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HOT ANTICORRUPTION NEWS / Issue #136
February 21, 2020
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Today's issue:
- the new fabricated criminal investigation against AntAC;
- updates on an attempt to dismiss NABU director;
- progress of the judiciary reform is the responsibility of the President;
- MPs suggest to roll back the reform of the PGO;
- recommended reading
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The new fabricated criminal investigation against AntAC
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On February 18, some media spread the information than National Police started a criminal investigation against AntAC for alleged misappropriation of $142.9 mln of international technical assistance. We believe it is another instance of systematic persecution of AntAC for our criticism of Minister Arsen Avakov as well as attempt to legalize covert investigative actions against the organization.
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This time the allegation is based on the fabricated accusation of MP Andriy Derkach (former Party of Regions MP, known for attempts to block electronic asset declarations and promotion of conspiracy theories). All the previous investigations, which were forged against the AntAC under similar circumstances, were closed. You can find our full statement on the matter here.
Also, recently the journalists of Bihus.Info project informed that National Police started the criminal investigation against their journalists. The criminal investigation followed the journalist inquiries into unexplained assets of the family of the first deputy of National Police Koval. The interrogations and other investigative actions so far conducted by the police clearly show their attempt to interfere with editorial policies of the project and violate journalist immunities.
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Updates on an attempt to dismiss NABU director
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The illegal draft resolution No.3039 to dismiss NABU director is still pending before the Parliament. According to the procedure, the Procedural Committee shall consider the legality of the resolution and decide whether to send it for the voting of the plenary session. Other Committees may suggest their opinions on legality of the resolution as well.
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On February 19, the Procedural Committee did not include the resolution into its agenda and in this way postponed its consideration. At the same time, the Anti-corruption Committee (which is actually a Committee in fact entrusted with oversight of NABU) refused to consider the resolution due to its illegality. Also, the Ministry of Justice and the National Agency on Prevention of Corruption made statements on the illegality of the resolution. However, the Law Enforcement Committees has already upheld the resolution and in this way expressed its position that the resolution is compliant with the legislation.
In fact, it is not a right but a duty of the Parliamentary Committees to dismiss illegal resolution. Once the Procedural Committee considers it illegal, the Speaker has a right to withdraw it. In this case, no voting at plenary session is required. In the negative scenario, if the resolution is upheld by the Procedural Committee and then by the plenary session it will be enacted by the signature of the Speaker. The President has no powers either to enact or veto it.
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Simutenoiusly, the wave of media attacks at NABU continued last week. There was a series of protests against NABU initiated by Ukrlandfarming group. Some Ukrainian media covered these protests without any mentions of real criminal investigations conducted by NABU related to VAT fraud of Ukrlandfarming companies (Nazar Kholodnytskyi tried to dump this case back in 2017) and VAB bank embezzlement (NABU managed to finally take control over the investigations only in late 2019). The owner of the group Oleg Bakhmatiuk himself is suspected by NABU in large-scale embezzlement. It is also worth mentioning that the sole witness, on whose testimony the administrative case against Sytnyk is based, is an advisor to a director of one of the Ukrlandfarming companies.
Also, Bakhmatiuk allegedly hired the London-based media relations company Sans Frontieres Associates. The company is spreading information to the Western media stating that NABU is ineffective and allegedly unsubstantially persecutes employees of Ukrlandfarming. At the same time, no mentions of Bakhmatiuk's charges and his alleged role in the embezzlement of bank funds are made.
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Progress of the judiciary reform is the responsibility of the President
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Only a few perpetrators have been brought to responsibility for committing bloody crimes after six years of the Revolution of Dignity. The big part of the responsibility for this enormous injustice lays in the failed attempts to reform the judiciary. So far, neither attempts of former President Poroshenko nor the effort of acting President Zelenskyi brought any success. More on this in the recent article by Halyna Chyzhyk.
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The only way for President Zelenskii to move forward with the judicial reform is to initiate and facilitate swift adoption of the law that will unblock the reform implementation. The provisions that enable the establishment of the Ethics Commission and ensure the independence of the HQCJ selection panel from the HCJ should be adopted. The powers of unreformed HCJ that sabotages the reform should be limited. The new law is also a good chance for the President and the Parliament to address the issues in question raised by the Venice Commission in its recent opinion regarding Zelenskyi`s law.
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MPs suggest to roll back the reform of the PGO
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MPs of Law Enforcement Committee have registered the draft law that aims to roll back the reform of the prosecution implemented in September 2019. The draft law provides benefits to current and former prosecutors at the competition to the Prosecutor General's Office, regional and district prosecutor's offices. In practice, this means that only current employees of the prosecutor’s offices will have a chance to pass the competition. Please see more information here.
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