On July 22, the President signed Law No. 4555-IX (formerly Draft Law No. 12414), which effectively dismantles the independence of key anti-corruption institutions.
The law was adopted despite warnings from experts, civil society, and international partners.
The Institute of Legislative Ideas participated in developing the legislative framework for Ukraine’s anti-corruption infrastructure ten years ago. Procedural independence of the NABU and SAPO was a crucial safeguard against political interference in high-level corruption investigations. However, the newly adopted law undermines this safeguard.
The balance of the system has been lost, as manual reallocation of jurisdiction and other forms of interference in the activities of SAPO and NABU by the Prosecutor General will now be considered lawful and unavoidable.
Anti-corruption bodies must have powers and procedural guarantees that protect their operations from political influence. This is essential for their effectiveness.
The Institute of Legislative Ideas consistently works to ensure that any legislative changes promote balance and legal certainty, and reduce excessive discretion and undue political influence. Unfortunately, this law does not meet those standards.
We call on the President and Parliament to rectify these legislative changes and restore the necessary balance in the system.
Conclusions based on the legal analysis of Draft Law No. 12414 are available at the link