NABU’s annual audit on hold: Ministry of Justice cites the reason

26 May 11:09
EXCLUSIVE

Reports of a possible audit of the National Anti-Corruption Bureau of Ukraine first appeared in the media in March of this year. Subsequently, these intentions were confirmed by the Cabinet of Ministers of Ukraine and by Taras Kachka, Deputy Prime Minister for European and Euro-Atlantic Integration of Ukraine , who noted that conducting an annual audit of the anti-corruption agency is “required by current legislation.” However, as of May, the audit had not yet begun. The reasons for this, as well as the government’s actual plans regarding audits of NABU and SAPO, were examined by "Komersant Ukrainian".

Announcement of the audit

In March, Taras Kachka , Ukraine’s Deputy Prime Minister for European and Euro-Atlantic Integration, told Interfax that the Law on NABU provides for an annual external independent assessment (audit) of the National Bureau’s performance.

“At the same time, in accordance with the law, the decision to begin forming the Commission for the assessment is made by the Cabinet of Ministers of Ukraine no later than 30 calendar days before the end of the one-year period from the date of approval of the last audit of NABU’s effectiveness. The initiative to conduct the audit in this case is in compliance with the law,” he stated.

This comment by the Deputy Prime Minister was a response to a report by UP, in which journalists pointed to the CMU’s alleged desire to “announce the NABU audit unexpectedly.”

At the same time, Kachka added that the government first plans to “approve the criteria and methodology” and only then conduct the audit in accordance with the law.

Watch us on YouTube: important topics – without censorship

What happened next

In order to clarify the status of preparations for the NABU audit, the editorial staff "Komersant Ukrainian" sent several information requests to the CMU. The Cabinet Secretariat was reluctant to respond to the first ones. Specifically, they simply stated that there was “no” information regarding the NABU audit or the draft resolution on its conduct (the existence of which was noted by sources at “Ukrainska Pravda”).

Another inquiry from the "Komersant Ukrainian" editorial team was referred by the CMU to NABU itself. And , of course, the Bureau responded that they are not the custodian of information regarding the Government’s intentions to appoint or not appoint an audit of NABU.

And only after another attempt—or, more precisely, an information request—did the editorial staff of [Komersant] finally received some substantive information.

What the Ministry of Justice says

The ministry noted that, in accordance with the law, the NABU audit is conducted by a special commission of three members appointed by the Cabinet of Ministers upon the recommendation of international organizations.

“In accordance with Part 7 of Article 26 of the Law of Ukraine ‘On the National Anti-Corruption Bureau of Ukraine,’ an external independent assessment (audit) of the effectiveness of the National Anti-Corruption Bureau of Ukraine is conducted by the Commission for the External Independent Assessment (Audit) of the Effectiveness of the National Bureau, consisting of three persons appointed by the Cabinet of Ministers of Ukraine based on proposals from international and foreign organizations…,” the response to the inquiry states "Komersant Ukrainian".

READ ALSO: In 5 years, NABU has referred less than 14% of criminal cases to court, – lawyer

The Ministry of Justice further noted that the decision to begin forming such a commission is made by the Cabinet of Ministers of Ukraine. However, the Ministry of Justice has not received any government documents regarding this matter:

“In light of the above, we inform you that the relevant government act on the matter in question has not been submitted to the Ministry of Justice for legal review.”

At the same time, the Ministry of Justice immediately explained why the issue of the NABU audit remains open.

In its response, the agency referred to Cabinet of Ministers Order No. 475-r of May 14, 2025, which approved the Roadmap on the Rule of Law within the framework of the negotiation process for Ukraine’s accession to the European Union.

It is this document that provides for a review of the current model for conducting audits of anti-corruption agencies.

“Subparagraph 3 of Paragraph 1 of Section 2.4 ‘Audits of the Activities of Specialized Anti-Corruption Bodies’ of the aforementioned Roadmap provides for the adoption and implementation in the third quarter of 2026 of legislation to optimize the procedure for external independent evaluation of the effectiveness (audit) of the National Agency for the Prevention of Corruption, the National Anti-Corruption Bureau, and the Specialized Anti-Corruption Prosecutor’s Office to address identified shortcomings and implement best practices identified in similar procedures,” the Ministry of Justice stated.

In other words, the government has officially included in its European integration commitments not the conduct of a new audit under current rules, but first and foremost the reform of the mechanism for conducting it.

The Ministry of Justice added that this work has already begun.

“As part of implementing this measure, the Ministry of Justice of Ukraine deemed it necessary to conduct operational legal monitoring regarding the optimization of the procedure for external independent evaluation of the effectiveness (audit) of the NACP, the National Anti-Corruption Bureau of Ukraine, and the Specialized Anti-Corruption Prosecutor’s Office…,” the response to the inquiry states.

READ ALSO: Parliament Awaits NABU Audit: Lawmaker Stresses Need toReview Bureau’s Effectiveness

And based solely on the results of this monitoring, it is planned to draft a separate regulatory act that is intended to comprehensively change the audit procedures of specialized anti-corruption bodies.

The Ministry of Justice also reported that it is currently consulting with government agencies, international organizations, and civil society groups regarding the future audit model.

Related

The previous international audit of NABU covered 9 months of the Bureau’s work out of its more than 10 years of operation. The overall assessment of the Bureau’s work was 1.4 points.

Among other things, the audit identified a number of systemic issues “that require resolution.” These included the lack of a comprehensive development strategy, risks of information leaks, the lack of regulation of certain internal procedures, and inconsistencies in the Bureau’s organizational structure.

In total, the auditors provided NABU with 26 key recommendations.

Reading now