"Serious obstacles to fighting grand corruption". NABU and SAPO criticize new draft law

The National Anti-Corruption Bureau and the Specialized Anti-Corruption Prosecutor's Office said that the new draft law №12439 will hinder the fight against high-level corruption. The agencies responded to the document, which the Verkhovna Rada is preparing to consider in the second reading, in a joint publication.

"The NABU and the SAPO analyzed the provisions of the document and concluded that the proposed changes (in particular, those authored by MPs Maksym Buzhansky [Servant of the people] and Hryhoriy Mamka [former banned OPZJ, now Platform for Life and Peace]) create serious obstacles to the fight against top corruption," stated in the post.

Thus, according to one of these amendments, actions committed on the basis of explanations from authorized bodies will not be considered a criminal offense.

According to the anti-corruption authorities, this provision "actually means replacing the court's decision with arbitrary interpretations of officials, even on an individual basis."

Also, the NABU and SAPO said, the amendments will make it impossible to conduct urgent searches in cases of offering, promising or giving a bribe or abuse of influence unless there is a corresponding decision of the investigating judge.

"The NABU and the SAPO are convinced that the proposed changes do not comply with the Constitution and the principle of equality before the law, provide tools for impunity for top corrupt officials, jeopardize ongoing investigations and cases sent to court," the statement said.

The agencies believe that this law is not about protecting businesses from possible abuse by officials or law enforcement officers; instead, the proposed innovations make it impossible to bring to justice those who abuse power.

Anti-corruption agencies urged MPs to abstain from voting for the draft law.

• Buzhansky and Mamka were among the co-authors of proposed changes to the law that deprived NABU and SAPO of their independence in July, which led to large protests, negative reactions from partners, and, ultimately, to the restoration of independence anti-corruption agencies.
• NABU director Kryvonos stated LIGA.net that the most important thing in the activities of anti-corruption bodies is not the economic effect, but the reduction of tolerance to corruption and the fact that corrupt officials "no longer feel impunity".