June 8, 2018

Verkhovna Rada passes bill creating anti-corruption court

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KYIV – The Verkhovna Rada on June 7 overwhelmingly passed a bill establishing the long-awaited anti-corruption court, a key condition for continued aid to Ukraine cited by the International Monetary Fund, as well as the World Bank and the European Union.

The bill, which describes the new court as a permanent “higher specialized court,” was passed by a vote of 315 national deputies for, 25 against, 25 abstaining and 17 not voting.

The United States had spoken out about the necessity of such a court. “The establishment of a genuinely independent anti-corruption court is the most important, immediate step the government can take to meet those demands and roll back corruption that continues to threaten Ukraine’s national security, prosperity and democratic development,” read a statement released by the U.S. State Department on June 5.

President Petro Poroshenko commented that the new law is “in full compliance with the recommendations of the Venice Commission and the Constitution and laws of Ukraine.” He also tweeted: “Today we have completed the formation of anticorruption infrastructure. I want to emphasize the resolve of the Ukrainian authorities to fight corruption.”

National Deputy Iegor Soboliev released a statement hailing the bill’s adoption. He noted: “The Anti-Corruption Court (ACC) shall consider only the top-corruption cases which fall within the investigative jurisdiction of the NABU (National Anti-Corruption Bureau of Ukraine) and the SAPO (Specialized Anti-Corruption Prosecutor’s Office). The Council of International Experts will play an indispensable role in the selection process for the judges of the court.” The key next step, he said, is the nomination of those international experts.

Dragon Capital commented: “…we await the IMF and Venice Commission’s reaction as to whether the bill meets their requirement that Western representatives be given a ‘crucial’ role in the process to select ACC judges as well as adequately responds to other concerns that had been expressed.”

The President of the Venice Commission, Gianni Buquicchio, issued a statement noting, “It is with great satisfaction – I would even say with great joy – that I learnt of today’s decision by the Verkhovna Rada to adopt the law on the High Anti-Corruption Court.”

He also stated: “According to the reports, the law as adopted is in line with the recommendations of the Venice Commission. I would like to congratulate the members of the Verkhovna Rada on today’s vote and thank all those who contributed to the adoption of the law. This is an important step forward for Ukraine and for Europe, most of all for the citizens of Ukraine who have suffered for too long from the evils of corruption. Today’s vote shows that Ukraine is determined to continue on the path of reform and European integration. I now call on all those concerned to ensure the rapid establishment of the court and to provide it with appropriate means for its functioning.”

Soon after the vote on the anti-corruption court measure, Ukraine’s Parliament voted to dismiss Finance Minister Oleksander Danylyuk, supporting a motion submitted by Prime Minister Volodymyr Groysman with 254 votes for the firing.

Mr. Danylyuk is a respected reformer backed by the IMF, and his dismissal is expected to raise concerns among Ukraine’s foreign backers.

RFE/RL reported that the prime minister on June 6 accused Mr. Danylyuk of spreading “distorted information amid our international partners.” Meanwhile, Mr. Danylyuk alleged that he had been asked to support “political corruption” or to quit.

Mr. Danylyuk spoke to reporters after the votes in the Rada. Reuters quoted him as saying that he hoped the IMF would accept the final version of the corruption court law and that his successor would not be a political figure who would use the ministry as a piggy bank for the elections. 

“In reality, the situation in the country is deteriorating and it needs to be recognized,” he said. “The risks are still very high.”

Sources: RFE/RL and Reuters, with contributions from Mark Rachkevych in Kyiv.