Regulations on the Civil Oversight Council

CABINET DECREE #132
On the Civil Oversight Council at the National Anti-Corruption Bureau of Ukraine

In accordance with the second paragraph of Part 1 of Article 31 of the Law of Ukraine "On the National Anti-Corruption Bureau of Ukraine" the Cabinet of Ministers of Ukraine decides to:

Adopt the following:

Regulations on the Civil Oversight Council at the National Anti-Corruption Bureau of Ukraine;

Procedure for the formation of the Civil Oversight Council at the National Anti-Corruption Bureau of Ukraine.

Prime Minister

Denys SHMYHAL

APPROVED
by the Cabinet Decree of 16 February 2022, #132

REGULATIONS
on the Civil Oversight Council at the National Anti-corruption Bureau of Ukraine

1. The Civil Oversight Council at the National Anti-Corruption Bureau of Ukraine (hereinafter – the Civil Oversight Council) is a permanent collegial consultative and advisory elected body established according to the Law of Ukraine “On the National Anti-Corruption Bureau of Ukraine”.

2. The work of the Civil Oversight Council is guided by the Constitution and the Laws of Ukraine, Presidential Decrees and Resolutions of the Verkhovna Rada of Ukraine adopted in accordance with the Constitution and the Laws of Ukraine, Decrees of the Cabinet of Ministers of Ukraine, other legislative acts and these Regulations.

3. The Civil Oversight Council conducts its activities according to the principles of the rule of law, legitimacy and publicity, no affiliation with political parties, impartiality, free will and equal rights of the members, openness to society and non-interference in the National Anti-Corruption Bureau's and its employees' work.

4. The main tasks of the Civil Oversight Council are:

  • ensuring transparency and civil control of the National Anti-Corruption Bureau's work;
  • facilitating the anti-corruption cooperation between the National Anti-Corruption Bureau of Ukraine on one side and public associations and other civil society institutions on the other side;
  • facilitating provision of objective information to the Director of the National Anti-Corruption Bureau on the public assessment of the state of implementation of the tasks and responsibilities assigned to the National Anti-Corruption Bureau.

5. The Civil Oversight Council:

  • receives information on the NABU's work, implementation of plans and tasks;
  • examines the NABU reports and within fortnight adopts conclusions on those reports;
  • conducts public monitoring of the National Anti-Corruption Bureau's compliance with public proposals and comments on its work, transparency and openness, respect for human and civil rights and freedoms, the principle of gender equality, access to public information in its possession, and compliance with legislative acts aimed at preventing and combating corruption;
  • organizes public events to discuss topical issues of the National Anti-Corruption Bureau;
  • elects two representatives of its number to become members of the NABU Disciplinary commission;
  • elects representatives to become members of internal committees conducting competition for positions available at the National Anti-Corruption Bureau of Ukraine, up to a maximum of three representatives for one competition committee;
  • promotes public discussions of draft legislative acts concerning the work of the National Anti-Corruption Bureau of Ukraine;
  • initiates expert discussions on the issues of openness and transparency of the NABU's work, prevention of attempts to discredit NABU and its employees; gives recommendations on these issues;
  • prepares and publishes an annual activity report.

6. The Civil Oversight Council has the right to:

  • form permanent and temporary working bodies (commissions, expert groups, etc.);
  • receive, upon written request from the National Anti-Corruption Bureau, other state bodies, local self-government bodies, enterprises, institutions and organizations, the information necessary to ensure the performance of its tasks, except for information restricted by law;
  • organize and hold meetings, conferences, seminars, round tables and other events;
  • exercise other rights that do not contradict the law.

7. The Civil Oversight Council while fulfilling its tasks interacts with individuals and legal entities, international organizations, public associations, including international, other civil society institutions, the media, government agencies, local governments.

8. The 15 members of the Civil Oversight Council are selected through open and transparent competition for a two-year term. Following the results of competition, the National Anti-Corruption Bureau, by decision of the Director, publishes the online voting results on the official website of the National Anti-Corruption Bureau, indicating the number of votes cast for each candidate and the composition of the Council, and in case of competition for the election of members of the Council instead of those whose powers have been prematurely terminated - indicating the elected members of the Council.

9. Early termination of the Civil Oversight Council occurs after:

  • failure to hold a meeting of the Council for two consecutive quarters;
  • a relevant decision has been made at its meeting;
  • reorganization (liquidation) of the National Anti-Corruption Bureau.

10. Powers of a Council member shall be terminated early in the case of:

  • resignation of their own volition;
  • inability to perform their duties over health problems;
  • death;
  • entry into force of a court decision declaring them incapacitated or with limited civil capacity, missing or dead;
  • entry into force of a court conviction against them;
  • providing false information in their competition application;
  • restrictions stipulated by Part 1 Article 31 of the Law of Ukraine “On the National Anti-Corruption Bureau of Ukraine”;
  • systematic absence from Council meetings without good reason (more than three times in a row);
  • a decision by the Council on improper performance of the tasks assigned to them or inconsistency of their actions with the principles of Council's activity. 

