Ukraine's Anti-Corruption Agencies Seek to Extend Their Investigative Reach

NABU and SAP Appeal to Ukraine's Cabinet of Ministers

According to Главком: In a formal letter to the Cabinet of Ministers of Ukraine, the National Anti-Corruption Bureau of Ukraine (NABU) and the Specialized Anti-Corruption Prosecutor's Office (SAP) have proposed amendments to current legislation. This move is a significant step in Ukraine's ongoing struggle against systemic corruption, particularly among its political elite. The core aim of the appeal is to broaden the scope of NABU's investigative authority and to introduce changes to procedural law.

Specifically, NABU proposes adding several high-ranking officials to the list of individuals whose crimes fall under the Bureau's jurisdiction. This list would now include:

• The Head of the Office of the President of Ukraine,
• His or her First Deputy and Deputies,
• Heads of regional, Kyiv City, and Sevastopol City state administrations,
• The Director of the State Bureau of Investigation (DBR), along with the First Deputy and Deputies.

The proposed list also extends to members of supervisory boards and executive bodies of large business entities where the state or municipal ownership share exceeds 50%. The appeal was initiated by NABU Director Semen Kryvonos and SAP Head Oleksandr Klymenko.

Currently, the list of subjects under NABU's jurisdiction is defined by Clause 1, Part 5, Article 216 of the Criminal Procedure Code of Ukraine, which stipulates that cases concerning these officials can only be investigated by NABU. However, Kryvonos and Klymenko argue that the existing list fails to fully account for the real influence certain categories of public servants have on corruption levels in Ukraine. They emphasize that this gap creates risks of delayed responses to illegal acts by individuals in key state positions or those with significant influence.

Proposed Changes to Procedural Law

Beyond expanding jurisdiction, Kryvonos and Klymenko are initiating a series of amendments to procedural legislation. Among other proposals is a shift from a three-judge panel to a single-judge consideration of cases in court. They also seek to remove from the Criminal Procedure Code the norm guaranteeing top officials the right to have their cases heard by a panel. These changes could fundamentally alter the approach to investigating and adjudicating cases involving high-ranking officials.

Consequently, the appeal from NABU and SAP to the Cabinet aims to enhance the effectiveness of anti-corruption efforts at the highest levels of Ukrainian power. Expanding investigative authority and amending procedural law could be a crucial step toward reducing corruption risks and increasing accountability among public servants. In the context of growing public demand for transparency and accountability, such initiatives are vital for rebuilding trust in state institutions.

In addition to seeking an expansion of investigative powers, NABU and SAP are also advocating for the removal of judicial oversight concerning investigation deadlines. This proposal aims to streamline the investigative process and enhance the effectiveness of anti-corruption efforts in Ukraine. For more insights on this critical development, see our coverage on ending judicial oversight of investigation deadlines.