Today, July 22, the Verkhovna Rada of Ukraine adopted in the second reading and as a whole draft law No. 12414. In addition to its primary goal of regulating issues related to the investigation of disappearances during martial law, amendments were made to the document that significantly alter the balance of powers in the field of anti-corruption justice and restrict the activities of the NABU and SAPO.
The trust and cooperation built between the authorities and civil society after February 24, 2022, have been one of the factors of Ukraine’s resilience and resistance to Russian aggression. In recent years, we have all learned to avoid the language of ultimatums and emotional accusations, seeking compromise and building dialogue. After all, the enemy has not retreated, and the goal of Ukraine’s accession to the EU and NATO requires not only faith but also daily work by everyone: the authorities, the opposition, the media, and the expert community.
Today’s vote in Parliament not only destroys the anti-corruption infrastructure, but also radically simplifies the perception of reality into two colors: black and white, destruction and rejection of destruction. The law steals our time, jeopardizes our European future, destroys the social contract and, most importantly, steals Ukrainians’ faith in a better tomorrow.
The law (which has not yet entered into force) provides, in particular, for:
- The transfer of all procedural powers of the head of the SAPO to the Prosecutor General, including the right to exercise procedural control over NABU cases, sign notices of suspicion, resolve disputes over jurisdiction, close proceedings without the consent of the SAPO prosecutor, and access all NABU cases or transfer them to other prosecutors.
- Granting the Prosecutor General, appointed without competition, broad powers of control over the NABU and SAPO, which jeopardizes their institutional independence.
- Establishing the Prosecutor General’s monopoly on signing notices of suspicion against top officials, including the leadership of the President’s Office, ministers, and their deputies, creates a conflict of interest.
- Conducting searches of homes, even without a warrant from an investigating judge, — in cases where it is necessary to urgently seize or preserve evidence. This creates significant risks of abuse by law enforcement agencies and may also lead to violations of the right to inviolability of the home, guaranteed by the Constitution of Ukraine and the Convention for the Protection of Human Rights and Fundamental Freedoms.
These provisions contradict the principles enshrined in anti-corruption legislation after the Revolution of Dignity, destroy the independence of NABU and SAPO, and undermine trust in institutions created with the support of the public and international partners.
The adopted amendments:
- violate the principle of independence of anti-corruption institutions;
- create conditions for political interference in criminal proceedings, in particular against high-ranking officials;
- contradict Ukraine’s integration process with the EU.
We call on the President of Ukraine to veto draft law No. 12414 in order to prevent the loss of independence of the anti-corruption system and the reform of law enforcement agencies.
The Reanimation Package of Reforms Coalition
- Centre of Policy and Legal ReformCenter for Civic Representation “Life”
- Center for Democracy and Rule of Law
- Center for Innovations Development
- Centre for Research of Liberation Movement
- Committee of Voters of Ukraine
- Economic Growth Center LRHub
- Eidos: Centre for Political Studies and Analysis
- ICF “Ukrainian Public Health Foundation”
- Ilko Kucheriv Democratic Initiatives Foundation
- Institute for Central European Strategy
- Institute for Economic Research and Policy Consulting
- Institute for Euro-Atlantic Cooperation
- Institute for the Development of Regional Press
- Institute of Civil Society
- Institute of the Republic
- National Union of Cinematographers of Ukraine
- NGO “Parents for Vaccination”
- NGO “Together Against Corruption”
- NGO “Ukrainian centre for European Policy”
- School for Policy Analysis
- Ukrainian Independent Center for Political Studies
- Ukrainian Paralegal Association