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It is unacceptable to transfer the Deposit Guarantee Fund to "manual" management – MP

Kyiv • UNN

 • 114153 views

Experts and lawyers point to violations of the Constitution and the creation of corruption risks due to the bill that makes the FGVFO completely controlled.

It is unacceptable to transfer the Deposit Guarantee Fund to "manual" management – MP

The "Batkivshchyna" faction will not support the bill of the head of the Verkhovna Rada Committee on Finance, Taxation and Customs Policy, Danilo Hetmantsev, which makes the Deposit Guarantee Fund (FGVFO) completely controlled in a "manual mode". This was stated in a comment to UNN by MP Mykhailo Tsymbaliuk.

Context

The head of the parliamentary tax committee, Danilo Hetmantsev, submitted to the Verkhovna Rada a draft law "On Amendments to Certain Legislative Acts of Ukraine Regarding the Regulation of Certain Issues of the Activity of the Deposit Guarantee Fund, the National Bank of Ukraine, and Investment Institutions". After a detailed study of the document, it became clear that the proposed changes contradict the Constitution of Ukraine in terms of citizens' right to freely own property, as well as the right to judicial appeal and a fair trial. Moreover, Hetmantsev's legislative initiative violates a number of existing laws and creates significant corruption risks. Additionally, Hetmantsev's bill contradicts obligations undertaken by Ukraine before the International Monetary Fund (IMF) within the framework of the current funding program.

It is clear at first glance that such things cannot be supported by the "Batkivshchyna" faction. Because, in fact, giving the right to manage the Fund in a manual mode is unacceptable. We will need to wait for the consideration of this bill and the conclusion of the anti-corruption committee (the Verkhovna Rada Committee on Anti-Corruption Policy – ed.), because we believe that there may be signs of corruption potential there

– emphasized Mykhailo Tsymbaliuk.

According to him, this document will also be considered by the expert council. In addition, in the opinion of the MP, the bill should also undergo discussion with the professional associations it concerns.

"In the form proposed, we will not support it," – concluded the politician.

Reminder

The founder of the law firm "Kasyanenko and Partners" Dmitro Kasyanenko criticized Hetmantsev's bill regarding the limitation of the time for appealing FGVFO decisions in courts to 1 month. According to him, this contradicts the general principles of civil legislation and creates preconditions for abuses by responsible officials. The lawyer emphasized that this does not comply with Article 55 of the Constitution of Ukraine, which guarantees everyone the right to judicial protection, and also contradicts the practice of the European Court of Human Rights, which requires ensuring reasonable time limits for appealing to the court.

The head of the NGO "Independent Anti-Corruption Bureau of Ukraine" Arsen Marinuskin believes that Hetmantsev's bill is lobbyist and is an attempt to create a convenient legal reality for the FGVFO.

"I have already observed a disturbing trend in legislation, where in special laws the authors try to establish a "statute of limitations" where it cannot be by definition. In my opinion, on the one hand, this is a legal manipulation to justify the Deposit Guarantee Fund for possible mistakes, and on the other, a basic misunderstanding of legal foundations," - noted Arsen Marinuskin.

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