The law on gambling came into force on August 13, 2020, which meant the need to create a Commission for the supervision of the gambling market within the next 2 months. The regulation of gambling has become one of the most pressing issues. The work of the Cabinet was not long in coming: on September 23, an official statement on the creation of such a Commission was issued.
However, another "but" came - a collision, which was formed in one of the articles of the law. In one part, it is indicated that the competition for the selection of members of the Commission should be conducted by the Cabinet of Ministers with the involvement of candidates from the relevant committee. In another part, it is said that this should be a commission from the highest corps of the civil service according to the general procedure for the selection of civil servants.
Anna Buyadzhi, Managing Partner of VigoLex Law Firm, comments:
"However, even this miscalculation of the legislator is not the biggest problem now, since the government decided to act with lightning speed and according to the" third "procedure, which is not at all provided in the law on gambling. So, on October 5, 2020, the Cabinet of Ministers accepted an order "On the need to appoint the Chairman of the Commission for the Regulation of Gambling and Lotteries." It is clear from the text of the document that the National Agency for Civil Service should consider the documents of those who wishing to take part in the selection and then submit them to the Minister of the Cabinet of Ministers for interviewing the candidates."
On October 6 of this year, the corresponding vacancies appeared on the Single Portal of Civil Service Vacancies, and the deadline for submitting documents was set for October 12.
“Having considerable experience in preparing, filling out and submitting documents for various high government positions, I will say that it is almost impossible to collect a full set of documents in such a short time. At the same time, candidates still need to fill out an electronic declaration of their property status, which is also not an easy task. I suppose that such short deadlines for submission of documents may indicate that the persons holding the positions of the chairman and members of the commission were already known in advance, and they already had the necessary package of documents. "
These are just assumptions, but there are other questions as well. Where is the open and transparent competition? Why candidates did not pass tests for knowledge of legislation and for abstract thinking, as defined by the Law of Ukraine "On Civil Service"? Parliamentarians say that the appointment procedure has been changed because of the established quarantine measures. So, for the period of quarantine and 30 days after its end, the procedure for temporary selection for civil service positions will be in force by concluding a fixed-term contract.
"From the analysis of the order on the appointment of the Chairman of the Commission, we can assume that the procedure for appointment by concluding a contract is applied, although this order does not contain a direct reference to the specified procedure. Thus, the selection of commission members should take place according to some original procedure, not provided for by the current legislation, by "conducting an interview" by the Minister of the Cabinet of Ministers. And this does not seem to be a violation. At the same time, I have reasonable doubts about the legality of such actions.
The Law on the State Budget temporarily suspended the norms of the Law of Ukraine “On Civil Service” and the Law “On Central Executive Bodies”, but by no means the Law on Gambling, which defines a special procedure for the election and appointment of commission members. So, in my opinion, the order on the appointment of the chairman of the commission, where the special procedure is applied, is at least contested, and at the most - frankly illegal, since it was accepted contrary to the mandatory provisions of the law on gambling. "
Let us remind: the legality of the gambling business in Ukraine was established with the acceptance of the relevant bill in the second reading at a meeting of the Verkhovna Rada of Ukraine on July 14, 2020.
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