The National Agency for the Prevention of Corruption (NAPC)
continues to manipulate regarding the decision of the Constitutional Court of Ukraine
The Chairman of the Constitutional Court of Ukraine Oleksandr Tupytskyi, the Judge-Rapporteur in the case Ihor Slidenko and other judges of the Court emphasiыed that the decision of the Constitutional Court of Ukraine №13-r/2020 does not imply closing the NAPC register.
Despite this, the Head of the National Agency for the Prevention of Corruption, Oleksandr Novikov, took illegal actions to close the register of electronic declarations, which in turn led to public outrage.
After consultations with the Constitutional Court, the Cabinet of Ministers of Ukraine issued an order obliging the NAPC to immediately provide open round-the-clock access to the Unified State Register of Declarations of Persons Authorised to Perform State or Local Self-Government Functions. In pursuance of the second paragraph of the order, the National Agency for the Prevention of Corruption must ensure that special inspections are conducted in accordance with the requirements of the Law of Ukraine “On Prevention of Corruption”.
This order is valid, it is not disputed by anyone. The above once again confirms the fact that Oleksandr Novikov committed unlawful acts.
It should be noted that in accordance with Article 19.2 of the Constitution of Ukraine, "Bodies of state power and bodies of local self-government and their officials are obliged to act only on the grounds, within the limits of authority, and in the manner envisaged by the Constitution and the laws of Ukraine." At the same time, by closing the register of declarations, the NAPC Head went beyond his powers, which led to a misinterpretation of the decision of the Constitutional Court of Ukraine.
We emphasise once again that the Constitutional Court decision in terms of control over declarations is due only to the fact that in accordance with the Constitution of Ukraine, the executive body cannot interfere in the independence of the judiciary. Moreover, the NAPC Head is aware that depriving the NAPC of its powers does not remove the restrictions and obligations established by the Law of Ukraine "On Prevention of Corruption", including those related to gifts and conflicts of interests, but he continues to provide information in a favourable light.
It should be noted that the decisions of the bodies of constitutional jurisdiction are final and may not be appealed, which European legal institutions have repeatedly drawn attention to. Therefore, the decision of the Constitutional Court is enforceable, and the Verkhovna Rada of Ukraine is working in this direction.
Today, the decision of the Constitutional Court does not pose any threats to the visa-free regime, as well as to any kind of international assistance to our country from foreign countries.
At the same time, all laws of Ukraine that do not comply with the Constitution of Ukraine must be brought into line with the provisions of the Basic Law. The existence of unconstitutional laws in a law-based state which Ukraine aspires to become, will lead to arbitrariness, usurpation of power and change of the constitutional order.
The Constitutional Court of Ukraine stands for the fight against corruption. Moreover, the Court has not destroyed and does not destroy the system of anti-corruption bodies by any its decision. Simultaneously, we are convinced that corruption must be fought in a constitutional manner.
