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HOT ANTICORRUPTION NEWS / Issue #121
October 25, 2019
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Today's issue:
 
- pitfalls in the restart of National Agency for Prevention of Corruption;
- is Ukraine's new judicial reform a step forward? 
- unfit candidates to the Constitutional Court of Ukraine;
- the Appeals Chamber of the Anti-Corruption Court decided to take former MP Mykytas into custody and significantly increased the bail;

- how the Court of Appeal neglected laws of Ukraine and obliged AntAC to delete information about Martynenko. The Supreme Court will decide;
- statement by “Schemes” editorial staff about obtaining by the State Bureau of Investigations access to an excessive amount of investigative journalists data through court;
- high-level sabotage of trial over the savage killing of Ukrainian activist Katya Handziuk;
- recommended reading
Pitfalls in the restart of National Agency for Prevention of Corruption

In early October 2019, Ukrainian lawmakers adopted the law which restarts the National Agency on the Prevention of Corruption. This is a huge step forward. Our op-ed explains what might be the risks of the process the public and international partners should keep an eye on to ensure the selection is done smoothly and properly. 

Is Ukraine's new judicial reform a step forward? 

On October 16, the Ukrainian parliament approved a bill that cleans up the country’s judicial governance bodies. It was a high priority of the new president. But is it really a step forward? The short answer is more yes than no.

The bill offers several progressive features based on Ukraine’s experience with the establishment of the High Anticorruption Court in 2018-2019. Its key goal is to reboot or clean up judicial governance bodies with the involvement of international experts. It has some drawbacks, too, which, however, cannot outweigh its positives. Full text

Unfit candidates to the Constitutional Court of Ukraine

On October 29 and 30, the All-Ukrainian Congress of Judges will be held. Delegates will select three judges to the Constitutional Court. The Council of Judges shortlisted 16 candidates to take part in the last round of selections. Delegates of the Congress will make the final choice. 

NGOs analyzed the shortlisted candidates and found out that 14 out of 16 persons do not meet the criteria of integrity.

The Constitutional Court makes life-defining decisions for the country. Judges of this court decide whether the law is consistent with the Constitution of Ukraine. More details
The Appeals Chamber of the Anti-Corruption Court decided to take former MP Mykytas into custody and significantly increased the bail

The Appeals Chamber of the High Anti-Corruption Court decided to change the preventive measure to former MP Maksym Mykytas. He is suspected by NABU of organizing the corruption scheme regarding apartments worth 80 million UAH for officials of the National Guard.

The custody until November 14 with the option of bail in the amount of 80 million UAH (around $3,2 million) was chosen for him. More details

How the Court of Appeal neglected laws of Ukraine and obliged AntAC to delete information about Martynenko. The Supreme Court will decide

The Cassation Civil Court within the Supreme Court opened the proceeding upon the appeal of AntAC against the decision of Pechersk District Court and the decision of Kyiv Court of Appeal, according to which the public organization should delete and never publish information in future about the accused of 700 million UAH misappropriation former MP Mykola Martynenko on the website pep.org.ua.

We consider both court rulings to be the assault on freedom of speech, which might create a dangerous precedent. More details
Statement by “Schemes” editorial staff about obtaining by the SBI access to an excessive amount of investigative journalists data through court

Pechersk District Court of Kyiv, by the decision of October 17, granted State Bureau of Investigations (SBI) temporary access to editorial communication of journalists of the “Schemes: corruption in detail” program (a joint project of RFE/RL and UA:First).

It concerns the investigation “Mr. Petro Incognito” about then-president Petro Poroshenko’s secret vacation in the Maldives, which was published in January 2018 by Mykhailo Tkach and Natalka Sedletska.

The editorial staff of “Schemes” program sees the number of threats and risks due to the decision made by the court. Full text
High-level sabotage of trial over the savage killing of Ukrainian activist Katya Handziuk
As Viktor Handziuk has pointed out in a recent powerful interview, all real progress [in the investigation] has been thanks to civic activists and journalists.  He says that neither the organizers nor those who directly ordered his daughter’s murder have been held to answer.  Even those who carried it out received the minimum sentences after the defendants made a deal with the investigators. 

          “What do you now understand about this world?”

          “That it can suddenly become empty.  That it is possible to become determined 

           while having lost hope.”  

          - Viktor Handziuk, 11 months after the savage murder of his daughter 

Full text

Recommended Reading 
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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