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Parliament submits to Constitutional Court bill on appointment of NABU and SBI directors

Source : 112 Ukraine

The document proposes amendments to Articles 85 and 106 of the Constitution of Ukraine
14:15, 16 March 2021

Verkhovna Rada
president.gov.ua

The Verkhovna Rada submitted to the Constitutional Court bill #5133 on the Procedure for Appointment and Dismissal of the Director of the National Anti-Corruption Bureau of Ukraine and the Director of the State Bureau of Investigation. 267 MPs voted for it.

The online broadcast of the meeting can be viewed HERE.

The document proposes amendments to Articles 85 and 106 of the Constitution of Ukraine on the procedure for appointment and dismissal of the Director of the National Anti-Corruption Bureau of Ukraine and the Director of the State Bureau of Investigation.

"The proposed legislative initiative aims to amend the Constitution of Ukraine, namely Articles 85 and 106, which define the powers of the Verkhovna Rada of Ukraine to approve the appointment and dismissal by the President of Ukraine of the Director of the National Anti-Corruption Bureau of Ukraine and the Director of the State Bureau and the powers of the President of Ukraine regarding the appointment and dismissal of the Director of the National Anti-Corruption Bureau of Ukraine and the Director of the State Bureau of Investigation with the consent of the Verkhovna Rada of Ukraine," the explanatory note reads.

According to the draft law, the powers of the Verkhovna Rada of Ukraine include:

  • giving consent to the appointment of the Director of the National Anti-Corruption Bureau of Ukraine based on the results of competitive selection and dismissal by the President of Ukraine;
  • approval of appointment to the position based on the results of competitive selection and dismissal of the Director of the State Bureau of Investigation by the President of Ukraine.

In addition, the President of Ukraine:

  • in the order prescribed by law, appoints and dismisses with the consent of the Verkhovna Rada of Ukraine the Director of the National Anti-Corruption Bureau of Ukraine and the Director of the State Bureau of Investigation with the selection of candidates for the position on a competitive basis.

Note that Art. 106 of the Constitution of Ukraine contains a list of powers of the President of Ukraine.

At the same time, the law on NABU stipulates that the director of the Bureau is appointed by the president from among the candidates elected by the competition commission. The Verkhovna Rada may dismiss the head of the department at the request of at least 150 MPs if one of the conditions is met (an exclusive list is given - appointment to another position, entry into force of a court verdict, failed audit or overdue alimony arrears).

The law on SBI stipulates that the director of the Bureau is appointed by the president on the proposal of the prime minister in accordance with the proposal of the commission.

The reasons for the termination of the powers of the director of the SBI are also set out in an exhaustive list - reaching 65 years of age, health problems, termination of Ukrainian citizenship, etc.

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