On September 1, MP Aleksandr Dubinskyi filed an appeal with the State Bureau of Investigation to open criminal proceedings against the illegal director of the National Anti-Corruption Bureau of Ukraine, Artem Sytnyk, under several articles of the Criminal Code:
• Art. 109 - actions aimed at a violent change of power or overthrow of the constitutional order or seizure of power;
• Part 2. Art. 353 - unauthorized appropriation of authority or the rank of an official associated with the use of a uniform or service certificate to law enforcement officials;
• Part 4 of Art. 382 - deliberate failure by an official to comply with the decision of the European Court of Human Rights, the decision of the Constitutional Court of Ukraine and deliberate failure to comply with the conclusion of the Constitutional Court;
• Art. 364 - abuse of power or official position.
On August 28, the Constitutional Court, by its decision No. 9-r / 2020 (in case 1-9 / 2020 (197/20) on the constitutional appeal of 51 MPs), declared the Presidential Decree "On the appointment of Artem Sytnyk as director of the National Anti-Corruption Bureau" dated April 16, 2015, unconstitutional (No. 218/2015). Thus, Sytnik was deprived of his powers. He had to resign.
However, on August 31, Artem Sytnik issued an official statement on the NABU website confirming that he would not comply with the ruling of the Constitutional Court:
"For the first time in the history of Ukraine, the Constitutional Court considered in essence the issue of the constitutionality of an act of individual action despite the opposite previous long-term case law. However, the fact that the Presidential Decree on the appointment is unconstitutional does not terminate the powers of the Director of NABU or any other person appointed by the head of state and does not mean his automatic dismissal. Until the Parliament approves the relevant amendments to the legislation, Artem Sytnyk is required by law to exercise his powers as NABU Director. So now the institution is working in regular operation mode."
It means a constitutional coup, seizure of power, and appropriation of powers, as well as a number of violations of the Criminal Code.
Therefore, MP Dubinskyi demands that the SBI open the relevant criminal proceedings and bring Sytnik to criminal responsibility to the fullest extent of the law. According to the above-mentioned articles, under the Criminal Code, he faces imprisonment for up to 10 years and confiscation of property.
Andrey Pshenichnyi for dubinsky.pro