Parliament approves amendments to law on NABU

The Verkhovna Rada has adopted Law No. 5459-1 "On the Introduction of Amendments to Certain Laws of Ukraine to Bring the Status of the National Anti-Corruption Bureau of Ukraine into Compliance with the Requirements of the Constitution of Ukraine."

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

The explanatory note says the law is aimed at eliminating contradictions between the Constitution and the Law "On the National Anti-Corruption Bureau of Ukraine," as well as the related provision of guarantees of independence for the NABU.

The law defines the status of the National Anti-Corruption Bureau of Ukraine as a central executive body with a special status. It also stipulates that the NABU's acquiring the status of a central executive body with a special status does not require any additional measures related to liquidation or reorganization of the body, committing any actions with regard to its employees, etc.

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

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

It is envisaged that the selection of candidates for the position of NABU director will be organized and conducted by a selection committee consisting of six persons, three of whom are appointed by the Cabinet of Ministers and three by the Cabinet of Ministers, based on proposals from development partners that provided Ukraine with technical assistance in preventing and combating corruption.

The law also stipulates that an external evaluation of the NABU's performance is conducted by a three-person commission appointed by the Cabinet of Ministers of Ukraine on the basis of proposals from development partners who provided Ukraine with international technical assistance in preventing and combating corruption.

In order to eliminate legal uncertainty regarding the legal status of a person holding the position of NABU director, which arose in connection with the Constitutional Court of Ukraine decision 9-r/2020, it is determined that a person appointed to the position of NABU director continues to exercise all powers until the appointment of the head of the agency based on the results of the open selection of candidates for this position, in the manner prescribed by Article 7 of the Law "On the National Anti-Corruption Bureau of Ukraine."

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