Threat to Ukrainian Anti-Corruption Independence via New Legislation: Will NABU and SAP Lose Their Autonomy?
In Ukraine, a heated debate surrounds the draft law No. 12414, which could significantly alter the landscape of the country's anti-corruption institutions. According to official statements from NABU and SAP, this bill jeopardizes the independence of these two pivotal entities in Ukraine’s fight against corruption—the National Anti-Corruption Bureau and the Specialized Anti-Corruption Prosecutor's Office. Representatives of these agencies warn that if adopted, the law would render their heads mere figureheads, with real power transferred to the Prosecutor General, thus undermining the effectiveness of anticorruption efforts and casting doubt on Ukraine’s international reputation in this sphere. Details included in the bill show that the Prosecutor General would gain access to all NABU cases, have authority to direct and modify investigations, including issuing mandatory written instructions to detectives, reassign cases, and close investigations with the consent of the defense. The Prosecutor General would also resolve jurisdictional disputes, sign suspicion notices for top officials, and the head of SAP would lose the right to participate in prosecutor groups—these powers will instead be centralized under the Prosecutor General. This development threatens the independence and operational integrity of investigative staff. Historically, Ukraine’s anti-corruption system was built in collaboration with international partners in 2015 and has become a key component in combating corruption and defending national interests. However, recent attempts to overhaul the system are met with strong opposition from experts and civil society, who argue that such reforms risk turning these vital agencies into government-dependent structures. Additionally, recent law enforcement activities include around 80 searches conducted on July 21 by SBU and OGP officers across various regions, without judicial warrants. Critics see these actions as potential breaches of legal rights and politically motivated. Investigations are ongoing against NABU detectives for charges including treason, illegal trade with Russia, and corruption linked to oligarch interests. Simultaneously, the State Bureau of Investigation is reviewing materials related to a multi-year-old traffic accident involving NABU employees. There is also increased scrutiny of the confidentiality procedures within SAP, indicating internal tensions and external pressures. These developments raise serious concerns about the future independence of Ukrainian anti-corruption agencies and their capacity to uphold democratic principles and the rule of law amid political turbulence.