cabinet of Ministers to appoint a minister to coordinate the activities of the NABU, send the same instruction to the Security Council,
- instruct the Ministry of Justice to remove Sytnik from the Unified Register as head of NABU
- All listed bodies must notify OASK within one month of receipt of this decision about the steps taken to implement it.
The reasoning part of the decision states that in November 2019 an official investigation was launched against Alexander Kareev. It was related to one of the criminal proceedings carried out by the detective. In May, on the orders of Sytnik Kareev, they fired from NABU.
The District Administrative Court declared illegal both the official investigation itself and two Sytnik orders: the disciplinary sanction of the detective and his dismissal. And then, as we can see, by a separate decision he “accompanied” the NABU director himself.
Try to move Sytnik. Background
We will recall, earlier, that the Constitutional Court of Ukraine made the decision that the head of NABU was illegally appointed – Poroshenko’s decree on this was canceled.
At the same time, the Constitutional Court did not annul all the decisions of the Director of the Office, which it issued. But, according to the logic of the court’s verdict, Sytnik’s subsequent actions in office are essentially illegal.
However, the NABU director refused to leave. Why – “Strana” understood the material “Sytnik sent Zelensky”. Why the head of the NABU did not resign after the verdict of the Constitutional Court.
Formally, the director declared that the canceled Poroshenko decree is a one-time act, which already ceased to operate as soon as Sytnik received the post. For this reason, they say, the decision of the Constitutional Court does not solve anything.
In fact, it was about the fact that Artem Sytnik felt the support of the Western embassies and openly dismissed the court’s decision. And indeed Bankova, without which the Constitutional Court would hardly have attacked the director of NABU.
In other words, Zelensky has moved one step closer to his goal: to bring Western-sponsored anti-corruption bodies under control (SAP chief Nazar Kholodnitsky had resigned earlier). At the same time, the Constitutional Court is hearing another case: on the compliance of the NABU law with the Constitution of Ukraine.
After the court’s decision, Zelensky’s relations with anti-corruption activists and Western structures worsened. A tranche of the IMF was pending, and in early October the Fund demanded that Sytnik be left in office.
Then Vladimir Zelensky went to Brussels and London. And after the return, the rhetoric of the President’s Office changed: in the “temniks” of the ruling party, theses appeared that Sytnik should continue to work. In addition, it was said: NABU needs to receive new powers.
That is, in the European Union and Great Britain with the president, they carried out serious explanatory work on Sytnik. Therefore, whether Ze is related to a new attack on NABU’s head remains a question. We will follow the development of the situation.
