Draft law targets NABU chief, provokes discussions on IMF support

Ukraine’s parliament published on Feb. 17 the
governmental draft law #5070 which would change the work of the National Anti-Corruption
Bureau (NABU) and the procedure of appointing its director.

“The proposed norms create basis for the selection of
controlled head of the NABU,” warned the non-governmental Anti-Ñorruption
Action Center (AntAC) on Feb. 16, the day before it was officially published.
“If this draft law is adopted, the NABU will in fact have both a director and
an interim director, which calls into question the legitimacy of any decisions
made by the bureau’s leadership.”

Justice Minister Denys Malyuska admitted in a
televized interview on Feb. 17 that the draft law had not been coordinated with
the IMF. “It is not agreed with the International Monetary Fund,
discussions are still ongoing. And we will pass the law only after obtaining
approval from the IMF,” Malyuska told Suspilne TV.

Vitaliy Shabunin, the head of AntAC, emphasized that
the IMF will never give such an agreement, since the draft law expressly
violates the previous obligations of the Ukrainian authorities. “We will uphold
NABU’s institutional and operational independence, including by upholding
procedures for appointment of its head and maintaining the limited and serious
grounds for dismissal of its head, in line with Law #2014/1698-VII», reads the
memorandum signed between Ukraine and the IMF.

“Let’s be completely cynical: what is now in the draft
law is a guarantee of additional votes in Parliament,” Malyuska explained on
TV. “(NABU director Artem) Sytnyk is so hated in Parliament that I am sure: any
draft law will get an additional hundred of votes as soon as at the end of it
there is a clause that the executor of duties will not be Sytnyk, but anyone
else.”

When asked by the presenter why Sytnyk is so hated in
Parliament, Malyuska answered: “Because he successfully performs his function.
A really honest head of law enforcement who shows a good result.”

Yuri Svirko: Whatever
the West, the IMF or the Minister of Justice of Ukraine think about Artem
Sytnyk’s performance, passing individual laws trying to solve problems with
some individuals is not good in the long term. In the short term, fighting to
keep NABU director in office or oust him can lead to delays in reaching the
deal with the IMF and even spoil Ukraine’s relationships with its key Western
partners backing Sytnyk.