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World Bank urges to amend presidential draft-law on Anti-corruption court

The World Bank will support only the document agreed with the Venice Commission
17:49, 16 January 2018

Open source

The World Bank informed the Ukrainian authorities on the necessity to make the amendments to the presidential draft law on Anti-corruption court to satisfy all requirements and recommendations of the Venice Commission. It is stated at the official letter owned by 112.ua.

The letter was addressed to Andry Paruby, the Speaker of the Ukrainian Parliament and Ihor Rainin, the Head of the Administration of the President. The copies of the document were sent to the prime minister, specialized ministers and some officials.

Related: Draft Law on Anticorruption Court meets Venice Commission recommendations

The World Bank pointed seven main comments to the presidential draft law. Some of them duplicate the demands of the International Monetary Fund (IMF).

One of the claims of the World Bank concerns the jurisdiction of the Anti-corruption court should correspond to the jurisdiction of the National Anti-Corruption Bureau (NABU) and Specialized Anti-corruption Prosecutor’s Office (SAP).

Related: Anti-Corruption Court must be urgently created in Ukraine, - Mingarelli

'The draft Law sets out a jurisdiction for the HACC which is both broader than that recommended by the Venice Commission but also falls short of encompassing all of the cases under NABU and SAPO jurisdiction. We strongly encourage a revision of the draft Law to align the jurisdiction of the HACC with the jurisdiction of NABU and SAPO', the message said.

Talking about the qualification and selection of the anti-corruption judges, the World Bank stood for the revision of the demands to them to increase the competition during the selections that seem unrealistic due to the absence of the demanded experience of many nominees.

Related: International support for Ukraine depends on fight against corruption, - British ambassador

The last word in the determination of the winner of the competition should be said by the international donors and experts recommended by the international organization included in the body for the selection of the anti-corruption judges.

'The draft Law’s creation of a Public Council of International Experts (PCIE) needs to be better aligned with the Venice Commission’s recommendation that international organizations and donors be given a crucial and binding role in the body selecting anti-corruption judges. Since the PCIE is provided only an advisory role, its decision that a candidate is unqualified could be overruled by a two-thirds vote of the High Qualifications Commission. A similar procedure used in the recent Supreme Court selection process resulted in about 60 percent of candidates found unfit by the Public Integrity Council being nominated', the letter said.

The World Bank recommended reviewing the points on the creation of the PCIE that should not limit the participation of the international representatives in it and provide broader powers but not the consultative role.

Related: US concerned about efficiency of Ukrainian security sector more than about corruption in it

The financial organization also criticized the absence of the minimal quantity of judges needed for the work of the court in the draft law. At the same time, it is stated that the body can begin the work after the appointment of the two thirds o the qualified judges and it can stop the reform.

The full text of the letter is published below:

The World Bank urged to promptly make the amendments to the draft law to create the effective, independent and authoritative anti-corruption body. The financing organization expressed the readiness to cooperate with the Ukrainian authorities in the fight against the corruption in the future.

Related: Poroshenko submits his bill on anti-corruption court to Parliament

As we reported the IMF informed the Ukrainian authorities that the adoption of the presidential draft law on the Anti-corruption court in the current edition is the violation of the commitments of Ukraine to the IMF and contradicts the recommendations of the Venice Commission.

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