Adoption of amendments to the Criminal Procedure Code of Ukraine, envisaged by the draft law No. 8336, eliminates disadvantages of the so-called "Lozovyi's amendments" regarding the appointment of expert assessments in virtually all proceedings, except those investigated by the Detectives of the National Anti-Corruption Bureau of Ukraine (NABU). In addition, the proposed initiatives can threaten the independence of the NABU and complicate the investigation of top-corruption crimes.
Criminal Procedure Code of Ukraine
The National Anti-Corruption Bureau of Ukraine (NABU) calls on the Verkhovna Rada of Ukraine to repeal the amendments to the Criminal Procedure Code of Ukraine (CPC), which paralyze the work of investigative authorities. The Members of Parliament are going to consider the Draft Law of Ukraine On the Amendments to Legislative Acts of Ukraine on the Improvement of Criminal Justice (№7547) dated February 5, 2018. The Draft Law proposes to cancel specific amendments to the CPC adopted in October 2017.
The National Anti-Corruption Bureau of Ukraine (NABU) categorically disagrees with the NACP`s (National Agency on Corruption Prevention) decision №1375 of December 18, 2017, in which the Agency interprets certain provisions of the Law of Ukraine «On Corruption Prevention» regarding the investigation of offences under Articles 366-1 and 368-2 of the Criminal Code of Ukraine. According to the NABU, the proposed explanation of the NACP is legally unjustified and may help corrupt officials to evade criminal liability for illegal enrichment and submitting false data to e-declarations.
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).