Deputy Prime Minister for European and Euro-Atlantic Integration of Ukraine Taras Kachka has met with civil society experts for the second time in a week to discuss preserving the full functionality of the law-enforcement and anti-corruption systems.
According to the Office of the Deputy Prime Minister, the key issue on the agenda is the discussion of the draft law No. 13533 on amendments to the Criminal Procedure Code of Ukraine and some legislative acts of Ukraine on strengthening the powers of the National Anti-Corruption Bureau of Ukraine (NABU) and the Specialized Anti-Corruption Prosecutor’s Office (SAP) submitted by the President of Ukraine Volodymyr Zelensky to the Verkhovna Rada.
“Thank you for your willingness to open dialog and cooperation. Thanks, in particular, to your expertise and preliminary consultations it was possible as quickly as possible to work out a draft of legislative changes aimed at responding to the challenges and ensure the institutional independence of the anti-corruption system,” – quotes Kachka press service.
He emphasized that such interaction between the public sector and civil society is already becoming systemic, and noted that further regular coordination with representatives of civil society is planned.
It is noted that during the meeting the parties also discussed the issues of realization of transformations provided for by the Roadmap in the field of the rule of law – in particular related to the further functioning of law enforcement agencies.
As reported, on July 24, President Volodymyr Zelensky introduced a bill to the Verkhovna Rada regarding the powers of NABU and SAP.
BILL, NABU, САП, Тарас Качка
Head of business security practice at Juscutum law firm Oleksandr Horobets supported the adopted amendments to the CPC regarding NABU and SAP.
“Instead of political manipulation – legal clarity. Bill No. 12414 for the first time clearly establishes the boundaries of authority and raises the standards of human rights protection,” he said in a comment transmitted to the Interfax-Ukraine news agency on Wednesday.
In his opinion, in the framework of expanding the powers of the Prosecutor General, the law returns the situation to the legal field, because the expansion of the competence of the SAP from January 1, 2024, according to the law №3509-IX, contradicted the norm of the Constitution that the powers of the Prosecutor General can not be transferred to another prosecutor.
“A significant achievement of the draft law is the elimination of the destructive practice of conducting searches without court orders. The draft clearly limits this right exclusively to cases where there is an urgent need to save a person’s life, health, sexual freedom, safety or to preserve evidence of these crimes. This approach is worthy of the highest praise, because it is a direct step towards strengthening the guarantees of protection of the rights and freedoms of Ukrainian citizens from unjustified interference in private life”, – the head of Juscutum’s business security practice is of the opposite opinion to the UBA.
He added that the adopted law also provides a number of additional guarantees for the participants of the proceedings, in particular, the request to extend the pre-trial investigation up to 12 months must now be coordinated personally by the Prosecutor General, and his deputies will not have such a right.
Horobets believes that the adopted law leaves a wide range of legal opportunities for this NABU to work in a civilized and productive manner, and reminds that the expansion of powers of the SAP occurred only from January 1, 2024, and before that this body also worked effectively.
The lawyer also noted that the changes made concern all law enforcement agencies and structures, not only anti-corruption, so we should not talk about selective intervention.
“Bill No. 12414 is not a threat, but an important step towards a more efficient, constitutional and human rights-based justice system in Ukraine. It is designed to eliminate imbalances, strengthen guarantees of citizens’ rights and make the work of law enforcement agencies more transparent and responsible,” summarized the head of Juscutum’s business security practice.
The adoption of the law with amendments to the Criminal Procedure Code (CPC) No. 4555-IX (in the Rada it was under No. 12414) significantly weakens the independence of anti-corruption bodies, jeopardizes Ukraine’s European integration aspirations, and violates the principles of the rule of law and legality, in particular, due to the violation of procedures provided for by the regulations of the Verkhovna Rada, the Ukrainian Bar Association (UBA) made a public statement on Wednesday.
Among the norms criticized by the UBA are the abolition of the exclusive jurisdiction of the NABU and the SAP for corruption crimes, the deprivation of the SAP prosecutors of the authority to refer to the competence of the NABU other proceedings not expressly provided for by the CPC, and the consolidation of the right of the Prosecutor General to request the materials of any proceedings and the possibility of assigning the analysis of such materials for compliance with the requirements of the law to any other prosecutor.
The statement also notes the consolidation of the exclusive competence of the Prosecutor General to report suspicion of top officials and authorizing him to close criminal proceedings against top officials.
“The possibility of appointing a prosecutor without a competition – on the basis of a personal application and based on the results of a special inspection. Such a norm levels the selection standards, contradicts the principle of independence of the prosecutor’s office and creates risks for the legitimacy of personnel decisions”, – commented in the UBA another of the norms of the adopted law.
In its opinion, the fixing of such grounds for suspension of an investigator/detective as non-compliance with the prosecutor’s instructions can be used as a tool to influence the procedural independence.
