Ukraine’s parliament approves draft law №12414 to end independence of key anti-corruption investigators – Anti-Corruption Center

Ukraine’s parliament on Tuesday passed a controversial law that critics charge will destroy key anti-corruption reforms by subordinating the country’s independent investigative bodies to the Prosecutor General, according to a non-government organization, the Anti-Corruption Center.

Voting results of the Verkhovna Rada for draft law № 12414. Photo: Yaroslav Zheleznyak

The Verkhovna Rada approved draft law №12414 in its final reading with 263 votes. The legislation significantly curtails the independence of the National Anti-Corruption Bureau (NABU) and the Specialized Anti-Corruption Prosecutor’s Office (SAPO).

“With draft law №12414, President Zelensky takes us back to Yanukovych’s times. In particular, he subordinates NABU and SAP to the Prosecutor General, giving the possibility to take away any cases from them and control investigations. Under such conditions, NABU/SAP/VAKS makes no sense – Zelenskyy’s Prosecutor General will stop investigations regarding all the president’s friends,” the statement reads.

The Anti-Corruption Center also explained that electronic declaration of officials’ property and funds, punishment for illegal enrichment, special confiscation, and all other anti-corruption reforms are ineffective. 

MP Yaroslav Zheleznyak submitted a proposal to remove from the agenda the draft law with the spirit of Yanukovych’s times №12414. However, only 53 people’s representatives voted “for”… The procedure for removing the Chairman, who put forward draft law №12414 contrary to the regulations, initiated by the Holos and ES factions, was also rejected. Despite blocking the rostrum, parliament was voting on amendments that dismantle the independence of the NABU and SAP, the Anti-Corruption Center reported.

Previously, the sources told Ukrainska Pravda that the Verkhovna Rada’s Law Enforcement Committee supported amendments to draft law № 12414 during a morning session on July 22/ The bill, which could be fast-tracked for a final vote in parliament as soon as Tuesday, would grant the Prosecutor General new powers over the National Anti-Corruption Bureau and the Specialized Anti-Corruption Prosecutor’s Office, which are currently independent.

The controversial proposals, inserted into a bill concerning investigations into missing persons, would allow the Prosecutor General to:

• Reassign the powers of SAPO prosecutors to other prosecutors.

• Demand case materials and transfer NABU investigations to other pre-trial investigative bodies.

• Issue written directives to NABU that are mandatory for execution.

The committee’s leadership, including Chairman Serhii Ionushas and First Deputy Chairman Andrii Osadchuk, was not present at the decision-making session. Most committee members reportedly learned of the meeting and its outcome after the fact.

In a joint statement, NABU and SAPO said the bill would effectively demolish the country’s anti-corruption framework.

“If this draft law is adopted, the Head of SAPO becomes a nominal figure, and NABU loses its independence and turns into a unit of the Prosecutor General’s Office,” the statement read. “The anti-corruption infrastructure of Ukraine, built since 2015 together with international partners, will be destroyed. We call on the people’s deputies to refrain from a vote that could finally destroy the independence of the anti-corruption system in Ukraine.”

Transparency International Ukraine also urged parliament to reject the bill, stating it could “destroy the key guarantees of independence” for NABU and SAPO. The organization noted that pushing the vote for July 22 represents a “serious violation” of parliamentary regulations, which require more time for submitting amendments before a second reading.

The legislative push comes amid a series of actions that observers describe as a coordinated campaign of pressure against Ukraine’s anti-corruption bodies.

On Monday, July 21, the Security Service of Ukraine (SBU) and the Prosecutor General’s Office (PGO) conducted approximately 80 searches targeting 19 NABU employees across the country. The SBU stated the raids were conducted without court warrants to prevent “information leaks” and were part of an investigation into state treason, illegal trade with Russia, and corruption.

Ambassadors from the G7 nations expressed “serious concern” over the SBU’s actions against NABU and stated their intention to discuss the developments with government leaders.

The events follow another recent controversy involving the government’s refusal to appoint Oleksandr Tsyvinskyi as the new director of the Bureau of Economic Security (BEB). The Cabinet rejected Tsyvinskyi, the winner of an independent selection process, citing unspecified “information provided by the SBU.” The newly appointed Prime Minister, Yulia Svyrydenko, has maintained that the government’s procedure “corresponded with laws and regulations.”

A June 2024 poll by the Kyiv International Institute of Sociology found that at least 43% of Ukrainians believe the situation with democracy has worsened under President Volodymyr Zelenskyy’s leadership.