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HOT ANTICORRUPTION NEWS / Issue #152
September 18, 2020
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Today's issue:
- Rada approves SAPO's Selection Commission that doesn't comply with the law;
- Constitutional Court's decision opens the opportunity to compromise NABU’s independence;
- PG Venediktova tried to cover up MP Yurchenko caught on bribery;
- Office of the President aims to sabotage judicial reform to protect corrupt members of the HCJ;
- No perpetrators of the arson of Vitaliy Shabunin's house have been found yet;
- recommended reading
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Rada approves SAPO's Selection Commission that doesn't comply with the law
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On September 17, on the third attempt the Verkhovna Rada voted on its representatives to the Selection Commission for the selection of the head of the Specialized Anti-Corruption Prosecutor’s Office. MPs voted by 239 votes for the candidates nominated by the Servants of the People, OPZZh, Dovira and For the Future: all of them do not comply with the law.
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Prior to the vote, international partners of Ukraine, among them the EU and G7, expressed their reservations, recalling that a diligent commission for the selection of the head of the SAPO is a condition of visa-free travel with the EU, macro-financial assistance, and the IMF program. However, this did not become a convincing argument for the Verkhovna Rada and the mono-majority. The faction of the Servant of the People was supported by MP from apparently pro-Russian and pro-oligarchic Opposition Platform for Life, Dovira, and For the Future.
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Constitutional Court's decision opens the opportunity to compromise NABU’s independence
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On September 16, the Constitutional Court of Ukraine ruled regarding the unconstitutionality of some provisions of the Law on NABU concerning President's power to establish the Bureau, appoint the Director, auditor and Civic Control Council.
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This ruling does not have a retroactive effect. Consequently, mentioned powers were exercised once and were legal at the time of the establishment of the body and would expire only in the future. This means that the legitimacy of the existence of NABU and its establishment is beyond doubt. However, for now on the pending amendments to the Law on NABU will become an attempt to secure the body’s political dependence. That means turning appointment of Director into a political one as it now happens with the Prosecutor General or the head of the SBU.
For more details please read our analysis of the decision here.
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PG Venediktova tried to cover up MP Yurchenko caught on bribery
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On September 15, NABU informed that it had drafted bribery charges against MP Oleksandr Yurchenko, from President Volodymyr Zelensky’s Servant of the People party, and published evidence of the alleged bribery. The alleged bribery constitutes $200,000 for bringing certain amendments on "green tariffs" to the legislation.
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According to new legislation on MPs' impunity, now only Prosecutor General can bring charges against an MP. On September 16, during her speech in the Parliament PG Iryna Venediktova claimed that there is no evidence against MP Yurchenko. Following public outcry and extensive media coverage, she later agreed on notice of suspicion to MP Yurchenko. On September 18, the HACC could not put MP Yurchenko under bail or arrest, because the latter claimed he had exposure to COVID-19 and the relevant hearing was postponed.
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Office of the President aims to sabotage judicial reform to protect corrupt members of the HCJ
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Deputy Head of the Office of President, Andriy Smirnov in his recent interview vigorously protected the HCJ and claimed its compositin should be preserved. His opinion is confirmed by his vision of draft law No.3711, which is aimed at preserving status quo in judiciary. At the same time, evidence shared by NABU confirms the deep involvement of certain members of HCJ in corrupt practices.
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No perpetrators of the arson of Vitaliy Shabunin's house have been found yet
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Almost two months passed after the arson of the house of Vitaliy Shabunin, head of board of AntAC. Since then the official investigation did not progress much. Not just instigators, but even perpetrators of the firebomb attack have not been found by the National Police. We keep demanding a swift and transparent investigation of the crime. Meanwhile, we have started a Gofundme fundraiser to help Vitaliy and his family to rebuild their house.
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