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.
Bar Association, LEGISLATION, NABU, UKRAINE, САП
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