HOT ANTICORRUPTION NEWS / Issue #123
November 8, 2019
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Today's issue:
- Financial Investigation Bureau: another body of pressure on business or an independent institution?
- experts warn that the new draft law on the SBU reform preserves Soviet system of work;
- Shevchenkivskyi district court of Kyiv refused to prolongate the pretrial investigation against scandalous judges of District Administrative Court of Kyiv (OASK);
- the law on reforming judiciary came into force;
- Trukhanov's trial started in High Anticorruption Court;
- one year without Katya: commemorating year since Handziuk's death. Update on new attacks on activists;
- recommended reading
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Financial Investigation Bureau: another body of pressure on business or independent institution?
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The Parliamentary Committee on Finance, Tax and Customs is actively considering the draft law before the second reading that establishes the Financial Investigation Bureau in our country. During the process of its preparation Members of Parliament allegedly have "forgotten" the main purpose and cause of creation of this institution.
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Namely, this is establishment of single independent body that will investigate economic crimes and replace tax police, department “K” in the SBU and specialized department of the National Police. All of them were subjects of numerous scandals and cases focused on pressure on business.
See more details in our recent blog.
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Experts warn that the new draft law on the SBU reform preserves Soviet system of work
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On October 22, the head of the Security Service of Ukraine presented the draft law that should launch the reform of the Security Service of Ukraine (SBU) in accordance with international standards.
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On November 5, the Anti-Corruption Action Center (AntAC) and the Coalition Reanimation Package of Reforms discussed the draft law with international partners. Expert recommendations are to reform systematically the SBU without the influence of the Soviet inheritance, cut untypical functions, demilitarize the service, and ensure appropriate civilian control over the work.
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Shevchenkivskyi district court of Kyiv refused to prolongate the pretrial investigation against scandalous judges of District Administrative Court of Kyiv (OASK)
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On November 7, a judge of Shevchenkivskyi district court of Kyiv Tetiana Ovsepian declined the motion of Prosecutor General's Office regarding prolongation of the terms of the pretrial investigation against judges of District Administrative Court of Kyiv. From now on prosecutors cannot conduct future investigative actions and have either to submit the case to court or shut it down.
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Given the decision of Shevchenkivskyi court, PGO cannot conduct expertise of the recordings and question more than 70 witnesses.
For the reference. On July 26, NABU and PGO conducted searches at the OASK. The same day at the joint briefing they published the recordings of judges conversations proving that OASK president Pavlo Vovk and other judges passed deliberately unlawful rulings and intervened in the activity of the judicial governance bodies with the aim to create obstacles for the High Qualification Commission of Judges of Ukraine. The goal of such actions was to avoid the obligatory judicial qualification assessment.
Previously the High Council of Justice refused to suspend Vovk and other judges from their positions.
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The law on reforming judiciary came into force
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On November 7, the Law on reforming judicial governing bodies came in force.
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From this moment the High Qualification Commission of Judges (HQCJ) stops to operate. The new members will be selected by a special selection panel partially composed of international experts within 90 days.
Also, the Ethics Commission which has powers to initiate the dismissal of tainted members of the High Council of Justice (HCJ), HQCJ and Supreme Court judges will be created. Three members out of six in the commission will be international experts. International and foreign organizations have to nominate the experts to the commission within 20 days.
The law envisages downsizing the number of Supreme Court judges, which raised concerns of some international partners. The procedure will be conducted by the new HQCJ within 60 days from the moment it starts to operate. Despite the fact that suggested approach raises questions, the new clean and trusted HQCJ is one of the most powerful safeguards that the Supreme Court will be cleaned in a proper way and the process will not be manipulated.
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Trukhanov's trial started in High Anticorruption Court
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On November 5, the High Anticorruption Court started the first hearing in the trial of Odesa mayor Hennadiy Trukhanov. The criminal case concerns alleged failure to declare the assets hidden in the name of Trukhanov's common-law wife in 2015 and 2016 in the total amount of UAH 50 million (approx. $ 2 million).
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The prosecutors presented the communication between Trukhanov's wife and daughter: "Honey, we have a madhouse... For a week we have been discussing the declaration for 24 hours a day, which must be submitted by dad. Under the new laws, dad must now show all his property and me there, which means my fur coats, earrings, watches and all the gifts... Everything that we have in the house, we must list, fill out and submit to the public." Among other evidence, this illustrated how Trukhanov knowingly "forgot" about his wife and her assets in his declarations.
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One year without Katya: commemorating year since Handziuk's death.
Update on new attacks on activists
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On November 4, Ukrainians gathered in Kyiv on Bankova Street and in dozens of other cities in Ukraine and abroad to commemorate Katya Handziuk. The great summary of the activists pledge for justice is gathered in the report of Al Jazeera.
We are thankful to our international partners for their warm wards towards Katya and a strong voice for demanding justice.
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Meanwhile, the attacks on Ukrainian activists do not stop. Roman Ratushnyi, the activist defending Protasiv Yar from illegal construction, received death threats over his work. For months he and his group struggle defending the green zone in Kyiv, several persons received bodily injuries. We have prepared a detailed chronology of attacks on the group and ask for your attention to this case.
On November 8, Olekdanr Lemenov, the founder of NGO StateWatch has been attacked in Kyiv. Oleksandr is a vocal critic of corruption within law enforcement authorities.
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