The National Anti-Corruption Bureau (NABU) and the State Investigation Bureau (SIB) should be under the authority of the Cabinet of Ministers, not president, as the law enforcement bodies belong to the executive branch of power as Transparency International Ukraine stated.
“On August 29, President Volodymyr Zelenskyy submitted urgent draft law No. 1014 to the Parliament, which stipulates amendments to Article 106 of the Constitution in the section “Presidential authority.” The reason is that appointment of heads of the National Anti-Corruption Bureau and the State Investigation Bureau is not consistent with the Constitution,” the message said.
Transparency International Ukraine noted that the law of Ukraine “On the NABU” states that “the National Bureau is formed by the president of Ukraine in accordance with this and other laws of Ukraine”. At the same time, the Basic Law does not provide such authorities. Besides, the Constitution does not provide the authorities to appoint or dismiss the NABU and SIB heads.
“That is why amendments to Article 106 of the Constitution of Ukraine, which would formalize the President’s authority to form the NABU, to appoint the heads of the NABU and the SIB and to create independent regulatory agencies, make it possible to protect these law enforcement agencies and avoid possible issues with unconstitutionality of their creation and functioning.
However, while these amendments to the Constitution will resolve the legal issues around existence and activity of these agencies in the short run, they can eventually initiate excessive concentration of power in the President’s hands. By their nature, the NABU, the SIB and even national regulatory agencies are executive agencies. Thus, it is the government that should be assigned the duties that are being assigned to the President,” the message said.
It is underlined that the NABU and SIB as the bodies of the law and order on their functional purpose, scope of work, authorities, have the signs of the executive branch of power; they should be under the authority of the Cabinet of Ministers ad belong to the system of bodies of the executive branch.
On September 3, the Verkhovna Rada put the bill #1014 to the agenda. It states that president’s authority to appoint or dismiss the heads of the NABU and SIB will be enshrined in the Constitution of Ukraine.
The MPs send the document to the Constitutional Court of Ukraine to get the conclusion on the compliance with the requirements of the Basic Law.
President’s Representative to the Constitutional Court Fedir Venislavsky stated that the Ukrainian Parliament will be able to pass the draft laws that the MPs sent to Constitutional Court on Tuesday; however, this will not be possible until February 2020.