The Association also pointed out that the grounds for conducting an “urgent” search without a court decision have been expanded to include the seizure or preservation of evidence, whereas previously it was possible only to ensure the life of persons, the safety of property or in the case of prosecution of persons.
The UBA notes that the independence of anti-corruption bodies is a key requirement of international partners and a condition for financial support to Ukraine. Its provision was envisaged, in particular, in the framework of visa liberalization with the EU and programs with the IMF.
“Moreover, such a law may create obstacles for Ukraine’s accession to the EU, because it violates the principles of the rule of law, which is a fundamental component of the European integration process. Given the above, the Ukrainian Bar Association calls on the Verkhovna Rada to initiate an immediate review of the provisions of the law, which undermine the institutional independence of the NABU and SAP,” the statement reads.
The Association also calls on international partners to continue monitoring and promoting compliance with the principles of independence of Ukraine’s anti-corruption system, and on the professional legal community and the public to work out changes that will comply with international standards of the rule of law.
Volodymyr Kudrytskyi, Chairman of the Board of NPC Ukrenergo, links the statement to the National Anti-Corruption Bureau about his alleged criminal offense to the case of the company’s purchase of bulletproof vests at the beginning of Russia’s full-scale invasion of Ukraine.
“This is an old, dead case of bulletproof vests that the company purchased at the request of the National Guard in early March 2022. We found several hundred bulletproof vests of class 4 at a price of UAH 16.4 thousand including VAT. At that time, it was significantly lower than the prices at which others were buying,” Kudrytskyi said at a briefing at the Ukraine Media Center in Kyiv on Friday.
According to him, apart from Ukrenergo, there are no claims against anyone, and from time to time “nameless political analysts” revive the case: either by throwing it into the media space or by writing statements to have the NPC checked once again.
The company’s CEO added that he treats this as an attempt to create an information throw-in and believes that “the case has not had and will not have any prospects in law enforcement agencies or in courts.”
Kudrytskyi suggested that the reason for his discrediting as the head of the company may be the active involvement of Ukrenergo in international financing, which has exceeded EUR 1.5 billion since the beginning of the full-scale war.
“Alternatively, some people are not satisfied with the EUR 1.5 billion of financing we have attracted since the beginning of the war. Maybe there are other reasons. In my opinion, this is just white noise,” said the head of the system operator.
Answering Energoreforma’s question about the reaction of international partners to the information about a possible criminal offense, Kudrytskyi noted that there was none. “Western partners have not reacted in any way.
There is no need to make any judgments. Trust is determined not by words, but by facts, and our partners have entrusted us with EUR1.5 billion, which is several times or even ten times more than any other company,” he said.
At the same time, Kudrytskyi emphasized that each artificial media attack leads to additional difficulties in attracting much-needed additional financial resources for the power system.
“The people who do this pursue their own selfish interests and, most likely, corrupt interests, but ultimately harm the interests of the state,” summarized the CEO of Ukrenergo.
The High Anti-Corruption Court, by its ruling of July 17, 2024, ordered the authorized persons of the National Anti-Corruption Bureau of Ukraine to enter information about a criminal offense into the Unified Register of Pre-trial Investigations (URPI) at the request of the person indicated in the ruling as person No. 6, dated June 28, 2024. The ruling states that the applicant raised the issue of possible criminal offenses committed by the Chairman of the Board of NPC Ukrenergo. The court notes that such a statement must be entered into the URPTI within 24 hours of its submission.
As reported, on June 26, the Security Service and the National Anti-Corruption Bureau of Ukraine announced that they had exposed the head of one of the departments of NPC Ukrenergo, who is no longer employed by the company, for corruption during the purchase of bulletproof vests.
According to the investigation, this purchase resulted in budget losses of over UAH 10 million. The issue of choosing a measure of restraint against the suspect is being decided.
Since the beginning of the full-scale war, NPC Ukrenergo has attracted more than EUR 1.5 billion in international financing in the form of loans and grants, half of which was used to restore and reconstruct the grids. Another 24% was used to build passive protection, and 34% to maintain market liquidity. The largest amount of funding was provided by the European Bank for Reconstruction and Development (EBRD) – EUR670 million. Another EUR324 million was received with the support of the German state development bank KfW, EUR224 million – from the International Bank for Reconstruction and Development (IBRD) and EUR136 million – from the European Investment Bank (EIB). July 18 NPC Ukrenergo and KfW agree on a EUR100 million grant. July 23 The EIB Group announces that it plans to allocate EUR86 million to Ukrenergo for the construction of drone shelters.
The All-Ukrainian Association of Bakers, the Union “Mukomols of Ukraine” and the Association of bakery enterprises “Ukrkhlebprom” appealed to law enforcement authorities and the National Anti-Corruption Bureau of Ukraine (NABU) with a request to stop the prosecution of the First Deputy Minister of Agrarian Policy and Food Taras Vysotsky and to drop charges against him for using his official position during the state procurement of products in March-April-2022.
