FAQ

1. NABU's work

2. The Bureau's Structure

3. Reporting corruption

 

1. NABU`s work
 
1.1. What is the National Anti-corruption Bureau of Ukraine and what  functions does it have?
 
The National Anti-corruption Bureau of Ukraine is a government law enforcement body specializing in investigating and solving corruption-related offences committed by high officials authorized to perform functions of the state or local governments. The Bureau's main function is combating corruption-related offences committed by high officials that pose a threat to the national security of Ukraine.
 
1.2. Why was the National Anti-corruption Bureau of Ukraine created?
 
Considering the fact that corruption still constitutes one of the most serious problems undermining Ukraine's development, the necessity of creating the National Anti-corruption Bureau of Ukraine was one of the key requirements set by the European Union as a part of implementation of the Visa liberalization action plan and Ukraine's subsequent membership in the EU. The National Anti-corruption Bureau of Ukraine operates according to the Law of Ukraine “On the National Anti-corruption Bureau of Ukraine” passed on 14 October 2014. 
 
1.3. What crimes does the National Anti-corruption Bureau of Ukraine investigate?
 
According to the article 1 section 1 clause 2 of the Law of Ukraine “On the National Anti-corruption Bureau of Ukraine”, the main task  of the National Bureau is combating criminal corruption-related offences committed by high officials authorized to perform functions of state or local governments that pose a threat to the national security. The detectives of the National Anti-corruption Bureau of Ukraine perform pre-trial investigations of criminal offences referred to in articles 191, 206-2, 209, 210, 211, 354 (concerning employees of legal entities under public law), 364, 366-1, 368, 368-2, 369, 369-2, 410 of the Criminal Code of Ukraine, taking into account conditions set by article 216, section 5 of the Criminal Procedure Code of Ukraine, as follows:
 
1) the crime is committed:
 
- by the President of Ukraine whose term of office has expired; People's Deputy of Ukraine; Prime Minister of Ukraine; member of the Cabinet of Ministers of Ukraine, first deputy and deputy of minister; Head of the National Bank of Ukraine, his first deputy and deputy; member of the National Bank of Ukraine Board; National Security and Defence Council Secretary, his first deputy and deputy;
 
- civil servant whose position belongs to or has same status as categories 1 and 2 of government service;
 
- member of the Verkhovna Rada of the Crimea Autonomous Republic; member of regional council, city councils of Kyiv and Sevastopol; local government officials whose positions belong to categories 1 and 2;
- judge of the Constitutional Court of Ukraine; judge of any court of law; people's assessor or juror (when they are on duty); Head, members, disciplinary supervisors of the High qualification commission of judges of Ukraine; Head, deputy Head, secretary of the High council of justice; other member of the High council of justice;
 
- prosecutors of the prosecution offices, mentioned in clauses 1-4, 5-11, part 1, article 15 of the Law of Ukraine “On the Prosecutor's office”;
 
- senior officer of the state penal service; civil defence agencies and offices; high command of the National Police; customs services official who was given 3rd rank of state counsel of tax and customs services or higher; state tax administration official who was given 3rd rank state counsel of tax and customs services or higher;
 
- military officer of the high command of the Armed Forces of Ukraine, the Security Service of Ukraine, the State Border Guard Service of Ukraine, the State Special Transport Service, the National Guard of Ukraine and other military units established in accordance to the laws of Ukraine;
 
- head of a major economic entity with the share of government or communal ownership more than 50%;
 
2) target of crime or crime damage are 500 or more times larger than minimum wage as established by the law as of the time the crime was committed (if it was committed by government, law-enforcement, military or local official, economic entity with the share of communal or government ownership more than 50%);
3) crime specified in the article 369 and part 1 of the article 369-2 of the Criminal Code of Ukraine committed against an official outlined in the article 18 of the Criminal Code of Ukraine or clause 1, part 5, article 216 of the Criminal Procedure Code of Ukraine. 
 
