In recent days, we’ve all been closely following the situation surrounding Ukraine’s anti-corruption institutions. Three days of protests, public statements, and appeals from our partners — and now, the Verkhovna Rada is considering three draft laws that either repeal Law No. 12414 or restore the previous status quo for NABU and SAPO with some modifications.
Most likely, the Parliament will vote in favor of the draft law initiated by President Volodymyr Zelenskyy. It is this version that was analyzed by Mykola Khavroniuk, an expert at the Centre of Policy and Legal Reform, for Glavcom.
We share the expert’s key takeaways on the document:
In essence, if Parliament supports it, this law would return the legal framework to the status quo that existed before July 22, 2025. However, some peculiar “features” from that ill-fated date remain — specifically concerning the appointment and dismissal of prosecutors.
The government continues to ignore the Constitutional Court’s ruling. In 2024, the Court found unconstitutional the provision of the Law on the Prosecutor’s Office which allowed prosecutors to be dismissed due to the liquidation or reorganization of their office, or staff reductions. The Court argued this gave the Prosecutor General excessive powers. Yet, these provisions remain in the current law and the President’s draft.
Of particular concern is the President’s proposal to subject law enforcement officers from NABU, SAPO, the BEB, SBI, National Police, and the Prosecutor General’s Office — who have access to state secrets — to polygraph testing based on the Security Service’s methodology. Why include such unrealistic requirements in a law? Tens of thousands of officers would need to undergo polygraph tests…
Regarding the Prosecutor General’s influence over anti-corruption investigations: the SAPO Head is listed first, suggesting they should take precedence. Only if the SAPO Head is unavailable (especially relevant in wartime) would authority pass to the Prosecutor General. And if something happens to the Prosecutor General, then whoever is acting in their place assumes the role — potentially leading to an endless chain. So the law must be interpreted literally, in order.
Concerning searches without judicial authorization: articles of the Criminal Code concerning serious and especially serious crimes have been lumped together — selectively and illogically. Even more concerning is the 2024 ruling of the Criminal Cassation Court of the Supreme Court, which essentially legalized warrantless searches without a judge’s decision.
The Verkhovna Rada is expected to vote on the draft laws on July 31, as announced by Speaker Ruslan Stefanchuk. The RPR Coalition continues to monitor the situation closely!