On 22 July, the Ukrainian Verkhovna Rada adopted at the second reading a bill undermining the transparency of processes within the nation’s system. The de facto independence of the National Anti-Corruption Bureau (NABU) and Specialized Anti-Corruption Prosecutor’s Office (SAP) is lost. They become subject to the jurisdiction of the Prosecutor-General’s Office. It was supported by 263 MPs, including 185 members of the ruling Servant of the People party.
The adopted amendments give the prosecutor-general the authority to interfere in the work of the NABU and the SAP: he will be able to seize case files, delegate them to other prosecutors, as well as give written instructions that are binding. According to MP Yaroslav Zheleznyak, this decision means that “the SAP becomes a decorative structure” and the NABU loses its independence, becoming subordinate to the agency, from which it should be institutionally separated.
The European Solidarity and Golos factions tried to block the adoption of the law. They suggested removing the document from the agenda, but this garnered a mere 53 votes in its favor. MPs also tried to block the rostrum during the session hall, but this was not enough to stop the vote. In the morning, the bill had already been adopted by the Rada law enforcement committee.
Ukraine’s foreign partners were extremely opposed to the legislation. Guillaume Mercier, a European Commission delegate, said the independence of the NABU and SAP was a sine qua non for European assistance and integration. He added that the EU provides significant funds in the context of progress in rule of law, transparency and judiciary reform.
The large-scale searches carried out by the Security Service of Ukraine (SBU) and the Prosecutor-General’s Office the day before (on 21 July) have caused additional concern. According to the mass media, the investigative actions affected 19 employees of the NABU and the SAP, a total of 80 searches were conducted, several people were detained, including the head of one of the interregional departments of the NABU, Ruslan Magamedrasulov. He is suspected of co-operation with the Russian security services. One of the bureau’s detectives is also suspected of spying in favour of Russia.
G7 ambassadors were concerned by such events and informed that they intended to voice what was occurring with the Ukrainian leadership.
Experts and analysts worry that the anti-corruption reforms of recent years might be reversed. The NABU and the SAP, in combination, form an “anti-corruption tandem” globally recognized as one of the main instruments for ensuring lawfulness and transparency in Ukraine. The efficiency of this tandem is a main condition for financial and political support from the EU and the IMF.
