Ukraine's anti‑corruption agencies say new bill threatens their independence

The National Anti-Corruption Bureau (NABU) and the Specialised Anti-Corruption Prosecutor's Office (SAPO) believe that draft law No. 12414, which has been backed by a Verkhovna Rada (Parliamentary) committee, will effectively destroy SAPO’s independence and subordinate the activities of NABU and SAPO to the Prosecutor General's Office.

Source: a statement by NABU and SAPO on draft law No. 12414

Quote: "In effect, if this bill is passed, the head of SAPO will become a nominal figure, and NABU will lose its independence and become a subdivision of the Prosecutor General's Office.

Ukraine's anti-corruption infrastructure, which we have been building together with our international partners since 2015, will be destroyed.

We call on MPs to abstain from a vote that could completely destroy the independence of the anti-corruption system in Ukraine."

Details: The agencies noted that the draft law provides that:

• the prosecutor general will have access to all NABU cases or may grant such access to any other prosecutor;
• the prosecutor general will have the right to give binding written instructions to NABU detectives and, should they fail to comply, to change the jurisdiction by transferring the case to other bodies;
• the prosecutor general may close an investigation at the request of the defence;
• the prosecutor general will resolve any disputes over jurisdiction;
• the prosecutor general will independently sign notices of suspicion served to senior officials;
• the head of SAPO will lose the right to be a member of the group of prosecutors – this will be at the sole discretion of the prosecutor general.

Background:

• The Verkhovna Rada Committee on Law Enforcement has backed amendments to the Code of Criminal Procedure that would make the National Anti-Corruption Bureau (NABU) and the Specialised Anti-Corruption Prosecutor's Office (SAPO) – currently independent anti-corruption institutions – dependent on the decisions of the prosecutor general.
• On 21 July, employees of the Security Service of Ukraine and the Prosecutor General's Office conducted approximately 80 searches targeting 19 employees of the National Anti-Corruption Bureau in various oblasts of Ukraine.
• The security forces did not have court warrants to carry out the searches, but they do not consider this a violation of the law because obtaining warrants could have "caused information leaks" and "undermined the conduct of special operations".
• The NABU detectives have been charged with treason, illegal trade with Russia, and corruption in the interests of oligarchs. Meanwhile, the State Bureau of Investigations has stepped up its efforts looking into materials on road accidents involving NABU employees that occurred several years ago.
• Representatives of the Security Service of Ukraine and the Office of the Prosecutor General have also launched an inspection into SAPO’s handling of state secrets. The inspection applies to NABU employees who have access to state secrets and the conduct of covert investigative actions.

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