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HOT ANTICORRUPTION NEWS / Issue #116
September 20, 2019
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Today's issue:
 
- the work of the High Anticorruption Court will be soon unlocked;
- the Rada extended international procurements of medicines;
- new chief military prosecutor rules to disclose asset declarations of his subordinates;
- update on anticorruption draft laws;
- recommended reading

 
The work of the High Anticorruption Court will be soon unlocked

On September 18, the draft law #1025 on clarification of the jurisdiction of the High Anticorruption Court was adopted in the second reading. It offers to transfer to the HACC only those cases that were: a) fully investigated by NABU/SAPO; or b) fall under HACC wider jurisdiction, but were started after the launch of HACC. This will primarily focus the court on the top cases and allow receiving lower-level cases later and gradually. Background information

The Parliament extended international procurements of medicines

The Parliament extended procurements of medications via international organizations for additional two years. This is a victory as it will ensure patients' access to innovative medicines, which are not yet available at the domestic markets, reduce the price due to large scales of purchases directly from the producers, 100% provision of vaccines etc.

Earlier we informed about significant results of the international procurements of medicines. 
New chief military prosecutor rules to disclose asset declarations of his subordinates
Viktor Chumak, the new chief military prosecutor, cancelled the order of his predecessor Anatoliy Matios to hide asset declarations of military prosecutors. Now NACP is obliged to publish them without further delay.

In April 2017 the access to e-declarations of more than 200 military prosecutors was closed. Matios claimed that such a decision was in line with the law on state protection for an official of judicial and law enforcement bodies, that provides for measures to ensure confidentiality of information about respective people for security reasons.

However, legal analysis of respective law shows that confidentiality measures should be applied to prevent disclosure of information regarding the place of residence of such people. Since public registry of e-declarations does not display information on the place of residence of declarants, there are no legal grounds for closing public access to e-declarations.

For around two years we were suing Matios for this decision. Asset declarations of the SBU leadership are still hidden. 

Update on anticorruption draft laws 
The draft law #1032 on the prosecutor's office was adopted on September 19 in full. 

#1009 on amendments to the Criminal Procedure Code (on NABU wiretapping rights, cancellation of Lozovyi's amendments etc) - was sent for the repeated second reading.

On September 19, only 196 MPs voted in favour of the draft law. 44 MPs from the Sluga Narodu faction who were present in the plenary hall during the voting failed to support the bill. As faction head Davyd Arakhamia later explained, the failure to vote for the draft law was caused by "misunderstanding and informational special operation". A manipulation which was spread among MPs was that the draft law allegedly empowers the law enforcement agencies to hold investigative actions regarding MPs, like wiretapping or searching, without court warrants. Arakhamia informed that the manipulations were rebutted and the faction is ready to support the draft law #1009 in the version that was recommended by the Committee for the second reading. 

#1008 on judicial self-government bodies - since it was sent for a full round of consideration, the amendments for the second reading are collected through September 26.

#1031 on illicit enrichment and civil forfeiture and #1029 on NACP are considered in the Anticorruption Committee before the second reading.

For more details on the substance of the draft laws see our article

 
Recommended Reading

Wie ist Selen­skyjs Vor­ge­hen gegen Kor­rup­tion zu beur­tei­len? - Olena Galuschka, Olena Scher­ban, Ukraine Verstehen
 
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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