The RPR experts on media reform express deep concern about another attempt of the Radical Party of Ukraine to replace a member of the Supervisory Board of PJSC National Public Broadcasting Company of Ukraine (PJSC NPBCU).

On the 9^th of March 2017, the meeting of the National Council of Ukraine on Television and Radio Broadcasting considered the petition of the parliamentary faction of the Radical Party of Oleh Lyashko concerning replacement of the representative in the Supervisory Board of PJSC NPBCU. The corresponding petition from the faction signed by Oleh Lyashko was submitted to the National Council on February 24, 2017. The regulator decided to consider this issue at the subsequent meetings in order to find out the reasons for the requested replacement.

The RPR media group reminds both the faction of the Radical Party of Oleh Lyashko and all other political forces in Ukrainian Parliament that the law provides for an exhaustive list of grounds for termination of powers of a member of the Supervisory Board:

• expiration of the term of office;
• application for termination of such powers at one’s own request;
• termination of the citizenship of Ukraine or departure for permanent residence outside Ukraine;
• grounds related to conviction of a crime or conflict of interest;
• entry into force of a “guilty” verdict against the person;
• inability to perform his/her duties due to health-related problems for six months or more if an appropriate medical report is available;
• entry into force of a court decision declaring the person legally incompetent or possessing limited legal competence;
• death or declaring the person missing;
• absence from three meetings of the Supervisory Board of NPBCU, except when the health condition does not allow to participate in the meetings, as evidenced by a medical certificate.

The law prohibits early termination of office of a member of the Supervisory Board of NPBCU for any other reasons. We believe that the second attempt to replace the member of the Supervisory Board of PJSC NPBCU is not only illustrative in terms of the level of responsibility for their decisions, but also it is a prime example of legal nihilism, which is unacceptable for a Member of Parliament of Ukraine.

We reiterate that the Supervisory Board of PJSC NPBCU was formed in strict compliance with the law and due process based on the rule of law and principles of impartiality. The composition of the Supervisory Board was approved on December 17, 2015, and given the fact that PJSC NPBCU was created on January 19, 2017, the term of office should be counted from that date on, which was also confirmed by the decision of the regulator.

Supporting statement of the members of the NPBCU Supervisory Board of March 13, 2014, the RPR expert group on media reform demands to put an end to the political games around public broadcasting and stop staking the reputation of Ukraine as a state able to implement European standards and international obligations, in particular in the field of public broadcasting, because of the grievances or ambitions of political forces.

In this regard, the RPR media group calls upon:

1) the faction of the Radical Party of Lyashko in the Verkhovna Rada – to immediately withdraw the petition of the faction to the National Council of Television and Radio Broadcasting of Ukraine with a demand to replace the representative at the Supervisory Board of the NPBCU, since it directly and grossly violates the law;

2) the National Council of Television and Radio Broadcasting – to be governed exclusively by the Law of Ukraine “On Public Television and Radio Broadcasting of Ukraine” when considering this and any other similar petitions of parliamentary factions and groups regarding membership in the Supervisory Board of NPBCU.