Early termination of powers of a Council member in cases provided for in subitems 1 to 7 of this item shall occur automatically if a legal fact is established, and in cases provided for in subitems 8 and 9 of this item the Council shall make a due decision by at least two thirds of its members.

In case of early termination of more than one third of the Council, the Director of the National Anti-Corruption Bureau announces a competition within five working days from the date of early termination of powers of the sixth member of the Council. The decision shall be published on the official website of the National Anti-Corruption Bureau.

11. At the opening meeting, Council members by simple majority vote elect the Chairman of the Council, the Deputy, and the Secretary.

The Chairman, the Deputy, the Secretary, and other members of the Civil Oversight Council perform their duties on a voluntary basis. Council members do not have licences, or other special documents proving their Council membership.

12. The Chairman of the Civil Oversight Council:

  • organises the council's work;
  • convenes and chairs Council meetings;
  • represents the Civil Oversight Council in relations with state agencies, local authorities, public associations, enterprises, institutions and organizations;
  • signs the minutes of the Council meetings and other documents on behalf of the Council;
  • initiates the publication of information about the activities of the Council on the official website of the National Anti-Corruption Bureau and on social media pages.

13. In the absence of the Civil Oversight Council's Chairman, its meetings are chaired by the Secretary.

14. The Secretary of the Civil Oversight Council:

  • convenes Council meetings and informs Council members on their time and venue;
  • keeps the minutes of Council meetings;
  • prepares draft documents for Council meetings;
  • informs Council members about the results of the implementation of Council decisions;
  • prepares documents necessary for the implementation of Council decisions;
  • organizes the preparation of the annual report on Council activities and submits it for approval by the Council;
  • collects proposals on the agenda of Council meetings;
  • organizes and conducts Council's online voting;
  • provides information to the public on Council's work. In the absence of the Secretary at a Council meeting, their functions on the proposal of the Chairman are entrusted by voting to one of the members of the Council.

15. Members of the Council shall:

  • take part in Council meetings and prepare materials for them;
  • perform their respective duties;
  • timely inform about the reasons for absence from Council meetings.

16. The Chairman, the Deputy, and the Secretary of the Council shall terminate their powers:

  • in case of early termination of powers as Council member as per item 10 of the Regulations;
  • in case of resignation of their own volition;
  • by decision of the Council, if two thirds of its members voted for such a decision.

17. Meetings shall be Council's basic working format. Meetings are held if necessary at the initiative of the Chairman, one third of the members of the Council, or at the request of the Director of the National Anti-Corruption Bureau, but at least once a quarter.

If a Council meeting is held in the premises of the National Anti-Corruption Bureau, the date shall be agreed with the Director of the National Anti-Corruption Bureau no later than 96 hours before the meeting.

A Council meeting time and venue shall be communicated to Council members no later than 48 hours before the meeting.

18. Council members shall exercise their powers in person and shall not have the right to delegate their powers to participate in Council meetings and vote to other persons, including other Council members. In the absence of a Council member, he has the right to express in writing (including in an electronic document) his position, which is announced by the Chairman before the vote. Council members may participate in the meeting by videoconference or by phone. Council members shall inform the Secretary about their participation in a meeting by videoconference or by phone before the beginning of the meeting.

19. A Council meeting is valid if the majority of Council members are present at the meeting. The decisions of the Civil Oversight Council are made by the majority of Council members present at a meeting.

In case of equal distribution of votes, the vote of the Chairman is decisive. The decisions of the Council may be taken through open voting by a majority online vote organized by the Secretary. The decisions of the Council are recommendatory though binding for examination by the National Anti-Corruption Bureau.

20. At the invitation of the Chairman of the Council, the Director of the National Anti-Corruption Bureau, his First Deputy and Deputy Directors, employees of the National Anti-Corruption Bureau, officials of state bodies and local governments, experts, members of public councils at state bodies, and other persons may take part in Council meetings.

21. Based on the results of a Council meeting, the minutes shall be drawn up, which shall be signed by the Chairman of the Council and the Secretary of the Council, and in the absence of the Chairman - by the Deputy. Copies of the minutes of Council meetings shall be sent to the Director of the National Anti-Corruption Bureau within five working days from the date of a Council meeting.

22. Regulations on the Civil Oversight Council at the National Anti-Corruption Bureau of Ukraine and Procedure for the formation of the Civil Oversight Council at the National Anti-Corruption Bureau of Ukraine, the composition of the Council, information on the competition for electing members of the Council, including on termination/early termination of Council's powers, and early termination of powers of a Council member, as well as Council's conclusions on the report of the National Anti-Corruption Bureau shall be posted on the official website of the National Anti-Corruption Bureau.

23. Organizational support for the Civil Oversight Council activities is provided by the NABU department assigned by the NABU Director.

