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HOT ANTICORRUPTION NEWS / Issue #75
October 12, 2018
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Today's issue:
 
- threats to forensics in investigations of grand corruption cases;
- Ukraine’s anticorruption fight hits a brick wall, and the wall has a name;

- the PGO opened criminal proceeding regarding disclosure of the notice of suspicion to SBU official Pavlo Demchyna;
- AntAC lawyers managed to terminate three public procurement contracts totalling to 360,000 USD with a blacklisted company;
- recommended reading

 
Threats to forensics in investigations of grand corruption cases

On September 18, the Verkhovna Rada adopted the draft law No. 8336 in the first reading. Parliamentary committee on law enforcement chaired by Andriy Kozhemiakin intends to consider it for the second reading on Wednesday October 17.

The draft law allegedly aims at eliminating obstacles for the criminal investigations, created in October 2017 by the so-called “Lozovyi’s amendment”. However, it creates even more serious problems for investigation of grand corruption.

Thus, the draft law suggests to abolish mandatory appointment through the court of all forensics, except for economic and those appointed for the needs of investigation of top-corruption cases.

Moreover, information about all forensics is suggested to be collected in one state registry. Wide number of people will have access to it, which would allow subjects of corruption proceedings to receive information about ongoing investigation and appointed forensics, as well as learn the names of experts for exerting pressure. 

Preservation of existing judicial control of forensics for cases of top-level corruption and creation of a single register of forensics are unacceptable. MP Mustafa Nayyem submitted relevant amendments to remove detrimental provisions. More details in a legal brief.

Ukraine’s anticorruption fight hits a brick wall, and the wall has a name - Kholodnytsky
Following the leak of the Kholodnytsky tapes, the prosecutor’s disciplinary commission considered his violations. However, on July 26, using a manipulative interpretation of the law, the commission merely stated that his behavior had been unethical. He was punished with a reprimand for speaking rudely, while the commission ignored his most serious misconduct.

However, Kholodnytsky isn’t off the hook yet. There’s an ongoing criminal case against him that could lead to his dismissal. But this is only Prosecutor General Yuriy Lutsenko who can sign the notice of suspicion for Kholodnytsky, and he has been dragging his feet on this issue for more than six months. Full text of the article.

 
The Prosecutor General’s Office opened criminal proceeding regarding disclosure of the notice of suspicion to Pavlo Demchyna

Following AntAC's appeal, the PGO opened the criminal proceeding regarding disclosure of information of the pre-trial investigation to the first deputy head of the Security Service of Ukraine Pavlo Demchyna. This concerns the case of his possible illicit enrichment.
Although Demchyna learned about the notice of suspicion specifically after NABU had sent its draft to SAPO, the PGO will investigate the leak of information both by SAPO and NABU.
More details

AntAC lawyers managed to terminate three public procurement contracts totalling to 360,000 USD with a blacklisted company
The company chosen to supply conveyers details turned out to had been banned from taking part in public procurements till 2021. AntAC lawyers managed to reveal the offence and sent appeals to the State Audit Service and the customer requesting contract termination. Subsequently, the customer has cancelled that procurement. More details
Recommended Reading
 
Three More Reasons Why I’m Optimistic about Ukraine - Melinda Haring, Atlantic Council 

Health Reform 2019: Our Aims and Aspirations - Pavlo Kovtonyuk, Ministry of Health 

 
Copyright © *2018* Anti-corruption Action Centre*, All rights reserved.

Should you have any questions or comments please contact Olena Halushka at: ohalushka@antac.org.ua

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