A lawyer identified obstacles to the effective work of public councils

The main purpose of establishing public councils within government bodies was to promote the exercise of citizens’ constitutional right to participate in the management of public affairs. Public oversight is undoubtedly necessary, but the way in which these councils are formed raises certain doubts.

For example, when establishing the Public Oversight Council at the National Anti-Corruption Bureau of Ukraine (hereinafter “POC at NABU”), the National Bureau independently decided to expand the list of candidates after announcing the results of candidate eligibility for the competition, accepted revised and corrected documents from certain candidates, that is, it determined the competition procedure at its own discretion, giving preference to some candidates and restricting the rights of others.

The NABU Election Commission is formed through an online ranking vote. However, during the election, voting was suspended for a time, possibly to reduce the number of votes for an “undesirable” candidate. In addition, voting continued past the designated voting hours. Violations during the election to this Council were also confirmed by a ruling of the Kyiv City District Administrative Court, which declared the 2016 election to the Public Oversight Council at NABU unlawful.

The establishment of the Public Oversight Council for the State Bureau of Investigations did not go unnoticed by the public. The Public Oversight Council at the SBI was formed at the constituent assembly through a ranked-choice voting process for individuals whose candidacies were nominated by civil society organizations and those present at the assembly. During registration at the meeting, the registration commission registered representatives of civil society organizations after the time allotted for registration had expired, as well as individuals who were not actually present at the meeting, among other issues. Other procedural violations were also documented (failure to issue ballots to participants in the constituent assembly during their registration; failure to approve the agenda and rules of procedure; the minutes of the counting commission’s meeting were not signed by all members of the counting commission, etc.). However, despite numerous violations and complaints from citizens, the composition of the Council was approved by the director of the State Bureau of Investigation.

There can be no question of the effectiveness of any body when such bodies are established in violation of current legislation and with numerous violations of citizens’ constitutional rights.

In addition to the public oversight councils attached to the NABU and the State Bureau of Investigation (GBR), other similar structures are also in operation. For example, the Public Council of Virtue (hereinafter PCV), which operates on a voluntary basis, is not a civil society organization but a body established by law to evaluate candidates for judicial office.

There is widespread distrust of judges, so it is the public that should influence the situation. However, discussions regarding the formation of the new system began immediately. For the first time at the legislative level, it was decided to create a unique body that could not only observe but also directly participate in the selection of judicial personnel. The objectivity and independence of the Public Council of Virtue were called into question, as double standards had been observed during its operations. Soon after, the Council announced its refusal to participate in the qualification assessment of judges.

When assessing the effectiveness of public councils attached to government agencies, a number of serious shortcomings can be identified:

- the passivity of most of the public councils that have been established;

- the abuse of public influence;

- the incompetence of certain members of public councils, which indicates a desire to expand their sphere of influence rather than a commitment to professional work;

- the lack of clear legal regulations governing the requirements for candidates who may serve as members of a public council.