“Pitfalls of the Law on the Anti-Corruption Court” – Lev Pidlisetskyi

As noted by Samopomich deputy Lev Pidlisetskyi, any bill with a promising name might have a couple of regulations that will not allow the document to be implemented in a quality way. Something similar happened to the presidential draft law on the Anti-Corruption Court, to which the IMF submitted 3 pages of comments.

He underscores, “Among other comments, there is one about the too stringent requirements for the candidates for positions. On the one hand, it is good when we have such high expectations, but, on the other hand, will we find people for the positions altogether? We might be searching for years, and for years the bill will not be implemented.

The second issue is the fact that it is not clearly defined what the minimum number of judges should be there for the Anti-Corruption Court to start working. That is, unless there is a fully formed staff of judges – and there should be a lot of judges – the court will not start its work.”

Thirdly, according to the people’s deputy, the document developed by the Presidential Administration grants only consultative rights to the commission consisting of international experts that was supposed to select judges, which can significantly affect the quality of the selection process. “This is unacceptable,” Pidlisetskyi says, “since the success of NABU and SAP is only due to the fact that these are the bodies whose employees were selected by independent commissions of European representatives.”

He continues, “The fourth issue is the jurisdiction of this court. The bill proposed by the President envisages that this court will be dealing with a huge number of lawsuits, including those that are transferred from the Ministry of Internal Affairs. This means that the Anti-Corruption Court will be probably piled up with all sorts of small cases and will have no time to engage in major corruption cases.”

Consequently, the people’s deputy concludes, “On the surface, everything might seem nice, but de facto there are completely different goals behind beautiful words.”

We shall recall that Samopomich representatives have submitted to the Verkhovna Rada an alternative bill to president’s one on the Supreme Anti-Corruption Court.

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