1.4. What is the minimum size of target of crime or crime damage for crimes committed by officials that fall under the jurisdiction of the National Anti-corruption Bureau of Ukraine?
The National Anti-corruption Bureau of Ukraine detectives conduct pre-trial investigations of crimes committed by officials provided the crime damage is five or more times the minimum wage as of the day the crime was committed (689 thousand UAH as of 1 March 2016).
 
1.5. What are the sources of financing for the NABU?
 
According to the law, the National Bureau's source of financing is the State budget of Ukraine. Financing NABU from other sources is prohibited, except in cases provided for by Ukraine's international agreements or international technical assistance projects. 
 
1.6. Where can I follow the NABU's activities?
 
All the information concerning the NABU's activities can be found on the Bureau’s official website http://nabu.gov.ua, on Facebook and Twitter pages. You can also see biannual reports of the Bureau's work which can be found on the website.
 
2. The Bureau's Structure
 
 
2.1. What is the NABU's staff and personnel?
 
The National Anti-corruption Bureau of Ukraine has one central office and local offices, maximum stuff number of the Bureau is 700 employees.
The Bureau's managerial functions are carried out by its Director, who, according to the Law “On the National Anti-corruption Bureau of Ukraine”, can have four deputies. The Director approves the Bureau's structure, number of staff members for departments and regulations concerning the departments' work. 
 
As of today three deputy Directors have been appointed by the order of the NABU's Director. The departments' work is coordinated as follows:
- first deputy Director coordinates the work of Detectives Unit, Information Processing and Analysis Department, Information Analysis System and Technology Department;
- deputy Director coordinates the work of Special Operations Department, Operative and Technical Department, Communication Department, Public Relations Division;
- deputy Director coordinates the work of Accounting Department and Financial and Material Resources Department.
 
Legal Department, Internal Control Department, Division for ensuring operation of the Director (patronage service), Human Resources Department, Documents Flow Division, Secret and Regime Division report directly to the Bureau's Director.
 
By order of the NABU Director Lviv and Odessa local offices were established. Establishment of the Dnipropetrovsk local office is also provided for. 
 
2.2. The National Anti-corruption Bureau is a new agency. How do the appointments go?
 
Appointments for all positions in the NABU (except positions of the first deputy and deputy Directors) are made according to the results of the open competition. This way only the best candidates are selected to become a part of the Bureau's team. 
The information concerning the start and progress of the competition is published on the NABU official website.
 
2.3. Who are the detectives of the National Bureau and what are their functions?
 
Detectives are employees of the National Anti-corruption Bureau of Ukraine who perform operational and search activities and pre-trial investigations in proceedings that fall under the Bureau's jurisdiction. The detectives are civil servants.
 
2.4. Where will the NABU territorial offices be created?
 Lviv, Odessa and Kharkiv Territorial Offices  start their work. 
 
The authority of Lviv Territorial Office is extended to Lviv, Volyn, Zakarpattya, Chernivtsi, Ternopil, Ivano-Frankivsk, Rivno and Khmelnitsky regions. 
The authority of Odessa Territorial Office is extended to Odessa, Kherson, Mykolaiv and Kirovohrad regions. 
The authority of Kharkiv Territorial Office is extended to Kharkiv, Sumy, Dnipropetrovsk, Zaporizhzhia Regions and Anti-Terrorist Operation Zone (Luhansk and Donetsk Regions)
 
2.5. What will the functions of local offices be? Will there be detectives working there?
 
Local offices are intended to represent the NABU in the region. Its employees will communicate with citizens and work closely with detective units. 
Local offices staffing structure does not include positions of detectives. Detectives will be sent to local offices from the central office if necessary. 
Every local office is supposed to have 12 employees.
 
