For the first time in the history of Ukraine, the Constitutional Court of Ukraine considered the issue of the constitutionality of an act of individual action, despite the opposite previous long-term judicial practice. However, the fact that the Presidential Decree on Appointment on the NABU Director is declared unconstitutional does not terminate the powers of the NABU Director or any other person who is appointed by the President, and does not automatically mean his dismissal. Until the Verkhovna Rada of Ukraine adopts the amendments to the legislation, Artem Sytnyk has the right to exercise his powers as the NABU Director. Therefore, currently NABU is operates normally.
At the same time, the presence of such decision of the Constitutional Court of Ukraine jeopardizes the opportunity of appointing a new Director of the National Bureau. To eliminate this risk, it is necessary to resolve the issue in the legislative field, with the obligatory preservation of guarantees of the independence of NABU, a key element of which is a special procedure for the appointment and removal of a Director. The National Bureau is ready to join the process of bringing legislation in line with the Constitution of Ukraine.
It should be reminded, that according to Article 6 of the Law of Ukraine "On the National Anti-Corruption Bureau of Ukraine" the powers of the Director of the National Bureau are terminated due to the expiration of the term of office or death. He cannot be dismissed, and the Decree of the President of Ukraine on his Appointment cannot be canceled, except the grounds specified in this Law. Among which there is no "declaration of the Decree of the President of Ukraine unconstitutional." Any other decision will look dubious and provide an opportunity for further appeal in court as illegal.
There are no legal grounds for appointment of an Acting Director, because the Director of the National Bureau himself is neither on sick leave, nor on vacation and has not been absent from the workplace for other legal reasons.
We remind that Artem Sytnyk officially won an open competition among 176 candidates and was appointed to the NABU Director post on April 16, 2015.