Court supports the NABU position on refusal to publish the Memorandum with the FBI

18.03.2019 00:00

The decision of the Sixth Administrative Court of Appeal confirmed that the National Anti-Corruption Bureau of Ukraine (NABU) lawfully refused to provide certified copies of Memorandum of Understanding between the NABU and the Federal Bureau of Investigation (FBI) at the request of a non-governmental organization "Pravova derzhava". This is stated in the decision of the Administrative Court of Appeal dated March 13, 2019. The decision has come into force the same day.

The court decision abolished the previous decision of the Kyiv District Administrative Court (hereinafter - KDAC) and denied the applicants' lawsuit on recognition the unlawfulness of the actions of the NABU employees.

At the end of 2017, NGO "Pravova derzhava" sent to the NABU a request on providing a copy of the Memorandum between the NABU, the Specialized Anti-Corruption Prosecutor's Office and the Federal Bureau of Investigation of the United States of America. In response, the NABU informed that the content of the Memorandum is confidential and cannot be disclosed.

On January 25, 2018, the NGO "Pravova derzhava" filed a lawsuit to the KDAC. Among other things, the lawsuit required to oblige the National Bureau to provide certified copies of the Memorandum of Understanding between the NABU, the SAPO and FBI for the period from 2014 to January 25, 2018.

On November 23, 2018, the KDAC partially satisfied the claim of the NGO and recognized the NABU actions on failure to provide copies of documents unlawful. After that the NABU proved the lawfulness of its actions and appealed the decision of the Kyiv District Administrative Court.

It should be reminded that in June 2016, the NABU signed a Memorandum of Understanding with the FBI. A year later, in June 2017, the cooperation continued for another two years