Parliament decided to remove the leadership of the State Bureau of Investigation and appoint a new one. And for this, it ignored a number of requirements of the Constitution and the legal positions of the Constitutional Court.
“Law & Business” reports.
By enacting a law “On Amending the Law of Ukraine “On the State Bureau of Investigation” regarding the improvement of the activities of the State Security Service” (project No. 2116), people’s deputies particularly changed the legal status of the bureau of the central executive authority to the state law enforcement agency. Although the Constitution does not envisage this special authority.
Despite the fact that the Constitutional Court now has an idea of unconstitutional powers, presidential powers are appointed by the director.
The amendments not only reproduced this right, but also authorized the head of state to appoint the acting head of the bureau, as well as approve the regulation on the public control council at the State Bureau of Investigation.
According to the Constitution, these powers are entrusted to the President and this is well known on Bankova St., because they made proposals for amendments to the Basic Law in this part, which are analyzed in the Constitutional Court.
It also does not provide for the right of the Verkhovna Rada to appoint members of the competitive commission, to hear reports of the director of the State Bureau of Investigation and to declare his work unsatisfactory. Let alone the function of the current control over the work of the bureau by the relevant committee of the Verkhovna Rada, which also contradicts the decision of the Constitutional Court.
At the moment, a norm was added to the project, which makes the redeployment to the bureau out of competition of some investigators from the General Prosecutor’s Office. True, this will be a right, and not an obligation, of the interim manager of the State Bureau of Investigation, and he must issue an order not later than January 11, 2020.