Justice Ministry cannot amend Unified State Register to fulfill decision of Constitutional Court – Maliuska.


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"Yesterday, the media circulated information about a separate ruling issued by the District Administrative Court of Kyiv City regarding the situation around the functioning of NABU. In it, the District Administrative Court demands from the government authorities to respond to the decision of the Constitutional Court of Ukraine dated August 28, 2020, which recognized the resolution of the President of Ukraine on the appointment of the director of NABU," Maliuska wrote on his Facebook page on Tuesday.

Thus, the minister said that the Justice Ministry cannot make changes to the Unified State Register in order to fulfil any decision of the Constitutional Court or a separate resolution.

"Changes in the information contained in the registers are made by state registrars, and the Justice Ministry only considers complaints about the actions of registrars and enters data into the Unified State Register solely based on the results of considering such complaints. The times when the Justice Ministry had a Registration Service and registrars are long gone. There is no legal basis or authority to exclude information about Sytnyk as a Director of NABU from the Unified State Register, and he will remain there," Maliuska said.

In addition, according to him, the question of whether NABU is an executive authority or not has not been unambiguously and fully resolved. "The Constitutional Court in its decision said that NABU has signs of a central executive agency, but there is no clear thesis that it is still an executive institution," he said.

The Justice Ministry also said that the provisions of the law on NABU regarding the procedure for appointing a director are still valid and will remain so until December 17, 2020.

"NABU has been and remains a fully functioning law enforcement agency, although I share the concerns of the District Administrative Court of Kyiv City to a certain extent," the minister said.

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