The Draft Law №6220 "On Amendments to the Criminal Procedure Code of Ukraine on Entering of Data into the Unified Register of Pre-trial Investigations and Basis on Termination the Criminal Proceedings" is under consideration in the Verkhovna Rada. The adoption of the abovementioned Draft Law can block investigations of law enforcement agencies, including investigations of the National Anti-Corruption Bureau of Ukraine (NABU) and the Specialized Anti-Corruption Prosecutor`s Office (SAPO).
We emphasize that the adoption of the Draft Law in the current version can nullify the most significant recent achievements of Ukrainian law enforcement bodies, in particular, the achievement of the newly established anti-corruption institutions.
For example, in case the Draft Law is approved by the Parliament, if there are regulations by investigators of any other law enforcement agencies to terminate the proceedings, the NABU will also have to stop its investigations.
In addition, the adoption of the Law will give other law enforcement agencies an opportunity to influence the ongoing investigations. To do so it will be enough to register a proceeding as of the facts that are being already investigated or are not being investigated yet, and then just to terminate it.
Moreover, the adoption of the Draft Law will invalidate the registration of new criminal proceedings as of the facts of corruption actions done by officials if there were already proceedings opened and then illegally terminated.
For example, after the NABU Detectives registered the proceeding as of the facts of "Kyoto money" embezzlement it was found that similar cases are investigated by other law enforcement agencies. And adoption of the Draft Law would make it impossible to investigate further.
In general, the NABU Detectives investigate almost ten criminal proceedings that were previously terminated by other law enforcement agencies. During the abovementioned investigations, the NABU Detectives gave notices of suspicion to 13 persons, 4 indictments as of the 4 persons were forwarded to court, and 2 persons were convicted.
The National Anti-Corruption Bureau calls on Members of Parliaments (MPs) to prevent the adoption of the Draft Law №6220 in the current version and to reject it as a Law directed against public interests and the effective fight against corruption in the State. The Bureau underlines significant corruption risks that may create unlimited scope for abuse and the possibility to law enforcement officers to assist the offenders in evading criminal responsibility.
It should be reminded that on April 13, 2017, the Draft Law №6220 was adopted at first reading despite of the revision recommendations of Parliament’s Chief Scientific Expert Control and NGOs.
The Draft Law envisages changes in the Criminal Procedure Code of Ukraine introducing the procedure of immediate termination of criminal proceeding if the regulations on the case termination were not canceled by investigator or prosecutor.
Also according to the Draft Law, the data which may indicate criminal offenses is not to be entered into the Unified Register of Pre-trial Investigations if there is already a decision to terminate criminal proceedings or a court decision, which came into force.