A blow to the independence of NABU and SAPO: The Prosecutor General is to be given uncontrolled power
22 July 2025 13:34
The Verkhovna Rada is preparing for the second reading of Bill 12414, which was amended at the last minute to effectively destroy the independence of the SAPO and subordinate the activities of the NABU and the SAPO to the Prosecutor General. This is stated in a statement by the NABU and the SAPO, "Komersant Ukrainian" reports
“In fact, if this draft law is adopted, the Head of the SAPO becomes a nominal figure, and the NABU loses its independence and becomes a subdivision of the Prosecutor General’s Office. The anti-corruption infrastructure of Ukraine, built since 2015 together with international partners, will be destroyed,” the Anti-Corruption Bureau states.
The NABU called on MPs to abstain from voting, which could “finally destroy the independence of the anti-corruption system in Ukraine.”
According to the report, in particular, the draft law provides that
- the Prosecutor General has access to all NABU cases or may grant such access to any other prosecutor;
- has the right to give binding written instructions to NABU detectives and, in case of non-compliance, to change the jurisdiction by transferring the case to other authorities
- may close the investigation at the request of the defense;
- resolves disputes over jurisdiction on his own;
- independently signs suspicions to top officials;
- the head of the SAPO loses the right to be a member of the group of prosecutors – this is decided only by the Prosecutor General.
MPs Yaroslav Zheleznyak and Anastasia Radina, as well as Vitaliy Shabunin, head of the Anti-Corruption Action Center, have publicly stated the danger of the initiative. They emphasized that it is not just a matter of changing procedures, but of de facto eliminating the independence of key anti-corruption bodies.
What exactly is being changed?
The amendments to the draft law provide for the transfer of the powers of the NABU and the SAPO to the control of the Prosecutor General’s Office. This means that the Prosecutor General will have the right to
- take cases away from the NABU and transfer them to other agencies;
- give binding written instructions to NABU detectives;
- to actually manage the SAPO, delegating powers to its prosecutors;
- independently close criminal proceedings, in particular against top officials.
These changes deprive the SAPO of procedural autonomy. In particular:
- sAPO prosecutors will not be able to independently determine the jurisdiction of NABU cases;
- the head of the SAPO will not have the right to resolve disputes over jurisdiction or change appeals and cassation appeals;
- The SAPO is turning into a decorative body with no powers and no real influence on investigations.
Transparency International Ukraine states that the amendments fundamentally change the essence of the draft law and may destroy the system of checks and balances that has protected anti-corruption investigations from political pressure so far.
“This poses a direct threat to the independence of the NABU, one of the key anti-corruption agencies established with the support of international partners as an institution protected from political influence,” Transparency International Ukraine emphasizes.
Restrictions on the SAPO’s procedural autonomy:
In addition, according to the organization’s commentary, the powers of the SAPO are significantly narrowed. In particular:
- sAPO prosecutors will not be able to determine the jurisdiction of the NABU in exceptional cases;
- the Head of the SAPO will lose the authority to resolve disputes on jurisdiction in cases that may concern the NABU;
- theHead of the SAPOwill be deprived of the ability to change appeals and cassation appeals filed by SAPO prosecutors.
Thus, the SAPO actually loses its autonomy, and the anti-corruption vertical becomes controlled by the Prosecutor General.
VIP immunity for defendants in top corruption cases
Transparency International Ukraine has strongly criticized the amendments to the draft law No. 12414, which, according to the organization, eliminate the independence of the NABU and the SAPO and open the way to impunity for top corrupt officials. In particular, it is a question of granting the Prosecutor General the authority to close criminal cases, including those investigated by NABU and SAPO against the country’s top officials, on his own.
“We continue to analyze the amendments to the draft law No. 12414, which aims to eliminate the independence of the NABU and the SAPO,” Transparency International Ukraine states. “One of the provisions gives the Prosecutor General the exclusive right to close cases against top officials, including those involved in NABU cases.”
TI Ukraine emphasizes that these changes open the door to centralization of control over all high-profile anti-corruption cases, without the possibility of appealing such decisions. In particular, the cases involving Oleksandr Chernyshov, Viacheslav Kyrylenko and other high-ranking officials are at risk.
“Cases of Chernyshov, Kyrylenko and other high-ranking officials investigated by NABU/SAPO may be closed directly by the Prosecutor General,” the statement reads.
The anti-corruption organization emphasizes that such a provision is extremely dangerous, as the Prosecutor General is appointed without an open competition, and his activity is completely dependent on political loyalty.
“Such concentration of powers is a corruption risk that distorts the system of additional guarantees of independence of investigations and offsets the achievements of the SAPO’s autonomy,” emphasizes Transparency International Ukraine.
In addition, the public warns MPs against creating a “single window” for closing cases against top officials.
“We warn MPs against creating a “single window” for closing cases against top officials,” the organization says.
Violation of regulations and lack of transparency
Experts also point to a gross violation of Article 116 of the Verkhovna Rada’s Rules of Procedure: amendments to the draft law radically change its essence, which is unacceptable without appropriate procedural approval.
“The MPs also seriously violate Article 116 of the Rules of Procedure of the Verkhovna Rada, as they radically change the subject of regulation of draft law 12414,” TI Ukraine warns.
Despite the fact that the new version of the draft law has not been officially published, Transparency International Ukraine has confirmed its content from several independent sources.
Coordinated pressure on NABU and SAPO
In parallel with the legislative changes, a series of high-profile searches of NABU detectives and an unscheduled inspection of the SAPO took place on July 21. According to the AntAC and TI Ukraine:
- 70 searches were conducted without court orders;
- physical force was used against one of the NABU detectives;
- the names of the detectives were publicized, which violates the presumption of innocence;
- TheSBU g ainedaccess to the materials of special operations, which threatens to disrupt investigations.
The State Bureau of Investigation (SBI) has additionally notified NABU employees of suspicions in cases dating back to 2021 and 2023, which, according to human rights activists, indicates systemic pressure.
Public reaction and calls for action
Transparency International Ukraine and the Anti-Corruption Action Center have stated that dismantling the anti-corruption infrastructure is unacceptable. They call on
- members of Parliament – not to vote for amendments that destroy the independence of the NABU and the SAPO;
- The President of Ukraine – to publicly guarantee the independence of anti-corruption agencies;
- law enforcement agencies – to stop unlawful pressure.
Transparency International Ukraine calls on the Parliament not to support amendments that would destroy the independence of NABU and SAPO, devalue the anti-corruption reforms of the last decade and create VIP immunity for those involved in high-profile cases. In the context of the war and Ukraine’s European integration aspirations, such initiatives can have serious consequences for the trust of society and international partners.
What preceded this
This comes after 70 searches conducted on July 21 by the SBU, the State Bureau of Investigation, and the Prosecutor General’s Office of Ukraine on the bureau’s employees.
The SBU announced the detention of a NABU employee who, according to the agency, was spying for the Russian secret service. He was served with a notice of suspicion. The NABU, in turn, said that information from the SBU leadership about possible risks associated with one of the bureau’s employees was received in August 2023, but later the SBU said that there was no evidence against this employee.
At the same time, the SBU came to the Specialized Anti-Corruption Prosecutor’s Office to check compliance with the law on state secrets. The SAPO stated that the SBU had access to all proceedings and special operations conducted by the NABU and the SAPO. The Security Service denied any disclosure of information and called the accusations “groundless.”
