Supreme Court rejects attempt to overturn key presidential appointment

Ukraine’s Supreme Court ruled on Sept. 6 to reject a
complaint to overturn a presidential decree appointing Pavlo Zhebrivskiy as auditor
of the National Anti-Corruption Bureau of Ukraine. The court said the case
could not be reviewed in an administrative court, the Anti-Corruption Action
Centre reported. The complaint was filed by MP Serhiy Vlasenko, the lawyer for
Yulia Tymoshenko, the president’s leading challenger in elections scheduled for
March. Meanwhile, Zhebrivskiy is a trusted confidante of President Poroshenko,
who has been accused by the centre’s head, Vitaliy Shabunin, of undermining the
bureau’s work.

Transparency International and the Anti-Corruption
Action Centre also argued that Zhebrivskiy doesn’t meet the requirements for
auditor, who is supposed to have legal experience, particularly in Western
structures. It also proves the president continues to exert influence over
court rulings, the centre said. “Closing the case in response to the
president’s claim proves the court’s bias since no other court is authorized to
resolve this conflict,” the centre said in a statement. These critics have also
pointed out that the auditor is among only a handful of authorities capable of
dismissing the bureau’s head, giving the president excessive influence over
this body.

Zenon Zawada: Even with
the creation of what was supposed to be an independent anti-corruption bureau,
the president is finding ways to influence its authority in investigating
cases. It’s also worth noting that the Specialized Anti-Corruption Prosecutor’s
Office, created in tandem with the bureau, is widely accused of being corrupt
and aligned with the president. These conflicts already are undermining the
integrity and trust in the High Anti-Corruption Court that will be launched and
indicate that the president could find ways to also restrict its independence.
These events show investors that Ukraine’s leadership is not interested in
improving the situation with rule of law, which will be a very slow process.