Undermining the Independence of NABU and SAPO

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Primary author: Максим Павлюк

Draft Law No. 12414, registered by MP Maksym Pavliuk (Servant of the People), was amended before its adoption with provisions submitted by MP Maksym Buzhanskyi. The amendments significantly expanded the powers of the Prosecutor General over the Specialized Anti-Corruption Prosecutor’s Office (SAPO) and investigations conducted by the National Anti-Corruption Bureau of Ukraine (NABU).

Under the adopted provisions, the Prosecutor General became the direct supervisor of SAPO prosecutors, gained authority to issue binding instructions, close certain proceedings, transfer NABU cases to other prosecutors, and remove restrictions on transferring NABU investigations to other law enforcement agencies.

SAPO publicly warned that the changes would effectively place the anti-corruption prosecution service under the authority of the Prosecutor General and create risks for the independence of investigations involving senior public officials.

The legislative initiative emerged shortly after NABU and SAPO announced corruption charges against former Minister for National Unity Oleksii Chernyshov. It also followed investigative actions conducted by the Security Service of Ukraine (SBU) against NABU employees. The ambassadors of the G7 countries publicly expressed concern regarding developments affecting Ukraine’s anti-corruption institutions.

A broad coalition of civil society organizations, including the Legislative Initiatives Laboratory, Holka, the Anti-Corruption Action Center (AntAC), and the Centre of Policy and Legal Reform, opposed the legislation and called on lawmakers to preserve the independence of anti-corruption bodies.

The law was supported by 263 Members of Parliament. NABU Director Semen Kryvonos publicly urged President Volodymyr Zelenskyy to veto the bill. Nevertheless, the President signed it on the day of its adoption, despite public protests in several Ukrainian cities.

Within a week, following domestic protests and pressure from international partners, Parliament adopted a new presidential bill that restored the institutional independence of NABU and SAPO, effectively reversing the key consequences of Law No. 12414.

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