November 23, 2018

Today's issue:
- "Transparency, but lack of accountability: how to overcome public procurements corruption?" AntAC study;
- NABU news;
- SAPO prosecutor Yarova participated Tymoshenko's political forum;
- the ECHR will consider AntAC’s appeal against classification of court decision regarding Yanukovych’s money;
- new attacks: trial against Automaidan activists, attempt to criminalize libel; 
- recommended reading

"Transparency, but lack of accountability: how to overcome public procurements corruption?" AntAC study

In Ukraine before the Revolution of Dignity public procurements were one of the most widely used tools of embezzlement and misappropriation. To address the issue, procurement reform was put as a priority on the state’s reforms agenda. 

However, it turned out in practice that better transparency was introduced, but no liability for non-competitive actions followed. The main problem appeared to be inactivity and incapability of controlling authorities, and specifically the State Audit Service of Ukraine, allowing dishonest purchasing agencies and bidders to keep breaching the law and making fortune.

In this study, progress in public procurement sphere is assessed, roadblocks for effective implementation are defined, solutions are offered. Full text

NABU news

NABU detective: Accused officials of the state enterprise "United mining and chemical company" supplied raw materials to ORDLO and Russia - Sasha Drik's conversation with Olena Krolovetska

NABU director Artem Sytnyk denied allegations that he received money for selling a land plot in Crimea and failed to submit this in e-declaration.

Sytnyk explained that in January 2015, before appointment, he and his wife understood that they would not be able to go to Crimea and take care of the land plot.

His wife made the power of attorney at the Ukrainian notary on the name of her acquaintance, so that she would be able to manage the land. After that no legally significant actions have been committed by Sytnyk family. NABU director stated that he would continue to submit this land plot in his declaration, because according to the Law of Ukraine, it was not sold and they never received money for it. More details
Another attempt to get rid of NABU director Artem Sytnyk. Lawyer Roman Maselko about ridiculous court decision: 

Recently, District Administrative Court of Kyiv found Sytnyk's appointment illegal. The court did not find any violations in actions or declarations of Sytnyk himself. Where was the violation then? The court found that requests regarding special examination should be filed in a special order via the National Agency on Civil Service. But in this case, the Presidential Administration directly filed the request. Moreover, the Tax Administration had to reply in a special form. Instead, it replied with the ordinary letter. 

But the main point of the decision is that the court actually gives recommendations how to cancel Sytnyk’s election as NABU director. Thus, the court says that since it has recognized the violation of procedure, now the President can either declare his decree on Sytnyk's appointment invalid, or any of candidates can appeal and cancel the decree.

In the meantime, claimant in the case was company Studio of Law LLC, in which NABU had conducted the search in one of the cases. More details

SAPO prosecutor Olga Yarova attended Tymoshenko's political forum
SAPO prosecutor Olga Yarova participated in Yulia Tymoshenko's forum "Ukraine's New Course" in June 2018. Thus, Yarova violated article 18 of the law "On Prosecutor's Office", which states that the prosecutor cannot be a member of a political party, take part in political actions, rallies and strikes. 
AntAC filed an appeal to the Qualification-disciplinary commission of the prosecutors regarding the issue. After considering the appeal, the commission can bring Yarova to disciplinary liability. 

Yarova is a procedural leader in the case of infamous Rotterdam plus electricity formula, investigated by NABU.
The ECHR will consider AntAC’s appeal against classification of court decision regarding Yanukovych’s money

In October 2017, AntAC sued the Prosecutor General Lutsenko and the prosecutor of the ATO forces Kostyantyn Kulyk, who classified the known decision of Kramatorsk Court, according to which 1.5 billion USD of the escaped President Viktor Yanukovych were allegedly confiscated.

“We are convinced that the decision was illegally classified in order to hide from society the fact how these 1.5 billion USD were stolen during Yanukovych’s time. And who from current and former top officials were accomplices of the crime”, says Daria Kaleniuk, AntAC executive director. Full text

New attacks: trial against Automaidan activists

On November 29, 2018, at 12 pm the first hearing in a case regarding three Automaidan activists will be held in Pechersk district court of Kyiv.

They may face four to seven years in prison for throwing eggs at Poroshenko’s Bloc MP Oleh Barna in July 2017. The case was qualified by the prosecution as battery of a public official. The criminal proceeding intensified right after December 2017 motorcade “A Blanket for the Prosecutor General” near Lutsenko’s house.
More details

Attempt to criminalize libel
Members of Parliament from Poroshenko's Bloc Mykola Palamarchuk, Artur Palatnyi and Oleh Velikin made the “gift” for citizens of Ukraine on the Dignity and Freedom Day. They registered the draft law No. 9306, which is another attempt to criminalize libel at the legislative level.

30 NGOs call on the MPs to prevent the introduction of rudimentary and undemocratic norms in the national legislation. They urge the authors to withdraw the draft law. Full text of the statement. 
Recommended Reading
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