On September 16, the Grand Chamber of the Constitutional Court of Ukraine considered the case on the constitutional motion of 50 Ukrainian MPs concerning certain provision of the Law of Ukraine “On the National Anti-Corruption Bureau of Ukraine.”
What Is Important to Know
The Constitutional Court of Ukraine has recognized certain provisions of the Law as inconsistent with the Primary Law of Ukraine.
These are the powers of the President of Ukraine:
- to establish the National Anti-Corruption Bureau of Ukraine;
- to appoint and dismiss the Director of the National Anti-Corruption Bureau of Ukraine;
- to appoint three persons to the selection board for the position of Director of the National Anti-Corruption Bureau of Ukraine;
- to appoint one member of the external control commission to conduct an independent assessment (audit) of the performance of the National Anti-Corruption Bureau of Ukraine, its operational and institutional independence;
- to approve the Regulations on the Public Oversight Council and on the procedure for its formation.
At the same time, the Court closed the constitutional proceedings in the case of verifying the definition of the National Anti-Corruption Bureau of Ukraine as a “state law enforcement body” for compliance with the Constitution of Ukraine.
Under the Constitutional Court decision, the Parliament is obliged to harmonize the legislation with the Constitution.
Provisions of the Law that have been declared unconstitutional shall expire three months after the decision of the Constitutional Court of Ukraine.