Lawyers: President's draft law on NABU and SAPO does not cancel searches without a court order

The draft law by President Volodymyr Zelenskyy, which is supposed to restore independence to the National Anti-Corruption Bureau and the Specialized Anti-Corruption Prosecutor's Office, leaves in place the possibility of conducting searches without a court order. This was reported in an analysis for LIGA.net by lawyers of Juscutum.

The lawyers said that one of the most discussed provisions of Law No. 12414 was an amendment to Article 233 of the Criminal Code of Ukraine, which allowed law enforcement officers to enter homes without a court order under martial law.

They noted that the creation of a legal mechanism for searches without judicial control directly contradicts Article 30 of the Constitution of Ukraine, which provides that "no one shall have the right to enter a home" except by court order.

Juscutum emphasized that the President's draft law No. 13533 does not cancel this provision.

"Moreover, it is hardly discussed in the public space – neither by the President's Office nor by the Prosecutor General's Office," the lawyers said.

Lawyers believe that the alternative draft law No. 13531, submitted by a number of MPs, offers a clear, constitutionally justified restriction: a search without a warrant is allowed only in case of saving the life or prosecution of a suspect. There is no reference to "martial law" as an independent ground.

"This is a return to legal logic, when the exception does not become the norm, and judicial control over the invasion of privacy remains inalienable," the lawyers summarized.

• On July 22, the Rada supported, and Zelenskyy immediately signed the controversial law 12414, which effectively abolishes the independence of NABU and SAPO. This led to protests in major cities of Ukraine.
• On July 23, the president said that "we heard the street" and promised to submit a bill that would restore the independence of NABU and SAPO and "ensure the strength of the law enforcement system".
• On July 24, Zelenskyy's draft law was registered. In parallel, a bill from MPs.
• On July 31, the Rada will consider Zelenskyy's anti-corruption bill, and on July 30, it was approved by the relevant committee.