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HOT ANTICORRUPTION NEWS / Issue #134
February 7, 2020
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Today's issue:
- illegal attempts to dismiss NABU director;
- HCJ falsely blames international partners for the failure of judicial reform;
- recent Presidential appointee to HCJ;
- HACC decides on bail for former deputy Minister of Justice;
- recommended reading
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Illegal attempts to dismiss NABU director
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On February 5, 2020, MPs started collecting signatures to dismiss NABU director Artem Sytnyk from office. As of February 6, 2020, they gathered already 165 signatures. However, this is a sham process because the procedure of the dismissal of the director of the NABU and exclusive grounds for its application are clearly defined by the Law of Ukraine “On the National Anti-corruption Bureau of Ukraine” as a separate guarantee of independence both for the Bureau and its director.
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At the moment, there are no legal grounds for dismissal of NABU director. All current attempts to dismiss the director upon any legal ground or procedure which differs from the ones defined in the NABU Law will grossly violate the legislation and threaten the independence of the Bureau. We have prepared the legal analysis of the issue, which is available here.
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HCJ falsely blames international partners for the failure of judicial reform
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On February 6, the High Council of Justice issued a statement accusing international partners of failure to submit their candidates to the Ethics Commission. Thus, according to the HCJ, the international partners are the ones to blame for the failure to launch the judiciary reform.
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The real fact is that the international partners submitted their candidates to the Ethics Commission back on November 27, 2019 (during the term prescribed by law). The HCJ illegally refused to consider this nomination out of fear that once Ethics Commission would be launched it might dismiss at least one-third of the HCJ members.
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Recent Presidential appointee to HCJ
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On February 4, 2020, President Zelenskyi filled his quota in the High Council of Justice by appointing Tetiana Rozvalaieva, a former judge of the High Administrative Court of Ukraine. In 2008, she was transferred to the High Administrative Court and joined the 5th chamber of the court. This chamber was specially created during Yanukovych times to consider claims against the President, Parliament, and judicial governance bodies. See the research (in Ukrainian) conducted by the Centre of Political and Legal Reforms about the activity of the chamber.
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HACC decides on bail for former deputy Minister of Justice
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On February 4, the High Anti-corruption court decided on the preliminary measure for former deputy Minister of Justice Natalia Bernacka (Sevostianova). She is suspected of conspiracy to embezzle UAH 54 mln (approx. $ 2.35 mln at that time) and legalization of proceeds of crime in 2015. More information about the scheme is available from NABU. Bernacka was released on bail of UAH 7 mln.
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