On Tuesday, November 2, Members of Parliament voted in the first reading for draft law No.5067 “On Amendments to the Code of Administrative Procedure of Ukraine on the jurisdiction of cases of the Supreme Court as the court of the first instance”. Instead of eliminating the powers of the scandalous KDAC, this draft law proposes to unload it.
Draft law No.5067 proposes to transfer some cases from KDAC to the Supreme Court as the court of the first instance. The law exclusively concerns complaints against normative acts of the Cabinet of Ministers of Ukraine. Instead, KDAC continues to consider all complaints against decisions of ministries and other central authorities, the NACP, the National Bank, the National Security and Defense Council, etc.
“It is obvious that this is not about limiting arbitrariness KDAC, because the most important cases used by judges to blackmail the government and for their personal enrichment remain in KDAC’s jurisdiction”, expert of the Anti-Corruption Action Center Galyna Chyzhyk stated.
Draft law No.5067 was submitted to the Parliament in February 2021 by President Zelenskyi. Two months later in April this year, the President made the initiative to liquidate KDAC. Although the draft law was submitted to the Parliament as urgent, Members of Parliament has not even considered it in the first reading for more than six months.
In the recent interview with the ICTV channel Volodymyr Zelenskyi answered journalist’s question about liquidation of KDAC. He promised to speed up consideration of the draft law (draft law No.5359). Instead, Members of Parliament submitted only draft law No.5067 for consideration.
“It seems that Members of Parliament are trying to vote for draft law No.5067 as solution to the problem with KDAC. In fact, in this way Members of Parliament save the court from liquidation and keep powers for Pavlo Vovk”, Chyzhyk adds.
We should recall that the urgent presidential draft law on liquidation of KDAC provides for that from the moment the law enters into force, KDAC shall cease its work and shall transfer all cases to Kyiv District Administrative Court within 10 working days, which will consider them until the new court is established.
Read here more about why the liquidation of KDAC is necessary.