Law on anti-corruption court approved in first reading

UKRAINE - In Brief 01 Mar 2018 by Dmytro Boyarchuk

Parliament approved draft law on anti-corruption court in first reading. It’s positive news; however it tells nothing about chances to resume funding from the IMF. The Fund criticized current version of the draft law. In particular, the IMF in its letter on January 11 emphasized that the submitted to the parliament draft law is “not consistent with authorities’ commitment under Ukraine’s IMF-supported program and the recommendations of the Venice Commissions of the Council of Europe”. Specifically the IMF demanded to make the Public Council of International Experts (PCIE) the key decision-maker in selection of judges for High Anti-Corruption Court (HACC) instead of currently proposed advisory role. Also the IMF demanded to lift unrealistic eligibility requirements to judges but to pay attention to impeccable reputation and relevant professional qualifications necessary to adjudicate criminal cases related to corruption. President Petro Poroshenko tries to strip himself from responsibility for the law on anti-corruption court. He keeps repeating that he has completed his part of this task and now it’s on the side of the parliament to tune the legislation in line with the IMF demands. In the meantime, representatives of his political force publicly state that crucial role of PCIE in selection of judges will mean loss of sovereignty and that President should be the one who approves judges for HACC. Put it different, the approval of the draft law on anti-corruption court in first reading does not mean that Ukrainian establishment accepted inevitability of independent HACC. Fight over the leverages of influence over anti-corruption is still ahead. This means the second read...

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