NABU retains institutional independence - statement in view of amendments to the Law "On the National Anti-Corruption Bureau of Ukraine"

10.11.2021 00:00

Amendments to the Law of Ukraine "On the National Anti-Corruption Bureau of Ukraine", which took effect on Nov. 10, 2021, eliminate legal controversies provoked by the decision of the Constitutional Court of Ukraine to declare certain provisions of the Law unconstitutional.

From now on, NABU is a central executive body with a special status. However, this fact does not change the key principles of the National Bureau's operational capacity: institutional independence and competence in investigating corruption and other criminal offenses. A special procedure for the appointment and dismissal of the Director, as an effective tool in countering attempts to exert political influence on the agency, has been preserved. The law also clearly states that the Bureau's new status shall not involve any reorganization or liquidation procedures as well as the need to make decisions on labor relations with the staff. Therefore, NABU continues to operate in normal mode.

At the same time, the new status of the National Bureau requires amendments to a number of documents, which is now the competence of the Cabinet of Ministers of Ukraine. First of all, it is about the standardization of the work of NABU's Civil Oversight Council, which requires the adoption of new regulations on COC's activity and member selection competition. Any delay in addressing these issues may soon result in blocking the work of NABU's competition and disciplinary commissions that, inter alia, include COC's representatives. It is also crucial not to delay the preparation and holding of the competition to select a new Director of the National Bureau in April next year, in order to avoid the situation around the election of SAPO head.

The new status of the National Bureau does not change the principles of its work. We will continue to profess political neutrality and openness, abide by the law and expose high-level corruption, regardless of party affiliation and posts.