12:42 27.10.2020

District Administrative Court issues separate rulings to NABU, SBI, Cabinet to settle situation with implementation of Constitutional Court's decision on illegality of Sytnyk's appointment

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District Administrative Court issues separate rulings to NABU, SBI, Cabinet to settle situation with implementation of Constitutional Court's decision on illegality of Sytnyk's appointment

The District Administrative Court of Kyiv City submitted a ruling to the State Bureau of Investigations (SBI) to initiate proceedings due to the failure to comply with the decision of the Constitutional Court of Ukraine on the unconstitutionality of the appointment of Artem Sytnyk as Director of the National Anti-Corruption Bureau of Ukraine (NABU).

"The District Administrative Court of Kyiv City [...] during the consideration of the case on the claim of Oleksandr Kareyev to the NABU, granted his petition for deciding that direction of a separate ruling [...] in order to remove the reasons and conditions that led to the violation of the requirements of the legislation, noting that the decision of the Constitutional Court was not fulfilled. […] The District Administrative Court has determined to submit separate rulings, namely, the State Bureau of Investigations shall give instructions on the registration of criminal proceedings under Article 109, Part 4 of Article 382, Part 1 and Part 2 of Article 353 of the Criminal Code of Ukraine," the court said.

Another ruling is "to each of the deputy directors of NABU to take appropriate response measures and provide instructions on the implementation of actions to fulfill the obligation, which is defined in paragraph 2 of Part 5 of Article 19 of the law of Ukraine on central executive authorities."

The Cabinet of Ministers of Ukraine was instructed by a separate ruling: "On taking measures to ensure the implementation of the Constitution and laws of Ukraine by NABU; directing and coordinating the work of NABU on the implementation of decision of the Constitutional Court of Ukraine dated August 28, 2020 on case No. 9-r/2020 and regarding the determination of the minister, to the sphere of direction and coordination of which the activities of NABU will belong.

The court ordered the National Security and Defense Council's (NSDC) to carry out "coordination and control of the activities of NABU on the implementation of the mentioned decision of the Constitutional Court."

The Justice Ministry, according to the ruling of the court, should amend the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations of Ukraine on the basis of the mentioned decision of the Constitutional Court.

District Administrative Court of Kyiv City set a deadline of one month to submit reports on the execution of the decision.

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