The OGP responded to the demand of NGOs and the media to cancel Shevchuk’s appointment to the SAP commission

Oleksii Shevchuk. PHOTO FROM FACEBOOK

The Prosecutor General’s Office responded to the statements of public organizations and the media regarding the appointment of lawyer Oleksandr Shevchuk to the competitive commission for the selection of the SAP leadership.

Source: Office of the Prosecutor General

Details: The OGP actually repeated the explanation from January 26 about how the competitive commission of the SAP was formed. They reminded that only four candidates submitted documents: three employees of the prosecutor’s office and one lawyer. After one of the candidates refused, the Council of Prosecutors was able to propose only two people to the Prosecutor General, and this was not enough to fill the commission.

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Due to the lack of candidates, the Prosecutor General appointed lawyer Oleksandr Shevchuk, who participated in the selection and met the requirements, as the third member of the commission.

The OGP also emphasized that the Prosecutor General cannot change the composition of the commission at his own discretion.

Literally: “The law clearly states that the Prosecutor General does not have the authority to arbitrarily change the composition of the Competition Commission.”

Details: It is noted that the authority of its member can be prematurely terminated only in the following cases:

• the person’s submission of an application for withdrawal;
• inability to participate in the work of the commission due to health for more than one month;
• submission of an appropriate offer by the Competition Commission itself in the cases stipulated by its regulations;
• entry into legal force of a guilty verdict of the court;
• recognition of a person as incapacitated or missing;
• death.

According to the OGP, there are currently no such grounds.

The Prosecutor General’s Office added that the reputation or work of individual people can be evaluated differently in the public space, but the composition of the commission is determined “based on the requirements of the law, not public assessments or media interpretations”.

The OGP also noted that the commission cannot start work yet, because the Cabinet of Ministers has not yet identified three candidates from international and foreign organizations.

What preceded:

• January 22 The anti-corruption center drew attention to the appointment of lawyer Oleksiy Shevchuk to the commission for selecting candidates for top positions in the Specialized Anti-Corruption Prosecutor’s Office.
• The Prosecutor General’s Office explained that Oleksiy Shevchuk got to the commission for the selection of the SAP leadership after passing an interview at the Council of Prosecutors and due to a lack of other candidates.
• Shevchuk himself stated that a defamation campaign was launched against him, and he plans to sue the “slanderers” for their actions.
• It was noted there that documents from four people were received by the Council of Prosecutors of Ukraine within the deadline set by the law: three representatives of the prosecutor’s community and one lawyer (Shevchuk -ed.). Other persons: lawyers, public figures, experts did not express their desire to participate in the selection and did not submit documents, the OGP emphasizes.
• January 28 pmore than 40 public organizations, media and public figures appealed to the Prosecutor General Ruslan Kravchenko with the demand to cancel the order on the inclusion of Shevchuk in the composition of the competitive commission, which will select candidates for vacant administrative positions in the Specialized Anti-Corruption Prosecutor’s Office. The signatories believe that Shevchuk does not meet the criteria of integrity. In particular, they refer to the fact that he appears in a journalistic investigation about the transfer of men abroad through the “Shlyah” system. According to NGL journalists, more than 200 men of draft age left and did not return due to the conditional “Shevchuk group”. At one time, he supported the “dictatorial laws of January 16” and hosted an author’s program on Medvedchuk’s channels. And also in 2023, the Ethics Council established Shevchuk’s non-compliance with the criteria of professional ethics and integrity, in particular due to doubts about the origin of funds for the construction of real estate and the use of documents that could mislead. Among the signatories are TsPC, TI Ukraine, CHESNO Movement, Bihus.Info, NGL.media and others.

For reference: It is being formed in Ukraine tothe selection committee, which will determine candidates for key management positions in SAP. The same commission will later elect a new head of the SAP after the expiration of Oleksandr Klymenko’s term in office.

In general, it is about selection for positions: deputy Mrgeneral prosecutor – head of the SAP; first deputy head of SAP; deputy head of SAP.

This commission should consist of 6 people: three – from the Council of Prosecutors, another – based on the proposals of international partners. The final composition of the commission must be approved by the Prosecutor General.

So far, the Council of Prosecutors has not been able to recruit a full team – for consideration Mronly two candidates from the number of prosecutors were submitted to the prosecutor. By law in such a situation Mrthe chief prosecutor has the right to independently determine the third member of the commission – so he did it with a corresponding order, the CPC notes.

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