3. Reporting corruption
 
 
3.1. How can one report suspicion or fact of corruption-related offence being committed by high official?
 
Make sure that the information you have contains facts that can be verified by the NABU detectives and concerns persons under the Bureau's jurisdiction.
If you have such information, you can:
- call the NABU free hotline 0-800-503-200 on week days from 9:00 till 18:00;
- send you allegation containing information on corruption-related offence to the following address: 03035 Kyiv, 3 Surikova street;
- come to the Bureau's public office at 3 Surikova street, Kyiv;
- fill in the e-form on the NABU official website. 
 
3.2. How long does pre-trial investigation last?
 
This depends on the complexity of every corruption-related offence. According to article 28 of the Criminal Procedure Code of Ukraine in a criminal proceeding all legal actions or procedural decisions have to be performed or made in reasonable time. Reasonable time is the time that is objectively necessary to perform legal actions or make procedural decisions.
 
3.3. What are the functions of the Specialized Anti-corruption Prosecutor’s Office?
 
According to the Criminal Procedure Code of Ukraine a prosecutor is suppose to supervise compliance with the law during pre-trial investigation and represent prosecuting party in court. 
In order to guaranty independence of the National Anti-corruption Bureau of Ukraine, investigations conducted by its detectives are supervised by the employees of the Specialized Anti-corruption Prosecutor's Office.
 
3.4. The head of the Specialized Anti-corruption Prosecutor's Office (SAP) is also a deputy to the Prosecutor General of Ukraine. How can independence of the SAP be guaranteed?
 
The Specialized Anti-corruption Prosecutor's Office is completely independent. All the appointments are made by open competition. 
The Specialized Anti-corruption Prosecutor's Office work location is on the premises of the NABU or on the premises of the Prosecutor General's Office of Ukraine (regional or local prosecutor's office) separate from other work chambers of the Prosecutor General's Office of Ukraine (regional or local prosecutor's office) (according to the Law “On Prosecutor's Offices”). At present the SAP office address is 17 Isaakyan street, Kyiv.
 
3.5. What other agencies work in the sphere of fighting corruption and how do they differ?
 
The National Anti-corruption Bureau of Ukraine is a law enforcement agency investigating and solving corruption-related offences committed by high officials.
Specialized Anti-corruption Prosecutor's Office is an independent structural subdivision of the Prosecutor General's Office of Ukraine supervising compliance with the law during operational and search activities of pre-trial investigations conducted by the National Anti-corruption Bureau of Ukraine. 
 
The National Agency for Prevention of Corruption (NAPC) is a central executive body with a special status ensuring development and implementation of the state anti-corruption policy. The NAPC performs preventive functions of analysing the state of preventing and combating corruption in Ukraine and developing projects of anti-corruption strategy and state programme. The important task of the NAPC is exercising control over and verifying declarations of persons authorized to perform functions of the state or local governments, disclosing these declarations, monitoring the lifestyle of persons authorized to perform functions of the state or local governments.
 
The NAPC also maintains the Unified state register of declarations of persons authorized to perform functions of the state or local governments and the Unified state register of persons who have committed corruption or corruption-related offences. The NAPC's establishment and start of work were among the requirements set by the EU for relaxation of visa restrictions between Ukraine and the European Union.
The National Agency for the tracing of assets derived from corruption and other crimes is a central executive body with a special status ensuring development and implementation of the state policy in tracing assets that can be seized in the criminal proceeding and/or managing assets that were seized or confiscated in the criminal proceeding. 
 
The State Bureau of Investigations (SBI) is a central executive body carrying out law enforcement activities aiming at preventing, identifying, stopping, solving and investigating crimes under its jurisdiction. The SBI will investigate crimes committed by officials of the National Anti-corruption Bureau of Ukraine, by the Deputy Prosecutor General who is also the head of the Specialized Anti-corruption Prosecutor's office, by other prosecutors of the Specialized Anti-corruption Prosecutor's office, except for the cases when pre-trial investigation of these crimes falls under the jurisdiction of the Internal Control Department of the NABU. 
 
The SBI development process is currently in progress.