President Volodymyr Zelenskyy has submitted a bill to the Verkhovna Rada on ‘strengthening the powers of the NABU and SAPO.’
The corresponding draft law 13533 was published on the parliament’s website on 24 July.
It currently has the status of ‘being reviewed by the Committee.’
Earlier, Zelenskyy announced the approval of the draft law and noted that the text was balanced. He promised to submit the document to parliament today.
Earlier, Zelenskyy announced the approval of the text of the bill and noted that the text is balanced. He promised to submit the document to parliament today.
The explanatory note states that the bill "contains provisions aimed at consolidating the status of the SAPO as a body that independently conducts procedural management of investigations into crimes falling under the jurisdiction of the NABU. The draft law also proposes a mechanism to prevent intelligence and subversive activities by foreign special services against employees of anti-corruption bodies. The draft law introduces new preventive and counterintelligence mechanisms to protect anti-corruption bodies from possible influence by an aggressor state."
According to Suspilne, the presidential initiative contains the following provisions:
- The Prosecutor General and his deputies do not have the right to give instructions to SAPO prosecutors or take other actions that directly relate to the exercise of their powers by SAPO prosecutors. Written orders of an administrative nature regarding the activities of the SAPO shall be issued with the mandatory approval of the Deputy Prosecutor General - Head of the SAPO;
- NABU employees who have access to state secrets will be required to undergo a polygraph test organised by the SBU within six months;
- NABU may receive cases from other agencies if they fall under its jurisdiction. This requires a decision by the director of NABU and approval by the SAPO prosecutor.
- The head of SAPO may transfer NABU cases to other agencies in cases where NABU is unable to conduct a pre-trial investigation for objective reasons.
- SAPO prosecutors have the right to issue written instructions to NABU detectives, and if a detective refuses to comply, they will be held accountable.
- NABU employees will be prohibited from travelling abroad during martial law, except for business trips.
- The Prosecutor General may transfer BEB cases to other agencies.
NABU noted that the bill was submitted as urgent and that it restores all procedural powers and guarantees of independence for NABU and SAPO.
"NABU and SAPO participated in the preparation of the text and call on the Verkhovna Rada to adopt the President's initiative as a basis and as a whole as soon as possible. This will prevent threats to criminal proceedings investigated by NABU and SAPO," the statement said.
Parliament Speaker Ruslan Stefanchuk said that the document will be considered at the next plenary session.
This bill is a response to the adoption of Law No. 12414, which drew criticism from the anti-corruption community and the European Union. It also sparked mass protests in a number of Ukrainian cities.