Regulations on the Civil Oversight Council

PRESIDENTIAL DECREE №272/2015
The issues of Civil Oversight Council at the National Anti-corruption Bureau of Ukraine

 

In order to guarantee development and functioning of the Civil Oversight Council at the National Anti-corruption Bureau of Ukraine, pursuant to the Law of Ukraine “On the National Anti-corruption Bureau of Ukraine”

1. Adopt the following:

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

Regulation on rules of forming the Civil Oversight Council at the National Anti-corruption Bureau of Ukraine.

1. This Decree shall enter into force upon its publication.

President of Ukraine
Petro POROSHENKO

 

 

APPROVED
By Decree of the President of Ukraine of 15 May 2015

 

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 established according to the Law of Ukraine “On the National Anti-corruption Bureau of Ukraine” in order to provide transparency and civil control over the work of 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, Decrees by 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:

1) civil control of the National Anti-corruption Bureau's work;

2) facilitating cooperation in the sphere of fighting corruption between the National Anti-corruption Bureau of Ukraine on one side and public associations and other civil society institutions on the other side.

5. The Civil Oversight Council:

1) receives information on the NABU's work, implementation of plans and tasks;

2) studies the NABU reports and adopts conclusions on those reports;

3) elects three representatives of its number to become members of the NABU Disciplinary commission;

4) 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;

5) promotes public discussions of draft legal acts and enactments concerning the work of the National Anti-corruption Bureau of Ukraine;

6) conducts discussions on the issues of openness and transparency of the NABU's work, preventing attempts to discredit the NABU and its employees involving NGO representatives, mass media and Ukrainian citizens; gives recommendations on these issues;

7) expresses as appropriate its position on the documented violations of the law, rights and liberties of individuals and citizens committed by the NABU employees.

6. The Civil Oversight Council while fulfilling its tasks may cooperate with public associations, including international associations, non-governmental media and other civil society institutions.

7. The 15 members of the Civil Oversight Council are selected through open and transparent competition. At the opening meeting the Council members by simple majority vote elect one of their number to be the Head of the Council, and, at the suggestion of the newly elected Head, the secretary of the Civil Oversight Council.

The Head, the secretary and other members of the Civil Oversight Council participate in the Council's work on a voluntary basis, without pay.

8. The term of office for the Civil Oversight Council is one year.

The term of office of the Council members can be terminated in the event of:

1) a Council member resigning voluntarily;

2) a court decision coming into force declaring a Council member incapacitated, with limited civil capacity, missing or dead;

3) a council member being found guilty by court;

4) false information being uncovered in the competition application of one of the Council members;

5) circumstances arising that make it impossible for the person to be a Council member;

6) absence at two Council meetings in a row.

If the Council member's term of office is terminated, the competition for his position is announced. The winner of the competition becomes the member of the Civil Oversight Council and replaces the one whose term of office has been terminated for the time remaining until the end of the year the Council was elected for.

9. The Head of the Civil Oversight Council organises the council's work; convenes and chairs the Council's meetings; represents the Civil Oversight Council in relations with state agencies, local authorities, public associations, enterprises, institutions and organizations.

10. In the absence of the Civil Oversight Council's Head, its meetings are chaired by the secretary. The secretary prepares draft documents for the meetings, informs the Council members of the implementation of the Council's decisions and informs the public on the Council's activities.

11. The Council members participate in the meetings of the Civil Oversight Council and production of materials for the meetings. At the direction of the Council they ensure implementation of the Council's decisions in its competence.

12. The Civil Oversight Council meetings are held on an as-needed basis, but not less than once every three months.

The meetings can be initiated by the Council's head, by the majority of the Council members or at the request of the National Anti-corruption Bureau's Director.

The Council has to agree with the NABU Director upon the meeting date.

13. The Council meeting is valid if the majority of the Council members are present at the meeting.

The Civil Oversight Council members are not allowed to delegate their right to participate in the Council meetings and their right to vote at the Council meetings to a third party, not even to another Council member. If a Council member is absent at the meeting, he has the right to express his position in writing.

The decisions of the Civil Oversight Council are made by the majority of the Council members present at the meeting.

The Council Head can invite the NABU employees, government officials, local officials, experts, members of civil councils of other agencies or other persons to participate in the Council's meetings. The persons invited participate in the meeting in a consultative capacity.

14. Summary record is prepared for every meeting of the Civil Oversight Council. It is signed by the Council's Head, or in his absence – by the secretary.

Copies of all the summary records of the meetings are sent to the Director of the National Anti-corruption Bureau of Ukraine.

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

 

Chief of the Presidential Administration of Ukraine
B. LOZHKIN

 

 

 

APPROVED
By the Presidential Decree of 15 May 2015

 

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

 

1. These Regulations determine the procedure for constituting the Civil Oversight Council at the National Anti-corruption Bureau of Ukraine (hereinafter – the Civil Oversight Council) through an open and transparent competition.

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

The competition process includes preferential online voting of 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 the Civil Oversight 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. Before the competition for positions of the Civil Oversight Council members starts, the Director of the National Anti-corruption Bureau of Ukraine has to announce the start of the competition at the official NABU website.

The announcement should contain the deadline for applying and sending in necessary documents which has to be at least five working days away; e-mail address for sending documents and applications for the competition; date and time of the preferential on-line voting.

5. The candidates for positions of the Council members are nominated by public associations whose statutory activities include preventing and combating corruption (hereinafter – public associations).

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 the paragraph 3 of these Regulations.

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

1) decision on nominating certain candidates for the competition made by the public association's governing body;

2) copy of the public association's Statute:

3) copy of the public association's certificate of registration;

4)the candidate's application for the competition stating that the candidate is not subject to the restrictions for members of the Civil Oversight Council listed in the Law of Ukraine “On the National Anti-corruption Bureau of Ukraine”;

5) copy of the candidate's identity documents;

6) the candidate's CV including his full name, date and place of birth, citizenship, education, work experience, position (occupation), place of employment, community work (including that in elected positions), political party membership (including former membership), criminal records;

7) self-completed declaration of the person authorized to perform functions of the state or local governments for the year prior to the year the competition was announced;

8) the candidate's cover letter telling why he  or she wants to be elected a member of the Civil Oversight Council;

9) the candidate's contact phone number and e-mail address;

10) written consent to handling of personal information and publishing copies of documents listed in sub-paragraphs 4, 6, 7, 8 of this paragraph.

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

The documents sent by the public association (except for the documents listed in sub-paragraphs 5, 9, 10 of this paragraph) are published on the NABU official website within 24 hours. The declaration of the person authorized to perform functions of the state or local governments is published in accordance with conditions provided by law. If a public association does not send the necessary documents listed in sub-paragraphs 1-10 of this paragraph, the candidates it nominated are excluded from participation in the competition and their documents are not published on the NABU official website.

7. If the number of candidates nominated for the competition is less than 15, the Director of the National Anti-corruption Bureau of Ukraine can extend the application deadline and postpone the date of the preferential on-line voting. This decision has to be announced by the NABU Director on the Bureau's official website.

8. The preferential on-line voting is held on the NABU 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 on-line 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 the one whose term of office has been terminated.

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.

9. After the competition for positions of the Civil Oversight Council members is over, the Director of the National Anti-corruption Bureau of Ukraine has to announce the results of the voting on the official NABU website (including information on the number of votes cast for every candidate) and the list of newly elected Council members. If only one candidate is being elected to replace the Council member whose term of office has been terminated, the name of the elected candidate also has to be published on the website.

 

Chief of Presidential Administration of Ukraine
B. LOZHKIN