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The draft law on the Bureau of Financial Security was adopted in the first reading – EBA

04/ 09/ 2020
  Yesterday, in the first reading, the Verkhovna Rada adopted a draft law №3087-d on the Bureau of Financial Security. Thus, the business has a number of comments and suggestions to the text of this draft law. The proposed concept of the Bureau only changes the name of the old authority into a new one, namely tax police into Bureau of Economic Security of Ukraine. Besides, there is a reputational risk regarding the possible employment of existing tax police officers in the newly created authority based on the Law on Civil Service. At the same time, the overstated number of employees and the unclear recruitment procedure still impose additional risks of increased pressure on the business. This draft law also provides extended powers to use special means, including firearms, to some Bureau staff with high ranks. This can be used to exert pressure on the business following the infamous mask show tradition. The EBA experts have repeatedly stressed the need to ban the use of firearms. However, to ensure the physical protection of employees in the performance of their duties, it is possible, as an idea, to involve special units of other law enforcement agencies, such as KORD (Rapid Operational Response Unit of the National Police of Ukraine).  Besides, the document contains a rudimentary rule on state awards in the form of firearms and, according to the business, such a state award should not exist in modern society. Therefore, given the above, the establishment of the Bureau in the proposed format may deepen the distrust of the business and investors in law enforcement. The EBA has repeatedly submitted its proposals for the development of a draft law that could consolidate the best provisions of the draft Law №3087-d and previous draft laws, but, unfortunately, not all of them were included in this document. Therefore, the business once again calls on deputies to completely reconsider the concept of new state authority, withdraw this draft law, and prepare a new draft law based on the following principles: Consolidating the investigation of all economic crimes against the financial interests of the state in a single authority accountable to the Cabinet of Ministers; Political and operational independence of the authority; Transparent and clear procedure for selection and appointment of managers and staff of the new authority; Control over the activities of the authority by the public and relevant supervisory bodies; Increasing the responsibility of employees of the authority for illegal actions; Increasing the analytical component in the investigation of economic crimes; Demilitarizing the new authority;  We hope that in the end the voice of business will be heard and yet we will be able to adopt the concept of a new authoritythat will protect the interests of conscious and transparent business.   Be the first to learn about the latest EBA news with our Telegram-channel – EBAUkraine.

Yesterday, in the first reading, the Verkhovna Rada adopted a draft law №3087-d on the Bureau of Financial Security.

Thus, the business has a number of comments and suggestions to the text of this draft law. The proposed concept of the Bureau only changes the name of the old authority into a new one, namely “tax police” into “Bureau of Economic Security of Ukraine”. Besides, there is a reputational risk regarding the possible employment of existing tax police officers in the newly created authority based on the Law on Civil Service. At the same time, the overstated number of employees and the unclear recruitment procedure still impose additional risks of increased pressure on the business.

This draft law also provides extended powers to use special means, including firearms, to some Bureau staff with high ranks. This can be used to exert pressure on the business following the infamous “mask show” tradition. The EBA experts have repeatedly stressed the need to ban the use of firearms. However, to ensure the physical protection of employees in the performance of their duties, it is possible, as an idea, to involve special units of other law enforcement agencies, such as KORD (Rapid Operational Response Unit of the National Police of Ukraine). 

Besides, the document contains a rudimentary rule on state awards in the form of firearms and, according to the business, such a state award should not exist in modern society. Therefore, given the above, the establishment of the Bureau in the proposed format may deepen the distrust of the business and investors in law enforcement.

The EBA has repeatedly submitted its proposals for the development of a draft law that could consolidate the best provisions of the draft Law №3087-d and previous draft laws, but, unfortunately, not all of them were included in this document.

Therefore, the business once again calls on deputies to completely reconsider the concept of new state authority, withdraw this draft law, and prepare a new draft law based on the following principles:

  • Consolidating the investigation of all economic crimes against the financial interests of the state in a single authority accountable to the Cabinet of Ministers;
  • Political and operational independence of the authority;
  • Transparent and clear procedure for selection and appointment of managers and staff of the new authority;
  • Control over the activities of the authority by the public and relevant supervisory bodies;
  • Increasing the responsibility of employees of the authority for illegal actions;
  • Increasing the analytical component in the investigation of economic crimes;
  • Demilitarizing the new authority;

 We hope that in the end the voice of business will be heard and yet we will be able to adopt the concept of a new authoritythat will protect the interests of conscious and transparent business.

 

Be the first to learn about the latest EBA news with our Telegram-channel EBAUkraine.

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