The draft law provides that the Anti-corruption court will consider the cases if the target of crime or inflicted damage surpasses the sum of the living wage for the able-bodied person at least in 500 times. It is the main condition. It does not matter what department considered the case National Police, Prosecutor General’s Office or the National Anti-Corruption Bureau. Some of the articles concert the violations connected to the drugs or weaponry, however, there is no article on the e-declarations.
Moreover, the draft law provides the possibility the consideration of the cases of the Anti-corruption court by other courts.
According to the bill, the Higher Qualification Commission of Judges (HQCJ) will recommend the candidates on the results of the selection and the international experts will be able only to impose veto, however, it can be lifted by the HQCJ by 11 voices out of 16.
It is offered to check the candidates for the posts of the judges by the lie detector if it is not forbidden by a doctor. The refusal of the candidate to pass such check will be treated as the cause of the bearing of the judge to the disciplinary responsibility.
The draft law should come into force on the next day after the publishing. The State Court Administration of Ukraine should determine the number of the judges of the Anti-corruption court during the month and create the Anti-corruption court in a year.
It can start to work if at least two-thirds of the particular number of the judges are selected. When they will be selected then the session of the judges should take place in a month when the day of the beginning of the High Anti-corruption court’s work will be determined.
As it was reported earlier President of Ukraine Petro Poroshenko submitted his version of the bill on creation of the anti-corruption court to the Parliament, according to the website of the Verkhovna Rada. The draft was submitted on Dec. 22 and registered under number 7440.
Earlier the IMF informed the Ukrainian authorities that the adoption of the presidential draft law on the Anti-corruption court in the current edition is the violation of the commitments of Ukraine to the IMF and contradicts the recommendations of the Venice Commission.
The Administration of the President claimed that the draft law on the Anticorruption Court complies with the norms of the Constitution and recommendations of the Venice Commission. However, the World Bank informed the Ukrainian authorities on the necessity to make the amendments to the presidential draft law on Anti-corruption court to satisfy all requirements and recommendations of the Venice Commission.
Also, the EU officials reminded on January 18 that the creation of the anti-corruption court in Ukraine is vital for completing the visa-free regime requirements.