Idea to revise the Code of Criminal Procedure of Ukraine in terms of allowing the Prosecutor General of Ukraine to define arbitrary investigative jurisdiction of law-enforcement bodies over corruption-related crimes will decrease effectiveness of fight against corruption and may harm international image of Ukraine.
Legislation in force clearly defines what crimes must be investigated by the National Anti-Corruption Bureau of Ukraine. Possible amendments to the Code on Criminal Procedure of Ukraine, announced in media with references on the Prosecutor General of Ukraine, will lead not to the well-coordinated work of law enforcement-bodies in exposing corruption, but to chaos.
As of now, if units of any law-enforcement body identify a sign of crime, they are obliged to forward respective materials to the body, under investigative jurisdiction of which such crime belongs according to the article 216 of the Code of Criminal Procedure of Ukraine. Abandonment of this clear ruling in favor of declared idea (of arbitrary powers for the Prosecutor General to define investigative jurisdiction) will allow all law-enforcement bodies – the Prosecutor’s General Office, National Police, State Fiscal Service, State Security Service - to forward documentation on crimes, that are under investigative jurisdiction of the NABU, to any other body on their own accord, depending on personal relations among different investigative units and in negligence of legal provisions on investigative jurisdiction.
“This will allow law-enforcement bodies to neglect their own investigative jurisdiction and instead to actively open criminal cases against ministers or regional governors just to gain media coverage”, - commented the Director of the NABU Artem Sytnyk.
Such approach undermines basic principles of NABU’s existence, one of which is its independence.
We kindly remind, that the NABU was established after the Revolution Dignity following request from the society and as an answer to inability of existing law-enforcement bodies to combat grand political corruption.