Constitutional Court declares unconstitutional certain provisions of law on NABU
The Grand Chamber of the Constitutional Court has declared unconstitutional certain provisions of the law “On the National Anti-Corruption Bureau of Ukraine.”
A respective decision was made at a court hearing on Wednesday, September 16, the court’s press service reported.
“Following the consideration of the said case, the Constitutional Court of Ukraine adopted a decision recognizing certain provisions of the law as not complying with the main law of Ukraine,” the report reads.
In particular, the court declared unconstitutional the provisions of the law that empowered the president to form NABU, appoint and dismiss the director of the bureau, appoint three members of the commission for holding a competition for the position of the NABU director, appoint one member of the external control commission for independent evaluation (audit) the effectiveness of the activity of the bureau, its operational and institutional independence, and to approve the regulations on the Public Control Council and the procedure for its formation.
At the same time, the Constitutional Court closed constitutional proceedings in the case of verifying the constitutionality of Paragraph 1 of Part 1 of Article 1 of the law regarding the definition of NABU as a “state law enforcement body.”
The court stated that the Verkhovna Rada should immediately bring the provisions of the legislation in line with this judgment. The provisions of the law that have been declared unconstitutional shall cease to be in force three months after the judgment was issued.
The judgment of the Constitutional Court of Ukraine is binding, final and cannot be appealed.
On September 10, the Grand Chamber of the Constitutional Court started to consider a motion filed by 50 people’s deputies regarding the constitutionality of the law “On the National Anti-Corruption Bureau of Ukraine.”
On August 28, the Constitutional Court declared unconstitutional a presidential decree appointing Artem Sytnyk as NABU director.
The authors of the motion emphasized that the Constitution of Ukraine does not envisage the power of the head of state to appoint the NABU director, so, in their opinion, the head of state went beyond his constitutional powers and violated Part 4 of Article 5 of the Constitution prohibiting usurpation of state power.
Then-President Petro Poroshenko appointed Sytnyk director of NABU in April 2015.
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