The National Anticorruption Bureau (NACB) states that the provision on appeal enshrined in the Law of Ukraine On Higher Anticorruption Court will allow high-ranking officials, whose cases are being currently heard at courts, to escape justice.
Ukrainian News agency learnt this from a top official in the NACB.
According to the source, some defendants in the NACB cases celebrated that victory on June 13, in particular, former member of the Ukrainian Parliament Mykola Martynenko.
As Ukrainian News Agency earlier reported, the NACB calls for revision of the provision on appeal in the Law of Ukraine On Higher Anticorruption Court.
The Parliamentary Committee on Legal Policy and Justice states that the provision on appeal within the Law of Ukraine On Higher Anticorruption Court has been agreed with the European Commission for Democracy through Law (Venice Commission).
According to the report, otherwise any transfer of the case would entail overloading of the Higher Anticorruption Court judges taking into consideration substantial amount of cases.
Besides, the Committee took into account the fact that in compliance with the wording of the bill adopted following the first reading, the Chamber of Appeal of the Higher Anticorruption Court will fulfill the functions of an appeal court only with regard to the rulings of the Higher Anticorruption Court.
Besides, the Committee strongly deflects accusations of non-governmental organizations about "non-reading out by the committee chairperson of the amendments regarding the consideration of appeals within the cases of the National Anticorruption Bureau (NACB) in the courts of general jurisdiction, instead of the newly-established Higher Anticorruption Court, and the appearance of such amendments an hour before the voting itself."
The law was adopted by the Verkhovna Rada of Ukraine on June 7 and published by the Holos Ukrainy parliamentary newspaper on June 13, Ukrainian News Agency reports.
The Anticorruption Court will start operating after appointment of at least 35 judges of whom at least 10 should be judges of the Chamber of Appeal.
The ceiling number of judges will be determined later.
The Anticorruption Court is formed of judges, investigative judges and judges of a chamber of appeal.
The number of Anticorruption Court judges will be determined later.
The Anticorruption Court will hear criminal cases upon corruption investigated by the National Anticorruption Bureau (NACB), however, only in the case when such a crime exceeds the size of the living wage for able-bodied persons 500 or more times (at preset it is UAH 881,000).
Besides, the bill envisions establish of the Public Council of International Experts able to veto Anticorruption Court judges' candidacies.
The Council is established for the period of 6 years by the High Qualification Commission of Judges (HQCJ) and is an auxiliary body.
Council members are appointed on the basis of proposals from international organizations Ukraine is cooperating with in the field of prevention and counteraction to corruption under respective international agreements.
Members of the Public Council can be citizens of Ukraine or foreigners having irreproachable business reputation, high professional and moral qualities, working experience of at least 5 years in other countries.
The Council members will be remunerated with UAH 132,200, the wage of a Supreme Court judge and will also receive fare and accommodation compensation (for those living abroad).
The Public Council of International Experts collects, checks and analyzes information about judge candidates and hands it over to the HQCJ.
At that initiative of at least three Council members, a joint meeting with the HQCJ can be convened.
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