Ukraine wants to establish a new bureau to investigate transport accidents: what the bill proposes and what the risks are

26 January 19:53

The government proposes to establish a National Bureau for Investigation of Transport Accidents — a separate state expert institution that will conduct technical investigations of accidents involving most types of transport. The corresponding draft law No. 13674 was registered in August 2025, according to "Komersant Ukrainian".

The document aims to improve transport safety, but it is already raising questions about the duplication of powers with law enforcement agencies.

What exactly is being proposed

According to the bill, the Bureau will be a permanent state-run specialized expert institution established by the Cabinet of Ministers.

Its main function will be to conduct technical investigations of accidents, rather than to determine guilt or responsibility. The investigations are declared to be independent of criminal or administrative proceedings and aimed exclusively at preventing similar events in the future.

What events will the Bureau investigate?

The draft law covers almost all types of civil transport, with the following exceptions:

  • road transport (except for military vehicles),
  • urban electric transport (except for the metro),
  • rail,
  • maritime and inland waterway transport (except for vessels flying the naval flag),
  • air transport (except for state and military aircraft).

The bureau will have the authority to classify accidents, keep records of them, and analyze their causes.

How the investigation will be conducted

Any person can report an accident, and certain entities — authorities, businesses, transport owners — will be required to do so no later than one hour after the incident.

After receiving the information, the Bureau must, within 24 hours:

  • conduct a preliminary classification of the incident;
  • decide whether to initiate or refuse an investigation.

Based on the results, a report will be prepared containing factual data, analysis, conclusions, causes of the accident, and safety recommendations. The report is expressly prohibited from assigning blame or liability.

Broad powers and the main point of conflict

The bill gives the Bureau significant powers:

  • unhindered access to the accident site;
  • seizure of vehicles, documents, and items;
  • photo and video recording;
  • questioning of persons involved;
  • initiation of expert examinations, autopsies, and involvement of foreign specialists;
  • restriction of access to the scene by unauthorized persons;
  • issuing recommendations that are binding for consideration.

These provisions are the most controversial. Critics point out that they are very similar to the procedural actions of investigative bodies provided for in the Criminal Procedure Code.

At the same time, the Bureau is not a pre-trial investigation body, and the draft law does not define a clear priority between technical investigation and criminal proceedings. This creates a risk of conflict of powers and complicates the investigation.

Who will work in the Bureau

Management and staff are selected according to strict criteria:

  • the director and deputies must be Ukrainian citizens aged 35 or older;
  • at least 10 years of experience in the transport sector;
  • at least 5 years of management experience in state bodies;
  • proficiency in the official language and one of the official languages of the Council of Europe.

All employees will be hired exclusively through a competitive process and will undergo regular professional development, including abroad. Those who fail to demonstrate professional competence will be subject to dismissal.

Why this law has appeared now

Currently, Ukraine does not have a separate law that comprehensively regulates the activities of an independent body for technical investigation of transport accidents.

In September 2023, the government already tried to resolve this issue — the investigation functions were assigned to the former Aviation Events Bureau, which was renamed the National Bureau of Transport Investigations. However, this decision was made within the scope of government powers, without a separate law.

The new draft law effectively institutionalizes this model, but at the same time significantly expands the powers of the body.

The document still has to be reviewed by parliament.

Марина Максенко
Editor

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