When preparing any legislative act, it is necessary to observe a logical sequence and interrelation of normative provisions. It is unacceptable for the provisions of the bill to contradict the Constitution and laws of Ukraine.
The legislator must adhere to the legislative work plan and its deadlines for developing and submitting bills.
Instead, we have rapid actions by legislators, which caused dissatisfaction among those who exploited the topic of fighting corruption.
It is unacceptable to tolerate a part of society that demands some special and extraordinary powers for anti-corruption bodies without any control and subordination, instead of clear adherence to the Constitution of Ukraine and laws.
Ukraine is a republic, according to the Declaration of State Sovereignty and the Constitution. According to the constitutional definition, a republic is a democratic form of government where power is exercised by the people through their elected representatives.
Ukraine is independent in resolving any issues of its state life, therefore the existence of law enforcement agencies dependent on foreign influence is unacceptable, just as appealing to foreign governments in connection with the actions of Ukrainian parliamentarians is unacceptable.
Currently, the legislator has eliminated legal conflicts regarding the exercise of powers by the Prosecutor General, organically subordinating the Specialized Anti-Corruption Prosecutor's Office in accordance with the requirements of the Constitution of Ukraine and the Law of Ukraine "On the Prosecutor's Office."
Thus, the amendments to the Criminal Procedure Code of Ukraine returned the SAP to the organizational and procedural unity of the prosecutor's offices from its unnatural mode of existence, which increases the level of responsibility within the system.
The issue of the constitutionality of the creation, staffing, and activities of NABU remains unresolved. I remind you that the Constitutional Court of Ukraine previously recognized the appointment of the NABU head as unconstitutional, and the ratio of expenditures on this body to its effectiveness casts doubt on the expediency of its existence.
Only the restoration of constitutional order and strict adherence to Ukrainian legislation can ensure legality and the functioning of a rule of law state.
Volodymyr Bohatyr, lawyer