NABU and SAPO should be independent for the success of implementation of anti-corruption reforms in Ukraine - OECD

15.02.2018 00:00

The Anti-Corruption Network for Eastern Europe and Central Asia (ACN) of the Organization for Economic Co-operation and Development (OECD) recommends to establish the Anti-Corruption Court in Ukraine without delay and to preserve the independence of the newly established anti-corruption agencies. Also the OECD recommends ensuring compliance with the jurisdiction of the National Anti-Corruption Bureau of Ukraine (NABU) and the Specialized Anti-Corruption Prosecutor's Office (SAPO) according to the Criminal Procedural Code of Ukraine. Such recommendations were provided to Ukraine by the OECP in the Report «Round 4. Monitoring Report on Anti-Corruption Reforms in Ukraine».

"Currently, the establishment of the Anti-Corruption Court is one of the priorities for Ukraine. Not only due to the fact that the judicial system lacks independence, but also due to professional reasons. Cases as of top-corrupt officials, investigated by the NABU and the SAPO, are complicated and require a very high professional level of judges," said the Director of the Financial Investigation Unit Liechtenstein, the Head of the OECD Monitoring Group Daniel Thelesklaf at the presentation of the Report, which took place on February 14, 2018.

He recalled that according to the recommendations of the Venice Commission the key condition for the establishment of an independent Anti-Corruption Court is the transparent selection of judges with the involvement of international experts.

Daniel Thelesklaf called Ukrainian government to be more persistent in decision-making related to the combating corruption.

"On the one hand, the pressure exerted to the NABU and the SAPO indicates that the law enforcement agencies do their job efficiently. On the other hand, this is a cause for concerns. Either you support the confrontation of corruption and anti-corruption agencies or you do not.  A neutral position on this issue cannot exist," said the representative of the OECD.

Among other recommendations of OECD, there are the following: to provide the NABU and the SAPO with full access to databases of e-declarations system, to provide the NABU with the right to autonomous wiretapping, to prevent external interference in the NABU's activities. The Report sets out 25 recommendations for Ukraine's further steps towards the implementation of international commitments and other conclusions on the implementation of anti-corruption reforms in Ukraine.

 Reference

The Report on the implementation of anti-corruption reforms in Ukraine in the framework of the Fourth Round of Monitoring of the Istanbul Anti-Corruption Action Plan was adopted at the ACN meeting on 14 September 2017 at the OECD in Paris.

The Anti-Corruption Network for Eastern Europe and Central Asia is one of OECD's external programs aimed at promoting high standards of combating corruption in participating countries. Ukraine is a participant in one of the subregional initiatives of the Anti-Corruption Network - the Istanbul Anti-Corruption Action Plan since 2003 and last years has been actively involved in the monitoring meetings of the plan.