“We convincingly ask the leadership of law enforcement agencies, primarily the NABU, to objectively consider all the circumstances and facts, make the right conclusions and stop the prosecution of one of the most decent and professional officials”, – stated in the available “Interfax-Ukraine” appeal of three business associations, uniting the majority of producers of bakery products, flour, cereals and pasta.
The business associations expressed surprise at Vysotskyy’s notification of suspicion of committing a criminal offense under part 2 of Article 364 of the Criminal Code of Ukraine (use of official position to obtain an unlawful benefit for a legal entity contrary to the interests of the service) and assured law enforcement agencies that in this case there was an unfortunate mistake.
“We, as producers of essential products, remember well those extra difficult times of the beginning of the full-scale war with the Russian invaders, which stood on the outskirts of the capital, when it was a question of survival and ensuring food security of the state. A huge role in this process was played by the leadership of the relevant ministry, and first of all by T.M. Vysotsky, because it was thanks to his honest and highly professional actions to manage and coordinate the activities of the industry that it was possible to avoid interruptions and abuses in the supply of food to the population and the AFU”, – said public organizations.
They called the accusations against Vysotskyy groundless and asked law enforcement agencies to carefully familiarize themselves with the position of the Ministry of Agrarian Policy and Food, which they fully share.
As reported, on 24 August, the National Anti-Corruption Bureau of Ukraine (NABU) and the Specialized Anti-Corruption Prosecutor’s Office (SAP) accused the first deputy minister of agrarian policy of Ukraine, Vysotskyy, of abusing 62.5m hryvnyas in the purchase of food products to meet the needs of the state during martial law.
The Ministry of Agrarian Policy published a statement specifying the accusation received by Vysotskyy. In March-April 2022, he allegedly coordinated invoices for regional military administrations (RMAs) for the purchase of imported durum wheat pasta from Olimp LLC and WinsideLight LLC at inflated prices, which caused damage to the state in the amount of UAH 63 million. The investigation indicates that the cost of pasta products as of March-May 2022 ranged from 33.65-36.89 UAH/kg.
“The investigation does not take into account that the State Statistics Service of Ukraine for the period of March-May 2022 provides prices for pasta from durum wheat varieties for 500 g, and the purchase of 1 kg was carried out, so the price exceeded 72 UAH/kg, which excludes damage”, – emphasized in the Ministry of Agrarian Policy and added that the said arithmetical error should be taken into account and corrected by the investigation.
In addition, the investigation was advised to take into account the existence of a public contract for the supply of food products and its terms and conditions, which were not determined by Vysotsky. The Ministry of Agrarian Policy was not a party to the contract, all contracts were agreed upon by the regional military administrations. Vysotsky, in turn, drew the attention of the OVA representatives to the need to conclude deals at the lowest possible prices.
The Specialized Anti-Corruption Prosecutor’s Office (SAPO) and the National Anti-Corruption Bureau of Ukraine (NABU) have exposed the First Deputy Minister of Agrarian Policy of Ukraine and the former Deputy Minister of Economy of Ukraine for misuse of UAH 62.5 million in the purchase of food to meet the needs of the state during martial law.
As reported in the SAPO telegram channel on Thursday, the food was intended as humanitarian aid for the needs of eight regions of Ukraine, as well as the city of Kyiv.
As established during the pre-trial investigation, in March 2022, the First Deputy Minister of Agrarian Policy and Food implemented a scheme that provided for the purchase of products for the needs of regional military administrations at the expense of Ukrzaliznytsia JSC from a controlled company at prices 2-3 times higher than market prices. The price overstatement was due to the purchase of products from a foreign manufacturer (Poland) through a controlled intermediary company. As a result of this scheme, from March to August 2022, Ukrzaliznytsia suffered losses in the amount of UAH 28.8 million.
A similar scheme was used to purchase food products from a foreign producer in Turkey through a controlled spacer firm. To ensure the purchase of products, the scheme also involved the then acting Deputy Minister of Economy, who concealed data on the availability of more favorable offers from other market participants, including Ukrainian producers, and also induced officials of regional administrations to illegally approve applications and invoices for the purchase of products from the controlled company.
Due to the operation of the scheme from March to August 2022, Ukrzaliznytsia suffered damage of another UAH 33.7 million, according to the SAP and NABU. After receiving payment, the money was transferred to a foreign company with signs of fictitiousness for further legalization.
The above-mentioned officials have been announced on suspicion, their actions are qualified under part 2 of article 364 of the Criminal Code of Ukraine “Abuse of power or official position”
The post of First Deputy Minister of Agrarian Policy and Food has been held by Taras Vysotskyy since May 26, 2021.
