The Ukrainian parliament has passed in the second reading the law on the status of the National Anti-Corruption Bureau of Ukraine. The law envisions that the NABU will become a central executive body with a special status. Accordingly, the Cabinet of Ministers will receive the right to appoint and dismiss the NABU director. This was announced during the regular plenary session of the Verkhovna Rada of Ukraine on October 19, 2021.

 The draft law No. 5459-1 «On Amendments to Certain Laws of Ukraine regarding bringing the status of the National Anti-Corruption Bureau of Ukraine in accordance with the requirements of the Constitution of Ukraine» was supported by 304 MPs on the second reading and in general with the necessary technical-legal amendments. Twelve MPs were against it, 23 abstained and 20 did not vote.

 According to the bill, the NABU will become a central executive body with a special status.

 The NABU director will be appointed by the Cabinet of Ministers (now the president appoints the NABU director) following a competition and will be dismissed in certain cases according to the law.

 If there are reasons, the government may decide to dismiss the NABU director if at least two thirds of the Cabinet votes in favor.

 It is specified that the director of the NABU can be dismissed only on the grounds and according to the procedure established by the Criminal Procedure Code.

 In the case of removal or dismissal of the NABU director, his duties will be performed by the first deputy director.

 The contest for the position of the NABU director will be held by a commission of six people, three of whom are identified by the government and three also by the government, but «based on proposals from international and foreign organizations that have provided Ukraine with international technical assistance in preventing and countering corruption. Such partners will be determined by the Ministry of Foreign Affairs.

 The Competition Commission shall submit a proposal on the appointment of candidates to the position of the NABU director to the Prime Minister, who is obliged to submit a corresponding submission to the Cabinet of Ministers within 10 days. During a public meeting the government appoints one of the two candidates nominated by the competition committee as Director of the NABU.

 The activities of the NABU will be coordinated and directed by the Cabinet exclusively as follows:

 Approval of the draft anti-corruption strategy and approval of the state program for its implementation; development of draft laws on the state budget, providing funding for the NABU in the amount necessary for the effective performance of its powers;receipt and consideration of a written report on the NABU activities;approval of the regulation on the Board of Public Control under the NABU and the procedure for its formation;appointment of persons to the commission on an external independent evaluation (audit) of the effectiveness of the NABU and the SAP.

 But at the same time, the Cabinet did not receive the right to approve the NABU regulations – it will be the director's authority. Also, the NABU director will be able to approve the regulations on structural units and job descriptions of employees without the approval of the Cabinet.

 The bill says that NABU acts cannot be fully or partially canceled by the Cabinet of Ministers.

 The law also provides for an external evaluation of the NABU's performance, which will be conducted by a three-person commission «determined by the Cabinet of Ministers based on proposals from development partners who have provided Ukraine with international technical assistance in preventing and countering corruption».