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HOT ANTICORRUPTION NEWS / Issue #98
April 12, 2019
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Today's issue:

- AntAC statement on the elections;
- 38 judges were appointed to the High Anticorruption Court;
- only 15 out of 5,600 judges dismissed as a result of the assessment of judges: report;
- the trial started in the bogus criminal case against forensics expert in "Avakov's backpacks" case;
- new interview of a Ukrainian prosecutor for the Hill;
- recommended reading
  
AntAC does not support any candidate or party in 2019 elections

The Anti-Corruption Action Center does not support any candidate in the upcoming presidential elections 2019.

In order to bring positive changes to Ukraine and overcome major political corruption, the AntAC has dialogue with all political forces that are ready to support our suggestions and implement them together with civic society.

Together with the coalition of more than 20 non-governmental organizations we suggested presidential candidates to support the anticorruption agenda.

Both candidates of the second round of the presidential elections pledged to fulfill our anti-corruption requirements. We expect to see clear steps of their implementation in their programs, as well as the implementation of these requirements in the near future.

In addition to the anti-corruption agenda, we also joined the judicial reform agenda, which was also suggested to support to all candidates.

We are also going to invite parties that will run for the Verkhovna Rada to support our demands. The AntAC will not support any political party in parliamentary elections as well.
The anticorruption agenda includes: 

1) dismissal of SAPO management and re-selection of the new one  
2) relaunch of NACP from scratch
3) elimination of SBU anticorruption department
4) protection of NABU from any political pressure and influence
 

President Poroshenko supported the anti-corruption agenda offered by NGOs. He stated this during a meeting with public activists on Saturday, April 6. AntAC Executive Director Daria Kaleniuk was among participants.

Poroshenko announced about the need to “relaunch” NACP and SAPO, to deprive SBU and other law enforcement agencies of functions of economic investigations and to create the new service of financial investigations.

He also stated that he supports the head of NABU Artem Sytnyk “although he has comments regarding the work of the agency”.

Out of the things he promised to do during the meeting, he already approved the resignation of the leadership of Kherson regional state administration, Gordeiev and Ryshchuk, who are considered to stand behind Handziuk's murder.
Previously, Volodymyr Zelenskyi also endorsed the anticorruption agenda. However, these pledges were missing in his public communications over the last week, when his team talked to journalists about Zelenskyi's first 10 steps as the President.

We called Zelenskyi on to clarify on his anticorruption commitments, as well as present a reforms plan and the team. So far he did not do it. 
 
In addition, on April 3, Andriy Bogdan, the representative of Zelenskyi's team, met with NABU director Sytnyk. Shabunin moderated this meeting and helped to organize it upon Zelenskyi's team request. The only topic for the discussion was the efficiency of the anticorruption institutions - none of the ongoing criminal proceedings was discussed.  

Judges of the High Anticorruption Court are appointed
On April 11, the President signed the decree on appointment of 38 judges to the High Anti-Corruption Court (HACC).

The Anti-Corruption Court should start its work before the beginning of summer. All cases regarding top corrupt officials will be transferred to it, even if they are already considered in ordinary courts. An important issue for HACC is the appointing of an independent and professional chief of staff. More details. 

Only 15 of 5,600 judges dismissed as a result of the assessment of judges: report

Ukrainian NGOs Centre of Policy and Legal Reform, DeJure foundation, and Automaidan released a research on intermediary results of qualification assessment of judges in Ukraine.

As of April 1, 2019, 37% of all judges, 2,253 people, have successfully passed the qualification assessment of judges. The assessment was presented as a major pillar of judicial reform, aimed at purification of the judiciary and resolving the issue of lack of trust to it. Result of this part of judicial reform is that only 156 judges were considered unfit for judicial positions and of those only 15 were actually dismissed. This is just 0.26% of total number of judges.
The trial started in the bogus criminal case against forensics expert in "Avakov's backpacks" case
On Friday, April 12, the first court hearing in the case against the expert Nadiya Bugrova was held. Earlier, she found that the value of "Avakov's backpacks" was overestimated by 5 times.

Now she is accused of a $180 fraud and the forging of expert opinions. She faces up to 3 years of prison for this. 
During the first court hearing, an alleged "victim of the forgery" testified that he has no complaints regarding her work, was happy with the results of forensics she did and does not understand why Bugrova was brought to trial. In addition, Lutsenko allocated this case to military prosecutors. More background details about the case. 

Interesting fact that the case against Bugrova was investigated by 16 investigators of the National Police in Khmelnytskyi region. While the case regarding embezzlement of around $500,000 in the so-called case of Avakov’s backpacks was investigated by 14 NABU detectives.
New interview of a Ukrainian prosecutor
for the Hill

Former ATO prosecutor and current deputy head of PGO legal cooperation department Kostyantyn Kulyk also gave an interview for the same journalist John Solomon of the Hill, who earlier failed to fact-check Lutsenko's claims. 
Kulyk claimed they have evidence of wrongdoings of American politicians and their Kyiv allies, but "tried unsuccessfully since last year to get visas from the U.S. Embassy in Kiev to deliver their evidence to Washington."

Prosecutor Kulyk is quite famous in Ukraine, and not for his reformer's or anticorruption activity. He was accused of illicit acquisition of property worth over 3 million UAH. Kulyk did not declare elite flats, vehicles, which became grounds for criminal proceeding by NABU against him for false data in his e-declaration and illicit enrichment. The case was sent to the court in October 2016, but was then closed in the part of illicit enrichment due to the recent dubious ruling of the Constitutional Court. 

Moreover, the same Kulyk caused a strange situation recently. He announced two weeks ago, right before the first round of the Presidential elections, that the PGO handed notices of suspicion to a number of people close to President Poroshenko, and Mykola Zlochevskyi, owner of Burisma company and former Minister of Environmental Protection during Yanukovych presidency. However, this information was later rebutted by the PGO spokesperson. 

Recommended Reading
 
Copyright © *2019* Anti-corruption Action Centre*, All rights reserved.

Should you have any questions or comments please contact Olena Halushka at: ohalushka@antac.org.ua

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