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District court questions procedure for electing anti-corruption prosecutor

District court questions procedure for electing anti-corruption prosecutor

21 December 2021

The Kyiv District Administrative Court struck down on
Dec. 20 the official procedure related to the commission for selecting the head
of the Specialized Anti-Corruption Prosecutor’s Office. The court stated that
due to legislative changes since 2015, the commission no longer has the right
to select the head. However, the law did not specify the body which does have
this right, pravda.com.ua reported on the same day. The decision is expected to
be appealed.

 

However, the commission, which was already scheduled
to meet on Dec. 21, is meeting as of the time of this writing. Diplomats from
the G7 countries had signaled their attendance, and the meeting was broadcast
on YouTube. No mention of the court case has been made as of yet, pravda.com.ua
reports.

 

James Hydzik: Unless
something extraordinary occurs, there will be a new leader for the office,
eventually. In the meantime, however, the government will drag its feet
whenever not openly impeding the process. For a government focused intently on
controlling narratives, as seen in its relations with the media, a voice on the
important matter of corruption that is not in tune with the government’s is a
hazard. However, the G7 countries have emphasized the importance of filling the
position, and eventually, it will be filled.

 

How the government reconciles the court decision and
the holding of the commission’s meeting is not clear yet. A successful appeal
in the courts is one route, but in itself not the end. In all likelihood, the
selection will take place, and the validation of the process will be dragged
through the courts.

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