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On Compliance with International Obligations and Appointment of the Winner of the Competition for the Position of the Head of the Bureau of Economic Security of Ukraine

To the President of Ukraine

TO V. ZELENSKYY

To the Prime Minister of Ukraine

SHMYHAL D.A.

First Vice Prime Minister of Ukraine

Minister of Economy of Ukraine

Y.A. SVYRYDENKO

Minister of Finance of Ukraine

S.M. MARCHENKO

Regarding compliance with international

obligations and the appointment of the winner

of the competition for the position of the Head of the Bureau of

of Economic Security of Ukraine

 

Dear Vladimir Alexandrovich!

Dear Denis Anatolyevich!

Dear Yulia Anatoliivna!

Dear Sergey Mikhailovich!

 

The Ukrainian Business Council, a union of 124 business associations representing more than 27,000 companies from various industries, created to consolidate business and implement socially important reforms for the country’s sustainable economic development, expresses its respect and addresses you in connection with the situation around the competitive selection of the Director of the Bureau of Economic Security of Ukraine (BES).

For a long time, Ukrainian business has been insisting on the creation of a single law enforcement agency to combat economic crimes, which would also protect honest businesses from excessive pressure from state law enforcement agencies. That is why the creation of the BES in 2019 as an analytical and law enforcement agency was met with great support. However, the four years of the BES’s operation have unfortunately demonstrated a deep discrepancy between the initial concept of the body and its actual activities. That is why the business community actively supported the reform of the BES initiated by the Verkhovna Rada of Ukraine and the process of its reboot, placing high expectations on the formation of a new management of the body on the basis of transparency, integrity and professionalism. The key to the transparency of the competition was the involvement of international experts in the competition commission with a decisive vote in deciding on the winner. This gave the business hope for a real renewal and qualitative changes in the BES’s activities.

However, the CMU’s decision of July 7, 2025, to reject the candidate for the position of BES director selected by the competition commission raises serious concerns in the business community due to the risk of deviating from the declared principles of transparency, competition and independence of the competition. This position of the Government sets a dangerous precedent and undermines confidence in the very idea of transparent and independent competitions for the positions of heads of key state institutions. Of particular concern is the fact that the grounds for rejecting a candidate remain non-transparent, and the use of national security arguments without disclosing the relevant materials looks like an instrument of administrative and political interference and an attempt to maintain informal control over the BES.

Please note that in accordance with paragraph 26 of Annex I of the Memorandum of Economic and Financial Policies with the International Monetary Fund, the Ukrainian authorities undertook to appoint a new BES director by the end of February 2025, which is a structural beacon, and on March 21, 2025, due to non-fulfillment, the deadline was postponed to July 2025. Compliance with these obligations is critical both for obtaining financial support from international partners, which is essential in a full-scale war, and for maintaining confidence in Ukraine as a country that consistently implements reforms. Fulfillment of obligations to partners is an integral part of a successful strategy and an important factor in achieving long-term goals.

In this regard, the Ukrainian Business Council calls on the President of Ukraine and the Cabinet of Ministers of Ukraine to

  • ensure maximum transparency of the final decision on the results of the competition for the BES Head, in particular, to make public the documents that served as the basis for rejecting the winner’s candidacy;
  • reaffirm commitment to Ukraine’s international obligations and the principles of openness, integrity and impartiality and prevent their violation during the competition;
  • implement the provisions of Law No. 3840-IX and ensure the appointment of the BES Head, selected by the Commission in a transparent manner, no later than the end of July 2025.

Sincerely yours

Business Associations
Members of the Ukrainian Business Council