Parliament approves amendments to NABU law

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The Verkhovna Rada adopted Law No. 5459-1 “On the introduction of amendments to certain laws of Ukraine to bring the statute of the State Anti-Corruption Office of Ukraine into conformity with the requirements of the Constitution of Ukraine “.

Some 304 MPs voted for a respective decision at a parliamentary meeting on Tuesday, October 19, according to an Ukrinform correspondent.

The explanatory note indicates that the law aims to eliminate the contradictions between the Constitution and the law “On the National Anti-Corruption Office of Ukraine”, as well as the related provision of guarantees of independence for NABU.

The law defines the status of the National Anti-Corruption Office of Ukraine as a central executive body with special status. It also stipulates that the acquisition by NABU of the status of central executive body with special status does not require any additional measures related to the liquidation or reorganization of the body, to the initiation of actions in respect of its employees, etc.

The document establishes the peculiarities of the procedure of interaction of NABU with the Cabinet of Ministers, central executive bodies in order to prevent the interference of the Cabinet of Ministers of Ukraine in the activities of NABU.

The law sets out the powers of the Cabinet of Ministers to appoint and remove a director of NABU if there are grounds established by law.

It is expected that the selection of candidates for the post of Director of NABU will be organized and conducted by a selection committee composed of six persons, three of whom are appointed by the Council of Ministers and three by the Council of Ministers, on the basis of the proposals from development partners who have provided Ukraine with technical assistance to prevent and combat corruption.

The law also stipulates that an external evaluation of the performance of NABU is carried out by a three-person commission appointed by the Cabinet of Ministers of Ukraine on the basis of proposals from development partners who have provided assistance to Ukraine. international technique for preventing and combating corruption.

In order to eliminate the legal uncertainty regarding the legal status of a person holding the post of director of NABU, which arose in the framework of decision 9-r / 2020 of the Constitutional Court of Ukraine, it is determined that a person appointed to the post of Director of NABU shall continue to exercise all powers until the appointment of the Head of the Agency on the basis of the results of the open selection of candidates for that post, in the manner prescribed by Article 7 of the Law “On the National Anti-Corruption Office of Ukraine”.

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