The Court adopted the decision in the case on the constitutionality of specific provisions
of the Law of Ukraine “On the National Anti-Corruption Bureau”
On September 16, the Grand Chamber of the Constitutional Court of Ukraine considered the case upon the constitutional petition of 50 People's Deputies of Ukraine on the constitutionality of specific provisions of the Law of Ukraine “On the National Anti-Corruption Bureau of Ukraine” of October 14, 2014 № 1698-VII as amended (hereinafter – the Law).
Upon the results of the consideration of the case, the Constitutional Court of Ukraine adopted the decision in which specific provisions of the Law were declared as non-complying with the Basic Law of Ukraine, namely: entitling the President of Ukraine with the authority to establish the National Anti-Corruption Bureau of Ukraine, to appoint and dismiss the Bureau’s Director, to define three persons to the commission on holding competition for the office of the Director of the National Anti-Corruption Bureau of Ukraine, to determine one member of the commission of external control for holding independent assessment (audit) of the efficiency of the Bureau’s activity, its operational and institutional independence and to approve the Regulations on the council of public control and on the procedure of its formation.
Furthermore, the Constitutional Court of Ukraine terminated the constitutional proceedings in the case on conformity of paragraph one of Article 1.1 of the Law in the part of determination of the National Anti-Corruption Bureau of Ukraine as a “state law-enforcement body” to the Constitution of Ukraine.
At the same time, the Court indicated that the Verkhovna Rada of Ukraine shall immediately bring the provisions of the legislation of Ukraine into conformity with this Decision.
The provisions of the Law declared unconstitutional shall lose their effect three months from the day of the adoption of this decision by the Constitutional Court of Ukraine.
The Decision of the Constitutional Court of Ukraine is binding, final and may not be appealed.
The text of the decision will be promulgated on the official website of the Constitutional Court (section “Acts of the Court”).
