Andrey Portnov
Former MP and chief lawyer of the Yanukovych presidential administration, Andriy Portnov, criticized the situation surrounding the appointment of leadership to the National Anti-Corruption Bureau.
On his Facebook page, he stated that the current President of Ukraine, Petro Poroshenko, does not have the authority or competence to appoint the Bureau's leadership in accordance with the Constitution and current legislation.
Based on Andrey Portnov's observation, it can be concluded that the existence of the National Anti-Corruption Bureau, as well as its activities, will be unconstitutional if the Basic Law and other Laws are not brought into line with the Bureau's activities.
Two in one.
For several months now, the President, Prime Minister, members of parliament, and activists have been discussing the creation of a National Anti-Corruption Bureau and the appointment of its head.
While the President is preparing to submit a candidate for the Bureau's director to Parliament, I dare to inform you that he does not have such competence or authority.
The fact is that the Ukrainian Constitution does not permit the President to be granted new powers through Ukrainian laws. This can only be done through constitutional amendments.
This is established by the Constitution itself and dozens of decisions of the Constitutional Court of Ukraine.
Therefore, the authorities risk calling into question the decisions of the National Anti-Corruption Bureau in advance due to the illegitimate procedure for appointing its head.
But the exceptional cynicism lies in the fact that the former President, in one of the criminal proceedings, is for some reason accused of exercising powers that were not provided for in the Constitution.
The appointment of the Head of the Anti-Corruption Bureau by the current President, without the powers provided for by the Constitution, is fully consistent with the aforementioned criminal plot.
I'm not hinting at anything, but a time may come in Ukraine when cases with similar plots can be combined into a single proceeding. And there will be two bosses in the same case.
We also bring to your attention: IMPLEMENTATION OF THE NATIONAL ANTI-CORRUPTION BUREAU
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