Ukrainian President Volodymyr Zelensky has signed a law concerning the specifics of pre-trial investigations into criminal offenses related to the disappearance of persons under special circumstances during martial law. The legislation significantly reduces the powers and effectively strips the National Anti-Corruption Bureau of Ukraine (NABU) and the Specialized Anti-Corruption Prosecutor’s Office (SAPO) of their independence.
That is according to the legislative tracking system on the parliament’s website, Ukrinform reports.
According to the new law, the prosecutor general is granted the authority to submit a written request to the head of a pre-trial investigation body demanding access to case materials. Compliance with such a request is mandatory and must include the specified deadline and method of execution.
After reviewing the case materials, the prosecutor general may instruct another prosecutor to assess whether legal procedures are being followed during the pre-trial investigation.
If an investigation is deemed ineffective or if there are objective reasons why the investigative body cannot proceed with the case, the prosecutor general may reassign the case to another body. This includes transferring cases to or from NABU under similar conditions.
Meanwhile, the NABU director will only be allowed to request case materials from other bodies with the approval of the prosecutor general.
The prosecutor general is also granted the right to close investigations upon request from the defense team. Additionally, they are given sole authority to resolve jurisdictional disputes and to sign off on notices of suspicion involving top officials.
Furthermore, the law stipulates that all plea agreements in NABU-related cases must be approved by the prosecutor general. Notices of suspicion in such cases may now be signed exclusively by the prosecutor general.
As a result, the SAPO head is stripped of the authority to resolve jurisdictional disputes on behalf of NABU and loses the right to be included in prosecutorial teams.
The law also allows, during the period of martial law, for prosecutors to be appointed or promoted without a competitive selection process. It also enables the dismissal of prosecutors due to staffing changes or unit closures.
On July 22, the Verkhovna Rada passed the law reducing the powers of NABU and SAPO. The legislation is formally known as Bill No. 12414, “On the Introduction of Amendments to the Criminal Procedure Code of Ukraine Regarding the Specifics of Pre-Trial Investigation of Criminal Offenses Related to the Disappearance of Persons Under Special Circumstances During Martial Law.” Several amendments were introduced before its adoption.
Following the law’s passage, NABU Director Semen Kryvonos publicly urged the president not to sign it, warning that “two independent institutions – NABU and SAPO – are now effectively placed under full control.”
Protests have since erupted in Kyiv and other cities, with activists demanding that the president veto the law, arguing it undermines the independence of Ukraine’s anti-corruption agencies.
Source: Zelensky signs law undermining independence of NABU, SAPO
