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National Anti-Corruption Bureau becomes Ukraine's central executive body with special status

Source : 112 Ukraine

304 members of parliament voted for
17:58, 19 October 2021

Verkhovna Rada of Ukraine
Open source

The Verkhovna Rada supported the bill №5459-1 on bringing the status of the National Anti-Corruption Bureau of Ukraine in line with the requirements of the Constitution of Ukraine. 304 MPs voted for.

The online broadcast of the plenary session can be viewed HERE.

The draft law proposes to make the following changes:

  • to determine the status of the National Anti-Corruption Bureau of Ukraine as a central executive body with special status;
  • to provide that NABU becoming a central executive body with a special status does not require any additional measures related to the liquidation or reorganization of the body, the performance of any actions against its employees, etc.;
  • to establish the peculiarities of the procedure of interaction of the National Bureau with the Cabinet of Ministers of Ukraine, central executive bodies in order to prevent the interference of the Cabinet of Ministers of Ukraine in the activities of NABU;
  • to determine the peculiarities of the application of the provisions of regulations that govern the activities of central executive bodies and the civil service, in order to ensure the institutional and operational independence of NABU;
  • to determine the powers of the Cabinet of Ministers of Ukraine to appoint and dismiss the director of the National Anti-Corruption Bureau of Ukraine if there are grounds established by law;
  • determine that the competitive selection for the position of Director of the National Anti-Corruption Bureau of Ukraine is organized and conducted by a competitive commission consisting of six persons, three of whom are appointed by the Cabinet of Ministers of Ukraine and three by the Cabinet of Ministers of Ukraine on the basis of proposals of development partners who provided Ukraine with international technical assistance in preventing and combating corruption;
  • to improve the principles of organizing and conducting competitive selection for the position of the Director of the National Anti-Corruption Bureau of Ukraine in order to ensure transparency and objectivity of such selection;
  • to determine that the external evaluation of the effectiveness of the National Bureau is carried out by a commission consisting of three persons appointed by the Cabinet of Ministers of Ukraine on the basis of proposals of development partners who provided Ukraine with international technical assistance in preventing and combating corruption;
  • determine the principles of organizing and conducting an external evaluation of the effectiveness of the National Bureau;
  • in order to eliminate legal uncertainty regarding the legal status of a person holding the position of director of the National Bureau, which arose in connection with the decision of the Constitutional Court of Ukraine 9-r/2020, it is determined that a person appointed to the position of director of the National Bureau continues to exercise all powers of a Director of the National Anti-Corruption Bureau of Ukraine until the appointment of the Director of the National Anti-Corruption Bureau of Ukraine based on the results of open competitive selection for this position in accordance with Article 7 of the Law of Ukraine "On the National Anti-Corruption Bureau of Ukraine".

Related: Ukraine to receive new Anti-Corruption Office Head by end of year, - Zelensky

The Cabinet of Ministers of Ukraine does not approve the Regulation on the National Anti-Corruption Bureau of Ukraine.

Without any approval from the Cabinet of Ministers of Ukraine, other public authorities, their officials, the director of the National Bureau approves the regulations on structural units, job descriptions of employees of the National Bureau.

Acts of the National Bureau may not be revoked in whole or in part by the Cabinet of Ministers of Ukraine.

The Cabinet of Ministers of Ukraine shall decide on the dismissal of the Director of the National Bureau only on the grounds specified in part four of this Article if at least two-thirds of the staff of the Cabinet of Ministers of Ukraine voted so.

The director of the National Bureau may be a citizen of Ukraine who has higher legal education, ten years of work experience in the field of law, five years of experience in management positions in government agencies, institutions, organizations, including abroad, or in international organizations, speaks the state language and is able to perform the relevant official duties in terms of his business and moral qualities, educational and professional level, state of health."

In case of termination of authority or dismissal of the Director of the National Bureau, all their powers defined by this Law and other laws shall be exercised by the First Deputy Director of the National Bureau, and in case of their absence - one of the Deputy Directors of the National Bureau until the day of appointment of a Director of National Bureau in accordance to the Article 7 of this Law.

In case of removal of the Director of the National Bureau from office, all his powers defined by this Law and other laws shall be exercised by the First Deputy Director of the National Bureau, and in case of his absence - by one of the Deputy Directors of the National Bureau.

This Law takes effect on the day following the day of its official publication.

As of the date of entry into force of this Law, a person holding the position of Director of the National Anti-Corruption Bureau of Ukraine shall continue to exercise all powers of the NABU Director provided by law until the appointment of the NABU Director based on open competitive selection for this position.

Related: Ukraine's parliament unblocks signing of de-oligarchization law

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