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HOT ANTICORRUPTION NEWS / Issue #118
October 4, 2019
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Today's issue:
 
- updates on the anticorruption draft laws;
- Zelenskyi's questionable judicial appointment;
- the Government fired scandalous head of the State Audit Service;
- PGO statement on investigation of proceedings related to former Ecology Minister Zlochevskyi;
- Lutsenko ran away to London;
- journalists found out the Hill's Solomon approved smear article about AntAC with Firtash's lawyers;
- drunk police officer attacked underaged students in Poltava

 
Updates on the anticorruption draft laws
On October 2 the Rada adopted the draft law #1029 on NACP in the second reading. This law paves a way for the relaunch of the Agency management, changing the management system from collective to one-person. The Cabinet of Ministers will appoint a new head of the Agency based on the results of an open competition with the participation of foreign experts in the selection panel. The law also provides the agency with access to all public registers and databases and obliges it to grant NABU automatic access to the register of declarations as well. Other novelties of the law. 

On October 4, with 330 votes, the Rada adopted in the second reading draft law #1009 on amendments to the Criminal Procedure Code. Rada law enforcement committee attempted to distort the draft law and subordinate NABU to SBU in wiretapping activities, but the plenary decided to grant NABU independent wiretapping powers, which is an important step forward. In the meantime, unfortunately, the MPs did manage to water down other provisions of the draft law and saved almost all 'Lozovyi's amendments', specifically, did not cancel the terms of investigation (12-18 months), as well as left the possibility to appeal the notice of suspicion. In addition, MPs failed to lift investigative restrictions against themselves. In a nutshell, quite a decent draft law, submitted by the President, was significantly weakened by the Parliament. 330 MPs voted to support the draft law in the second reading.  

The draft laws #1008 on judicial self-government bodies and #1031 on illicit enrichment and civil forfeiture were prepared at the subject committees for the second reading, but not considered at the plenary. 
Zelenskyi's questionable judicial appointment

President Zelenskyi appointed Oksana Blazhivska, a daughter of Yevhen Blazhyvsky, ex-deputy of Yanukovych’s infamous Prosecutor General Viktor Pshonka to the High Council of Justice. The HCJ is key judicial governance body which decides on judicial appointments, dismissals and disciplinary cases. More details

The Government fired scandalous head of the State Audit Service
On September 30, the Government fired Lidia Havrylova, head of the State Audit Service of Ukraine. She was indicted by NABU on declaring false statements in the asset declaration in the amount of 7,5 million UAH (~$300,000). The trial against her in the Anticorruption Court started on September 30. 

Last year, we
researched key problems for bringing violators of the procurement legislation to liability and found out that inactivity and incapability of controlling
authorities, specifically the State Audit Service of Ukraine, was one of them. 
PGO statement on investigation of proceedings related to former Ecology Minister Zlochevskyi
"On 20 November 2019, the Prosecutor General’s Office of Ukraine loses investigative powers according to the amendments to the law. According to the Ukrainian legislation, the audit of all criminal proceedings is carried out successively, and they are forwarded to the investigative authorities in conformity with jurisdiction.

Among these proceedings, there are also high-profile cases concerning senior officials of times of ruling of the former President Viktor Yanukovych, including proceedings related to Minister of Ecology and Natural Resources Mykola Zlochevskyi. At present, 15 of such criminal proceedings are being reviewed, in which Mykola Zlochevskyi figures.

If it is found that the proceedings have been closed in violation of the law or other procedural violations have been committed, then we will take appropriate decisions.

No procedural decisions related to the proceedings against the aforementioned person or any persons related to Mykola Zlochevskyi or his companies have been taken at this time."  Source - PGO
Lutsenko ran away to London


After having dragged Ukraine into U.S. internal debates by feeding false and manipulated information, former Prosecutor General of Ukraine Yuriy Lutsenko... ran away to London to take English classes.

What a shame.  
Journalists found out the Hill's Solomon approved smear article about AntAC with Firtash's lawyers
Journalists found out that this draft oped by John Solomon of The Hill smearing AntAC back in March 2019 was sent by the author prior to publishing to Lev Parnas and two Firtash's lawyers. More details about the story.

Solomon explained he did it for fact-checking, but he did not fact-checked it with us. Daria Kaleniuk wrote a
rebuttal "Ukraine continues to fight corruption — don't believe the smear", and it took her quite long to convince the editors to leave "smear" in the title, as they wanted to change it for "critics". 
Drunk police officer attacked underaged students in Poltava
On September 29, two drunk men in Poltava attacked passerby, including two underage students of the Ukrainian Leadership Academy. It later appeared that one of the attackers serves in the national police. The victim got moderate injuries and had surgery. The investigative judge in this case is Larysa Holnyk (judge-whistleblower) who ruled to detain the attacked for 60 days without the possibility to be released on bail.

It is critically important that this case is fully and promptly investigated by the State Bureau of Investigations and that the attackers cannot escape justice due to their relation to the law enforcement agencies. 
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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