Verkhovna Rada Brings NABU Status in Line with Constitution: Analysis of Bill

A change of NABU director is also due to take place soon.

The Verkhovna Rada has passed a law bringing the status of the National Anti-Corruption Bureau of Ukraine in line with the requirements of the Constitution of Ukraine.

We explain in more detail what the changes imply and how the EU has reacted.

NABU Status

Bill No.5459-1 brings the NABU Law into line with the Constitution of Ukraine, eliminates gaps in the law and the uncertainty surrounding the current director of the Bureau, which arose after last year's decisions of the Constitutional Court.

On Tuesday, 304 people's deputies voted for the bill in the second reading and as a whole at the plenary session.

The bill establishes that NABU is a central executive body with a special status. Previously, NABU was a state law enforcement body.

It is noted that the requirements of the Cabinet of Ministers for the formation of the structure of the apparatus of a central executive body do not apply to the National Bureau.

The document provides that changing the status of NABU does not require any additional measures related to the liquidation or reorganization of the body.

The bill also removes the provision under which NABU is formed by the president.

According to the proposed changes, the Cabinet coordinates NABU's work within the limits and in the manner established by this law, but the government does not approve the regulation on NABU.

The bill notes that NABU's acts cannot be annulled by the Cabinet of Ministers, either in whole or in part. The Cabinet of Ministers appoints and dismisses the NABU director.

It is also established that the Cabinet of Ministers "exclusively where there are grounds, decides to dismiss the director of the National Bureau from office if not less than two-thirds of the Cabinet's full composition voted for it".

The competitive selection for the post of NABU director is organized and conducted by a competition commission consisting of six people, of whom three commission members are proposed by the Cabinet of Ministers and three by the Cabinet on the basis of proposals from international and foreign organizations that, during the last three years before the end of the NABU director's term or before the day of early termination of his powers, provided Ukraine with international technical assistance in preventing and countering corruption.

The audit of NABU must be carried out by international experts, who will determine the methodology and criteria for such an assessment.

The current NABU director, Artem Sytnyk, will continue to exercise all his powers until the appointment of his successor, the selection of whom must begin after the law enters into force, but no longer than his term of office, which expires in April 2022.

Changing the status of NABU will not require any additional decisions, and the Bureau will be able to continue its work without hindrance.

Recall that in September 2020 the Constitutional Court of Ukraine made a decision in a case on the submission of 50 deputies from the Opposition Platform — For Life and oligarchic influence groups regarding the unconstitutionality of certain provisions of the NABU Law. The Verkhovna Rada was obliged to amend the law.  

Anton Marchuk
expert at the Anti-Corruption Center

In this case, the president and his party fulfilled their promise: NABU's independence has been preserved and the law makes it possible to ensure a transparent selection of the next head of the body. What must follow now is effective implementation of this decision of the Council. Despite dozens of attempts by pro-Russian forces, oligarchs and suspects in corruption to undermine NABU's independence, so far this has not succeeded.

Reaction to the Bill

President of Ukraine Volodymyr Zelensky welcomed the adoption of the law. 

Volodymyr Zelensky 
President of Ukraine

I congratulate the Verkhovna Rada on the adoption of an important law on NABU No. 5459-1. Thank you to all 304 people's deputies who supported this document! Finally, the status of NABU has been regulated in accordance with the Constitution. This is an important step for the stable operation of the anti-corruption infrastructure.

Head of the EU Delegation to Ukraine Matti Maasikas also welcomed the adoption of the bill by the Verkhovna Rada.

Matti Maasikas
EU Ambassador to Ukraine

I welcome today's adoption of amendments to the NABU law as a positive step on the agenda of Ukraine's anti-corruption reform. The EU Delegation to Ukraine is ready to support a transparent process of selecting a new NABU director based on merit.