September 21, 2018

Today's issue:
- how the evidences fell out of “Avakov's backpacks case”?
- new legislative threats to NABU investigations;
- EU-Ukraine Parliamentary Association Committee issued a statement on Ukrainian reforms;
- anticorruption court updates: 337 candidates applied;
- how "lap" judges with experience have become useful to current authorities;
- Supreme Court abolished HQCJ’s restrictive regulations on operation of Public Integrity Council;

- Regional Administrative Court of Kyiv considers work of undercover agent in the "amber mafia" case unlawful;
- oil for Putin's crony Oksana Marchenko - journalistic investigation;
- recommended reading

How The Evidences Fell Out Of
“Avakov's Backpacks Case”?
How was embezzlement of public funds by a group of people turned into a fraud of a middleman? Full text

In the meantime, the Court of Appeal compelled Solomianskyi court to consider AntAC's lawsuit regarding closure of the “case backpacks”. More details

New Legislative Threats to NABU Investigations
  • Draft law No8336, adopted in the first reading, threatens efficiency of investigation expertise of NABU. The draft law provides for creation of a special registry of expertises for the needs of criminal investigations under the Ministry of Justice. This will in fact allow the officials to access information about which economic expertise being conducted in the course of which criminal investigation. More details
  • On September 18, the Parliament adopted the law No8490 in full. The law allows an investigative judge to close any criminal case where a notice of suspicion was not served within established terms. Moreover, request to close the case may come from any third party indirectly involved in the case. More details
EU-Ukraine Parliamentary Association Committee Issued A Statement On Ukrainian Reforms

The Committee welcomed adoption of the anticorruption court law, praised the work done by NABU and highlighted the importance to preserve its independence, and called for effective investigation of the case against SAPO head Nazar Kholodnytskyi. It also reiterated its call to the Ukrainian Parliament to urgently abolish the provisions imposing

e-declaration requirements for anticorruption activists; strongly condemned physical attacks against civil rights activists as well as pressure on investigative journalists and emphasised the importance of effective investigations of all these attacks. Full text
Anticorruption Court Updates:
337 Candidates Applied

As of September 20, the High Qualification Commission of Judges registered 337 candidates for the High Anticorruption Court. 236 candidates are running for positions of trial judges and 101 applied for the Appeals Chamber.

However, the number of candidates will decrease as the HQCJ will assess their compliance with qualification requirements set by the law and formal requirements on submission of documents set by the HQCJ.

There is a number of questionable candidates among judges who applied. More details

How “Lap” Judges With Experience Have Become Useful To Current Authorities

The judges who made illegal decisions regarding activists of the Euromaydan have opaque assets, are re-elected to the Supreme Court and other courts for the indefinite period. The possibility of bringing them to justice for committed violations in the past or now, tends to zero.

Selective justice has specific “faces”. Ukrayinska Pravda tells about judges who made decisions in favor of the government in the 2000s, during the time of Yanukovych and today. Full text

Supreme Court Abolished HQCJ’s Restrictive Regulations On Operation of Public Integrity Council

On September 19 the Cassation Administrative Court of the Supreme Court recognized as unlawful and abolished provision of the Rules of Procedure of the High Qualification Commission of Judges on additional requirements for negative opinions of the Public Integrity Council. However, the decision is not yet final, as the HQCJ has a right to appeal it to the Grand Chamber.

It shall be noted that likewise with the PIC, the law does not give the HQCJ an authority to establish any additional regulations or requirements towards decisions of the Public Council of International Experts. More details

Regional Administrative Court of Kyiv Considers Work Of Undercover Agent In The "Amber Mafia" Case Unlawful

On September 20 Regional Administrative Court of Kyiv ruled that investigative actions within criminal case against MP Boryslav Rozenblat were unlawful. MP was indicted in bribery. The lawsuit was filed by Rozenblat himself.

Though administrative court has no jurisdiction over matters of criminal investigation, it is expected that respective decision will be used by Rozenblat’s attorneys to undermine accusations against him. The decision was passed by dubious judge Arsiriy. More details

Oil For Putin's Crony Oksana Marchenko - Journalistic Investigation

Investigative program: “Schemes: Corruption in details” (joint project of the Radio Liberty and TV channel UA:First) found out that Victor Medvedchuk’s wife, TV presenter Oksana Marchenko, is developing Gavrykivske oil deposit in Russia. Full text of the investigation

Following the release of the investigation, on September 18 Medvedchuk told: “My wife is not doing business, she is owning business, while I am managing it. Why I cannot own business? Because my “beloved” Americans imposed sanctions on me in March 2014. This caused peculiarities to business, which now belongs to my family”.

Recommended Reading
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