On July 24, the website Verkhovna Rada appeared on the “strengthening of the powers of the National Anti -Corruption Bureau of Ukraine and the specialized anti -corruption prosecutor’s office, which was initiated by the President of Zelensky. According to the presentation, this is defined as urgently.
The bill provides for amendments to the Criminal Procedure Code and some legislative actions. According to the explanatory note, the current version of the CPC of Ukraine contains “potential risks for the effective functioning of the anti -corruption infrastructure in Ukraine”, in particular, in relation to Nabu and SAP independence.
Nabu and SAP have positively appreciated the bill No. 13533, represented by the President of Ukraine. According to anti -corruption bodies, it restores all procedural powers and guarantees of the independence of Nabu and a specialized prosecutor’s office against corruption.
NABU and SAP participated in the preparation of the text and called on the Verkhovna of the Rada of Ukraine to the President’s initiative as soon as possible. This will prevent threats for the criminal proceedings that are investigated by NABU and SAP, a report published in the evening of July 24.
According to Transparency International Ukraine, based on the own analysis of the bill, “the document provides an almost complete return to the legal regime, which existed before the adoption of Law No. 4555, but the text has a negative impact in the text.”
Here are the short conclusions mentioned by NGOs:
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“The bill restores the exceptional jurisdiction of Nabu and prohibits the transfer of cases to other bodies;
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The SAP leader returns his own independence in the management of the prosecutor’s office without OGP control;
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OGP loses access to Nabu and the right to give instructions to detectives;
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The possibility of appointing prosecutors without competition is not excluded;
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The bill contains the rules of printing research, in particular, on Nabu employees and their SBU verification. This may have unpredictable consequences in practice. ”
This conclusion was made by the Laboratory of Legislative Initiatives/Agency for Legislative initials.
The project proposed by the President of Ukraine is a compromise to maintain SAP procedural independence, as well as all prosecutors (with the exception of some negative tools). He canceled all restrictions on the SAP procedural independence made by Law No. 45555-IX.
Nevertheless, he encroaches on the institutional independence (independence) of Nabu and SAP, introducing constant inspections of the SBU polygraph or the SBU methodology. In general, these inspections are associated with all law enforcement agencies and prosecutors.
The grounds for urgent searches (without a decision of the investigating judge) are returned to the main version of the CPC of Ukraine. Nevertheless, negative provisions on personal issues are not canceled in the prosecutor’s office. Thus, the prosecutor’s office can continue to choose people outside of competition (unlike EU standards), as well as release them in case of liquidation, reorganization of the prosecutor’s office (as opposed to the CCU-R11 (II)/2024 decision).
NABU himself said: “It is proposed that the polygraph is proposed not SBU, but by the Nabu internal control department.”
The speaker of Verkhovna Rada Ruslan Stefanchuk said that the draft law will be considered by the Presidential Parliament on July 31 at the nearest plenary meeting.
Meanwhile, rallies lasted in different cities over the past three days.
Source: Racurs
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