APPROVED
by the Cabinet Decree of 16 February 2022, #132

PROCEDURE
for the formation of the Civil Oversight Council at the National Anti-corruption Bureau of Ukraine

1. This Procedure provides for the order of formation of the Civil Oversight Council at the National Anti-Corruption Bureau of Ukraine through an open and transparent competition.

2. The Civil Oversight Council includes 15 members who are selected through an open competition.

The competition process involves preferential online voting by Ukrainian citizens residing in the country.

3. According to the Law of Ukraine “On the National Anti-Corruption Bureau of Ukraine”, the following groups of people cannot be elected as Council members:

  • persons authorized to perform functions of the state or local governments;
  • persons who have been employed at the National Anti-Corruption Bureau of Ukraine or other law enforcement agency (regardless of the employment duration) over the previous two years;
  • persons whose relatives have been employed at the National Anti-Corruption Bureau of Ukraine or other law enforcement agency (regardless of the employment duration) over the previous two years.

4. For the purpose of the competition, the National Anti-Corruption Bureau shall establish a commission and approve regulations on its work and composition in order to respond promptly to the organizational and technical issues. The National Anti-Corruption Bureau of Ukraine shall announce the date of the competition at the official NABU website.

The announcement should contain the deadline for applying and sending necessary documents which has to be at least five working days away from the start of the competition, e-mail address for sending documents and applications, date and time of the preferential online voting, and a list of copies of the documents of candidates. The documents referred to in subitems 1, 3, 5, 6 of item 6 of this Procedure shall be published on the official website of the National Anti-Corruption Bureau.

5. The candidates for Council positions are nominated by public associations registered at least one year before the day of the announcement of the competition whose statutory activities involve preventing and combating corruption.

A public association can nominate no more than three candidates for the competition.

Candidates nominated for the competition have to meet the requirements indicated in item 3 of this Procedure.

If a public association does not meet the requirements set out in the first paragraph of this item, its nominees are not allowed to participate in the competition and any of their documents are not posted on the official website of the National Anti-Corruption Bureau.

6. The public associations shall nominate candidates for Council positions by sending the following information to the e-mail address listed in the announcement:

  • decision on nominating certain candidates for the competition made by the public association's governing body;
  • code of access to the results of providing administrative services in the field of state registration of legal entities, public entities that do not have the status of a legal entity, and natural persons - entrepreneurs. A copy of the charter of the public association is submitted in case of its absence on the portal of electronic services;
  • candidate's application for participation in the competition with the notification of absence of the Council membership restrictions determined by the Law of Ukraine “On the National Anti-Corruption Bureau of Ukraine”;
  • details of an identity document confirming the citizenship of Ukraine;
  • CV of the candidate, containing: surname, name, and patronymic (if any), date, month, year and place of birth, citizenship, educational and professional background, position (occupation), place of employment, public work (including elected positions), membership in political parties (including in the past), criminal or administrative responsibility records (if any);
  • a cover letter telling why a candidate wants to be elected a member of the Civil Oversight Council;
  • contact phone number and e-mail address. 

The candidate and the nominating public association are responsible for the accuracy of the information they provide.

The documents sent by a public association (except for the documents listed in subitems 2, 4, 7 of this item) are published on the NABU official website within two working days. If necessary, this period may be extended by the National Anti-Corruption Bureau for up to five working days. If a public association does not meet the requirements specified in subitems 1-7 of this item, its proposed candidates are not allowed to participate in the competition and any of their documents are not posted on the official website of the National Anti-Corruption Bureau.

7. If the number of candidates nominated for the competition is less than 15, the National Anti-corruption Bureau of Ukraine may extend the application deadline and postpone the date of the preferential online voting. This decision shall be posted on the Bureau's official website within two working days.

8. The preferential on-line voting is held on the Bureau's official website and lasts for twelve hours.

Any citizen residing on the territory of Ukraine can cast his or her vote. The citizen that participates in the preferential online voting can vote for no more than 15 candidates if the whole Council is being elected, or for only one candidate if one Council member is elected to replace those whose term of office has been prematurely terminated.

9. During the voting, the following conditions shall be provided:

  • free access and use of information and communication system through which voting is carried out;
  • electronic registration of citizens to participate in voting using the capabilities of information and communication and digital technologies;
  • indication of the date and time of voting, the possibility of getting acquainted with the voting progress, and the counting of votes (without disclosing the personal data of those who voted).

10. The fifteen candidates who get the most votes are appointed members of the Civil Oversight Council. If only one candidate is being elected to replace the Council member whose term of office has been terminated, the candidate who gets the most votes becomes the Council member. In case of impossibility to determine the elected candidate due to the same number of votes cast for several candidates, voting shall be repeated among such candidates within ten days, while the results of other elected candidates (if any) shall be posted on the official website of the National Anti-Corruption Bureau, stipulated by item 11 of this Procedure.

11. After the voting on the composition of the Council is over, the respective results are posted on the Bureau's official website within three working days, including information on the number of votes cast for every candidate, the list of newly elected Council members. If only one candidate is being elected to replace the Council member whose powers have been prematurely terminated, the name of the elected candidate also shall be published on the website.