On May 26 the Cabinet adopted the decision to appoint ukrainian law professor and human rights lawyer Mykhailo Buromenskiy as NABU auditor.
The decision was taken during extraordinary meeting of the Cabinet on Friday late afternoon called on the last-minute.
The Cabinet gave Buromenskiy a priority over 12 other candidates, including former US prosecutor Marta Boersch, head of OLAF Giovanni Kessler, former head of Qutemala Commission on Impunity Carlos Castresana, US prosecutor Robert Storch. Most of the candidates were interviewed by the Prime Minister and Ministers on Wednesday, May 24. Foreign candidates and national candidates received different category of questions.
The interviews were broadcasted and recorded online, but only after pressure from civil society to do so.
Mr. Buromenskiy was appointed despite the fact that he does not have experience in foreign law-enforcement bodies and his experience as ECHR ad hoc judge does not deal with anticorruption.
This step of the Cabinet does not comply with Ukraine’s commitment under Memorandum with IMF, which requires NABU auditor to have experience in anti-corruption investigations in other countries.
President and the parliament of Ukraine has not yet appointed their candidates, but might make up the decision within the upcoming week.
The law of Ukraine on NABU prescribes conduction of annual external audit for NABU. The audit has to be conducted by 3 auditors – one appointed by Verkhovna Rada, one by President, one by Cabinet of Ministers.
The law sets up requirements for NABU auditor, namely they should “have significant experience in pretrial investigation agencies, prosecution, courts abroad or in international organizations, possess proper knowledge and skills for conducting of such an audit and have excellent professional reputation”.
The negative conclusion of the audit is a legal ground for a dismissal of NABU director. It is expected that the audit will be conducted by August 2017.