10:57 19.02.2021

Govt's bill on NABU status opens opportunities for its deprivation of institutional independence - NABU

3 min read
Govt's bill on NABU status opens opportunities for its deprivation of institutional independence - NABU

The bill of the Cabinet of Ministers of Ukraine on bringing the status of the National Anti-Corruption Bureau of Ukraine (NABU) in line with the requirements of the Constitution of Ukraine actually opens opportunities for a complete reset of the institution and deprivation of its institutional independence.

"Analysis of the draft law allows us to identify a number of key threats, the implementation of which will result in the loss of NABU's real ability to counter and expose top corruption in Ukraine: a "control package" of votes in the competition commission to select NABU director actually belongs to the Cabinet of Ministers which, in addition to three representatives of its own, nominates three more from the list provided by donors. However, the final decision is up to the Cabinet of Ministers, the highest level of which, let us remind you, consists of persons under investigation by NABU," the statement on the NABU website says.

The Bureau also said that according to the bill, the final decision on the composition of the external control commission to conduct the annual independent evaluation (audit) is also fully left to the government.

"Changing the status of NABU - from law enforcement to the central executive body with a special status - entails the issue of resolving labor relations with NABU employees, who were selected for positions at open competition," the statement said.

Thus, NABU believes that there is a possibility that the reorganization can be used as an occasion to change the Bureau staff.

"So, instead of consolidating efforts in the fight against top corruption, we have once again witnessed another pooling of power resources to fight NABU. However, we still do not give up hope for readiness for a constructive discussion, already in the Verkhovna Rada, and a balanced decision in the interests of society. For its part, NABU is ready to join this discussion," the Bureau said.

As reported, on February 15, a bill amending some laws of Ukraine to bring the status of the National Anti-Corruption Bureau of Ukraine (NABU) in line with the requirements of the Constitution of Ukraine was registered in the Verkhovna Rada.

According to the website of the parliament, the initiator of the bill No. 5070 was the Prime Minister Denys Shmyhal.

The Minister of Justice Denys Maliuska said on Facebook that the draft law on the status of NABU approved by the government states that during the selection of a new director, the powers of the director will be performed by the first deputy director of the Bureau.

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