The Verkhovna Rada of Ukraine adopted the presidential bill #2116, which introduces the sole management of the State Investigation Bureau (SIB) and provides the reboot of the leaders of the body. It also allows the investigators of the Prosecutor’s Office of Ukraine (GPU) who worked on Maidan cases to step up to the SIB without competition. 250 MPs supported the draft law as 112 Ukraine reported.
During the refinement for the second reading, 334 lawmakers voted for the amendment, according to which, the GPU investigators who worked on Maidan cases to step up to the SIB without competition.
The SIB will not be the central body of the executive power but the state law enforcement body.
Currently, the SIB head and deputies are appointed on the results of the competition and they should assume important decisions together. According to the bill, the SIB head will appoint three deputies and define their duties on his/her own.
During the refinement for the second reading, it was established that the president will establish the organizational structure of the SIB.
Moreover, the president is provided with the right to dismiss the SIB head in such cases: the application to resign on own request, the appointment to another position, 65 years of age, state of health, incapacity, criminal/corruption crime, termination of Ukrainian citizenship, death, unjustified assets. Moreover, the point ‘conclusion of the Disciplinary Board on gross violation of the rules of professional ethics’ is added to the list of the reasons for dismissal.
The SIB head may dismiss his deputies due to the same reasons.
The law enhances the parliamentary control over the SIB activity. The Verkhovna Rada will listen to the report of the SIB head on the results of the activity of the body annually. On the results of the discussion, the MPs will approve the report and recognize the work of the SIB head to be satisfactory or unsatisfactory and it is the basis for the dismissal. Moreover, at least a third of the parliament (150 MPs) may initiate the extraordinary report of the SIB head at any time.
The SIB head is appointed by the president on the nomination of the competition commission. Such commission will remain to consist of nine people: three people from the president, parliament and three candidatures from the international partners approved by the government.
The list of the international organization, which is going to be able to provide the nominees, will be approved by the Foreign Ministry. The terms of the organizational procedure spelled out in the draft law.
The Office of the President will provide the work of the commission. The sessions of the competition committee will be broadcasted at the presidential website.
The law provides that in some cases, the competition for the appointment at the SIB is not held.
Thus, the reassignment of the SIB worker from the territorial department of the central apparatus; the public servants in the SIB system without obligatory competition might be reassigned to the equivalent or lower position. The representatives of the rank-and-file or command staff might be reassigned on their request, request of direct directors, heads, heads of other education institutions, the institution of the SIB system.
According to the new rules, the point on the Council of public control and the order of its formation will be approved not by the government but by the president on the request of the SIB head. The Council of public control and order will elaborate and confirm new rules of the professional ethics for the SIB employees.
The law will come into force the next day after the official publication, the authorities of SIB head, first deputy and deputy will stop the same day.
The president will appoint the acting head of the SIB during five working days. He/she will possess the authority of the head of the bureau. This person will be prohibited to disclose information with restricted admission.
The MPs ordered the government and the parliament to define their representatives at the competition commission for 30 days. The President’s Office is provided with 14 days to form the commission. The commission will have 60 days to hold the competition for the SIB head position. The SIB will get a new head in about 3.5 months after the resignation of Roman Truba.