Scandalous restrictions on NABU and SAPO: The Parliament may adopt the law next week

25 July 07:40

The Verkhovna Rada of Ukraine may consider the presidential bill No. 13533, aimed at restoring the independence of the National Anti-Corruption Bureau of Ukraine (NABU) and the Specialized Anti-Corruption Prosecutor’s Office (SAP) from the Prosecutor General, as early as July 29-31, 2025. This was announced by MP from the Voice party Yaroslav Zheleznyak on his Telegram channel, "Komersant Ukrainian" reports

Voting on the bill to restore the powers of NABU and SAPO will take place next week. Very likely somewhere between July 29-31. Obviously, it should be adopted as a basis and as a whole. It was adopted quickly, so now let’s quickly repeal it,” he said.

European Solidarity MP Oleksiy Honcharenko clarified that parliamentarians are currently actively discussing the possibility of holding an extraordinary meeting of the Rada to consider this draft law.

According to him, such a meeting could be held as early as Tuesday, July 29.

At the same time, the Speaker of the Verkhovna Rada, Ruslan Stefanchuk, previously stated that the vote on the draft law could be postponed to the next plenary session scheduled for August 19, after the end of the parliamentary recess.

If President Volodymyr Zelenskyy insists on the law’s speedy adoption, MPs will have to be called back from vacation for an extraordinary session.

Ukraine restores independence of NABU and SAPO: what is stated in the draft law

The text of the draft law, which is currently being considered by the relevant body – the Verkhovna Rada Committee on Law Enforcement – refers to the existence of potential risks in the current version of the Criminal Procedure Code, which, according to the initiator, may affect the effectiveness of the anti-corruption infrastructure and pose threats from the aggressor state.

The draft law provides for amendments to the Criminal Procedure Code of Ukraine and a number of related laws to legally enshrine the institutional independence of the SAPO in procedural management of investigations under the jurisdiction of the NABU.

In addition, the document contains provisions that should strengthen the protection of anti-corruption bodies from external influence, in particular by introducing new counterintelligence and preventive mechanisms aimed at neutralizing threats from foreign intelligence services.

The draft law is aimed not only at legalizing the independence of specialized institutions, but also at restoring public and international partners’ trust in the system of investigating corruption crimes. Particular emphasis was placed on strengthening the principle of inevitability of punishment and ensuring transparency of anti-corruption activities.

The explanatory note states that the draft law is based on current legislation, in particular:

  • The Constitution of Ukraine,
  • The Criminal Code,
  • The Criminal Procedure Code,
  • the law “On the Prosecutor’s Office”
  • the law “On NABU”
  • the Law on the Security Service of Ukraine,
  • other legal acts regulating the activities of anti-corruption and law enforcement agencies.

The authors of the document emphasize that the implementation of the initiative will not require additional funding from the state budget. The adoption of the law is expected to strengthen the political neutrality of anti-corruption structures, increase their accountability to society and relevant state institutions, and ensure openness to democratic control.

Read also: Draft law to restore independence of NABU and SAPO is ready in the Rada

Why did the draft law No. 13533 appear?

The new draft law was preceded by a conflict situation around draft law No. 12414. It was initiated by MPs Maksym Pavliuk, Viacheslav Medianyk, Oleksandr Bakumov, and Serhii Minko.

The document was registered in the Verkhovna Rada on January 16, 2025. On April 29, the bill was adopted as a basis. On Tuesday, July 22, the law was adopted (263 MPs pressed the green button) and sent to the President of Ukraine for signature.

Officially, the document concerns amendments to the Criminal Procedure Code regarding the investigation of disappearances under special circumstances during martial law. But, according to MP Anastasia Radina, it has been amended to actually subordinate the NABU and the SAPO to the Prosecutor General.

In particular, the law gives the Prosecutor General the following powers

  • access to all NABU cases and delegate this access to other prosecutors;
  • provide written instructions to NABU detectives and change the jurisdiction of cases;
  • to independently resolve disputes over jurisdiction and sign suspicions to top officials;
  • exclusively decide who is part of the group of prosecutors, depriving the head of the SAPO of this right;
  • to close investigations at the request of the defense.

On the eve of the adoption of the draft law, the SBU and the Prosecutor General’s Office announced that they had exposed Russian influence on the NABU. According to law enforcement officials, some NABU employees are accused of treason, illegal trade with Russia, and working in the interests of oligarchs. In total, at least 70 searches were conducted.

The document adopted and signed in “turbo mode” caused a flurry of criticism from both Ukrainian activists and parliamentarians, as well as from representatives of the European Union, who see dangerous trends related to corruption and authoritarianism in limiting the powers of the NABU and the SAPO.

Read also: The EU is sounding the alarm: what will happen to support for Ukraine after the adoption of a high-profile bill restricting the independence of the NABU and the SAPO

How the public reacted to the abolition of NABU and SAPO independence

The NABU, the SAPO, experts and analysts called the law a destruction of the anti-corruption infrastructure. The bureau’s management described SAPO as a “nominal figure” and NABU as a unit of the Prosecutor General’s Office.

NABU acting director Semen Kryvonos said it was a threat to Ukraine’s Euro-Atlantic aspirations and called for a blocking resolution.

In addition, the G7 countries issued a statement expressing “serious concern” over the situation.

We are closely following today’s developments at the NABU… Ukraine and the G7 have a shared commitment to support transparency, independent institutions and good governance,” the statement read.

The European Commission also expressed concern. European Commission spokesperson Guillaume Mercier emphasized that the independent work of the NABU and the SAPO is critical to fighting corruption, providing macro-financial assistance, and moving Ukraine forward on its path to the EU.

“These institutions must operate independently to effectively fight corruption and maintain public trust,” he said.

The international press has harshly assessed the events in Ukraine.

The Financial Times called the law a “step backwards ” and warned that it undermines confidence in the reforms. According to the newspaper, G7 diplomats have already conveyed their warnings to the Ukrainian leadership.

The Wall Street Journal emphasizes that the decision to expand the powers of the Prosecutor General’s Office could complicate the receipt of further financial assistance and opens the way to “corruption revenge.”

Politico Europe considers the vote in the Verkhovna Rada to be an alarming signal for the EU on the eve of the possible opening of accession talks. European institutions doubt the sincerity of Ukraine’s reform commitments.

Bloomberg draws attention to the fact that the law was adopted without public discussion – in “turbo mode,” which is typical for authoritarian regimes. The agency notes that this approach could affect investor confidence and slow down the post-war recovery process.

Reuters, citing diplomatic sources, reports that Western partners are “disappointed and shocked.” Of particular concern is the tendency to de-prioritize anti-corruption reforms as the West focuses on supporting the Armed Forces. USAID representatives called these steps by the Ukrainian authorities “unacceptable” and called for adherence to the rule of law.

The last straw was mass protests-the first since the beginning of Russia’s full-scale war with Ukraine-that spread to Kyiv, Lviv, Odesa, and Vinnytsia. In total, Ukrainians from at least 17 cities across the country took part in the civil disobedience actions. People stood with placards even during the curfew, ignoring the demands not to be on the streets at that time.

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Остафійчук Ярослав
Editor

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