AntAC appealed to the Grand Chamber of the Supreme Court on the decision of the Cassation Administrative Court to refuse to open a proceeding upon activists’ lawsuit against President Petro Poroshenko due to the illegal appointment of Pavlo Zhebrivsky as NABU auditor. Activists appeal the decision, as the grounds for refusal are illegal.
We would like to remind that the Supreme Court did not want to consider the case and immediately decided that the activists had no right to go to court to appeal the President’s Decree.
Later, the Supreme Court published an explanation of the refusal, stating that the President’s Decree is an act of individual action and cannot be appealed by those who are not addressed in it.
“If the decree violates the law of Ukraine and poses a threat to fight against corruption in Ukraine, but it is not addressed directly to activists, then it cannot be appealed. Following this logic means that only Zhebrivskyi himself can appeal the illegal appointment of NABU auditor,” said Vitaliy Tsokur, the AntAC lawyer.
Recalling the fact that on June 27, the Anti-Corruption Action Centre, Transparency International Ukraine, and AutoMaydan sued the President Petro Poroshenko due to the violation of the law and appointment of Pavlo Zhebrivskyi as NABU auditor.
The activists demand to dismiss Zhebrivskyi from the post of NABU auditor by canceling the President’s Decree. The reason is lack of work experience of Zhebrivskyi in law enforcement or judicial bodies abroad or in international organizations, as required by law.
According to Article 26 of the Law “On the National Anti-Corruption Bureau”, NABU auditor must have experience in foreign pre-trial investigation authorities, prosecution, courts or international organizations. Pavlo Zhebrivskyi, according to his official biography, does not have such experience. Later he confirmed it to journalists.
Poroshenko signed the Decree on the appointment of Zhebrivskyi as an auditor of the National Anti-Corruption Bureau of Ukraine on June 19.