Ukrainian Parliament Approves Bill to Restore Anti-Corruption Agencies’ Independence
The Ukrainian Parliament (Verkhovna Rada) has approved a bill submitted by President Volodymyr Zelenskyy to restore the independence of the National Anti-Corruption Bureau (NABU) and the Specialized Anti-Corruption Prosecutor's Office (SAPO).
The Gaze reports on it, referring to Ukrinform.
Legislative initiative No. 13533 received the backing of 331 members of parliament.
The law aims to guarantee the independence of NABU and SAPO, as well as to ensure reliable protection of their activities from interference by the Russian Federation.
The initiative allows the Prosecutor General to give written instructions to the heads of pre-trial investigation bodies (except for detectives and internal control of NABU), and the leadership of SAPO to change, supplement, or withdraw appeals and cassation complaints, as well as applications for review of court decisions.
The Prosecutor General has the right to transfer cases from the Bureau of Economic Security (BEB) to other authorities in the event of its ineffective work or inability to function during martial law. At the same time, the transfer of cases to the NABU is prohibited, except in cases where the bureau cannot function, and then the decision is made only by the Prosecutor General or the head of the SAPO.
The law obliges heads of pre-trial investigation bodies to follow written instructions from the prosecutor, with liability for failure to do so. The exception is NABU proceedings, where detectives only carry out instructions from the SAPO prosecutor.
Disputes over jurisdiction shall be resolved by the head of the higher-level prosecutor's office, and in cases involving the NABU, by the Prosecutor General or the head of the SAP, and in cases involving the BEB, only by the Prosecutor General. The law also specifies that the closure of a case against one person does not stop the investigation within the proceedings.
The document also guarantees the independence of SAPO prosecutors. The Prosecutor General and his deputies cannot interfere in their work, and administrative orders regarding the activities of the SAPO are issued only with the consent of its head.
In addition, extra integrity and loyalty checks will be introduced for employees of key law enforcement and anti-corruption agencies. Every two years, internal departments must test employees with access to state secrets using a polygraph. It is noted that from the moment the law comes into force, the Security Service of Ukraine is obliged to check such employees for possible cooperation with Russia within six months.
The law also repeals a number of provisions that granted special powers to the Prosecutor General. In particular, it removes the Prosecutor General's right to appoint deputies and the head of the SAPO as prosecutors in specific cases and to delegate their powers to other prosecutors. It also eliminates the possibility for the Prosecutor General to resolve disputes regarding the jurisdiction of cases involving NABU and BEB, thus reducing the risk of administrative influence.
The provision allowing motions to close proceedings to be filed directly with the Prosecutor General in cases involving the highest-ranking officials is also repealed in order to prevent political pressure on investigations.
Moreover, the requirement for a special procedure for proceedings involving the Prime Minister, ministers, heads of anti-corruption agencies, and other high-ranking officials has been removed to ensure equality before the law.
As The Gaze informed earlier, on July 22, Ukraine’s Verkhovna Rada approved a contentious law that substantially changes the authority and autonomy of the National Anti-Corruption Bureau and the Specialized Anti-Corruption Prosecutor’s Office.