Attempts to limit the independence of the NABU will cause irreversible consequences for the fight against corruption in Ukraine
On December 6, 2017, some Members of Parliament (MPs) and politicians spread statements about the need to "establish parliamentary control" over the activities of the National Anti-Corruption Bureau of Ukraine (NABU). As a mechanism of "control", the representatives of two fractions of ruling coalition proposed the Draft Law that eliminates the guarantees of the NABU independence completely. In particular, the Draft Law simplifies the procedure for dismissal of the NABU Director by establishing the procedure of passing a no-confidence motion against him by a simple majority of votes in the Parliament. Also the same mechanism is proposed for dismissal for the Head of the Specialized Anti-Corruption Prosecutor's Office (SAPO) who conducts procedural guidance over the NABU investigations.
The Draft law also greatly broadens the authority of the NABU external control commission by providing the access to state secrecy for the members of the commission and the right to check ongoing investigations along with the completed and sent to court ones .
We emphasize that the adoption of the Draft Law will destroy the independence of newly formed anti-corruption bodies and the achievements gained in the fight against corruption despite the systemic resistance of the ruling power. Unfortunately, there is still high probability that the Draft Law can be adopted in the nearest time.
We are convinced that these steps are part of the grand plan which was activated last week. The main purpose of the plan is the destruction of the NABU and the SAPO, blocking the investigations as of top officials and release of top corrupt officials from responsibility.
We draw your attention to the Law of Ukraine On the National Anti-Corruption Bureau of Ukraine. It sets clear requirements for control over the activities of the NABU and its accountability, which is not held by any other law enforcement agency in Ukraine. Since the day of the NABU establishment, we have clearly adhered to these requirements and will continue to act this way.
We believe that if the MPs are really interested in the future of our State, they will direct their effort to establishment of independent Anti-corruption Court as soon as possible and provide the Bureau with the right to autonomous wiretapping.