The law #2447-VII on Supreme Anti-corruption court (SACC) has come into force in Ukraine. Yesterday it was published at the official parliamentarian newspaper “Holos Ukrayiny”.
The law obliges to form the Anti-corruption court within a year that should consist of at least 35 judges, 10 of which are representatives of the Appeal Chamber. The document offers the president to submit the draft law on the creation of the new court to the Verkhovna Rada.
During the month after the appointment of 35 judges, the senior of them should call a meeting at which they will determine the date of the beginning of the court’s work and solve the organizational matters.
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.
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.
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.
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.
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.
As we reported Petro Poroshenko has signed the law 'On Supreme Anti-Corruption court'.
We recall, 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.