Law on creation of Anti-Corruption Court comes into force in Ukraine

Source : 112 Ukraine

The Anti-Corruption Court should be established until June 14, 2019
10:56, 28 June 2018

Open source

The law on the creation of the Anti-Corruption Court comes into effect in Ukraine today.

The document obliges to form the Anti-Corruption Court.  According to it, the law on the Supreme Anti-Corruption Court, which came into force on June 14, 2018, regulates the status and the jurisdiction of the new court.

The Supreme Qualification Commission of Judges of Ukraine (SQCJU) will select the judges of the SACC with the help of six members of the International Experts Council. So, it is necessary to create this council first.

Petro Poroshenko, the President of Ukraine, has already requested to the international partners to provide the candidates for the Experts Council to select the anti-corruption judges. It should be noted that the Supreme Qualification Commission of Judges can form the Council when there will be at least twelve candidates.

Related: Poroshenko signs law on establishment of Supreme Anti-corruption court

The members of the International Experts Council will be appointed by the SQCJU choosing among the nominees offered by the international organization with which Ukraine cooperates in the prevention of corruption sphere. When there are at least 12 nominees, the SQCJU will choose the members of the International Experts Council at the open session.

Both foreigners and citizens of Ukraine can become the international experts. The requirements are flawless business reputation, high moral character and working experience abroad starting from 5 years in the execution of the procedural management, maintenance of the prosecution in the court or corruption proceedings.

Related: Corruption rate in Ukrainian companies grew by almost 20 percent in two years, - survey

The members of the International Experts Council will be appointed for two years without a right to occupy such position again. They will be paid from the state budget during the participation in the selection of the judges. The sum equals the salary of the Supreme Court judge or $5, 000 in 2018. If a person leaves abroad he has compensated the expenses for the accommodation and relocation.

When six International Experts Council members will be selected, it is possible to switch to the selection of the judges for the SACC.

The SQCJU will announce the selection of the nominees, everybody interested files the documents, then the SQCJU checks them and allows the nominee to the selection testing and then the person is checked for the corruption. Those who passed this stage have a special training and pass the selection testing. On the result of the SQCJU, the official list of the nominees is published.

Related: IMF welcomes creation of Anti-Corruption Court in Ukraine, - Lagarde

During this period of time, the International Experts Council gathers and analyses the information about the nominees provided by the SQCJU. Three international experts can initiate the special joint session if there are doubts on the correspondence of the nominees for the post. Also, the preliminary interview with the nominees can take place in the presence of six members of the Social Council before the joint session.

“Questionable” nominee can become a SACC judge if he will be supported by at least nine SQCJU representatives and at least three international experts during the joint session.

The SACC judges should have the working experience as a judge – starting from five years and as advocate seven years or scientific activity at least seven years. Also, such judge should have knowledge and skills for the execution of the proceeding in the corruption cases.

Related: Ukraine's Anti-Corruption Court is built on consensus: Qui bono?

The former workers of the law enforcement bodies, the National Anti-Corruption Bureau, National Agency for Prevention of Corruption, Anti-monopoly committee, Accounting Chamber of Ukraine, Fiscal Service, State Service of Financial Monitoring, the SQCJU, the Supreme Justice Council cannot become the judges of the SACC.

The SACC judges should be protected, while the members of the family can be protected on the request.

The changes in the Criminal Proceeding Code provided by the law will come into force when the SACC starts to work. Particularly, the issue is about the jurisdiction of the court.

Related: Ukraine eyes €500m EU aid, while fighting corruption

As we reported Petro Poroshenko has signed the law 'On Supreme Anti-Corruption court'.

On June 7, the Verkhovna Rada of Ukraine voted for the law on the establishment of the Supreme Anti-Corruption Court. The decision was supported by 315 deputies.

The Verkhovna Rada supported in the first reading the presidential bill number 7440 on the Anti-Corruption Court on March 1. Since that day, the head of state has called upon the people's deputies to speed up the work on the adoption of the full document.

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