The SBI director should reconsider illegal decision on dismissals

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On May 28, Director of the State Bureau of Investigations Roman Truba ordered to dismiss the below middle managers: director of the territorial administration in Poltava Volodymyr Tymoshko, the head of the Second Office of Pre-trial Investigation Oleksandr Turu, the head of the Planning and Financial Activity Department Denys Lutsyk and the head of the Department for the Support of Activities Ruslan Tytarchuk. The reason behind this order was the non-compliance with the office by the above persons during the trial period stipulated by the Law of Ukraine “On Civil Service”.

However, this contradicts the norms of the Law of Ukraine “On the State Bureau of Investigations”, which states: The SBI Director shall appoint and dismiss directors of territorial bodies, heads of departments of the central apparatus of the SBI, upon submission by the Competition Commission (Art. 13 of the Law). However, before submission, the director must obtain approval from their deputies (clause 9 of Part 1, Part 2 of Art. 12 of the Law).

These articles of the Law “On the State Bureau of Investigations” contradict the norms of the Law “On Civil Service”, by which actually justify the order on dismissal. In particular: the state body or official has been legally conferred authority on behalf of the state alone and without any approval: to appoint to an appropriate office in the civil service in a state body, and also to dismiss from office. At the same time, the norms and requirements of the special Law have higher legal force, therefore the corresponding dismissal is illegal.

Such a decision taken at the sole discretion of the SBI Director casts doubt on the transparency and independence of the functioning of the units of the Bureau, especially when it concerns the dismissal of one of the heads of the territorial administration of the SBI. The law does not focus power in the hands of a single person in the Bureau, therefore, it created quasi-collegial management and limited directors in making individual decisions on the fate of the subordinates.

Experts of the Law enforcement bodies reform group of the Reanimation Package of Reforms coalition call on Roman Truba to review the unlawful decision and resolve HR issues solely in a law-determined manner.

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