The National Anticorruption Bureau of Ukraine is the law enforcement agency that has exclusive authority to investigate corruption offences of top officials. The reason for setting it up was to remove political influence on the investigation of high-profile corruption. NABU performs investigation under procedural guidance of prosecutors of the Specialised Anticorruption Prosecutor’s Office (SAPO). Cases of NABU are considered by courts of general jurisdiction until the system of specialised anticorruption courts is created.

According to the law there are no more than 700 NABU detectives of which more than 200 people are senior officers. Also three regional departments of NABU should be created. Annual budget: 480 million UAH (2016)

Public reports:

• Report August 2016 – February 2017
• Report February – August 2016 
• Report August 2015 – February 2016 
• Report April – August 2015

The National Anticorruption Bureau of Ukraine is the law enforcement agency that has exclusive authority to investigate corruption offences of top officials. The reason for setting it up was to remove political influence on the investigation of high-profile corruption. NABU performs investigation under procedural guidance of prosecutors of the Specialised Anticorruption Prosecutor’s Office (SAPO). Cases of NABU are considered by courts of general jurisdiction until the system of specialised anticorruption courts is created.

According to the law there are no more than 700 NABU detectives of which more than 200 people are senior officers. Also three regional departments of NABU should be created. Annual budget: 480 million UAH (2016)

Public reports:

• Report August 2016 – February 2017
• Report February – August 2016 
• Report August 2015 – February 2016 
• Report April – August 2015

SAPO is the department of the Prosecutor General’s Office of Ukraine, which has special guarantees of independence, created to oversee activities of NABU. SAPO performs procedural guidance in NABU investigations, represents public prosecution in courts, and has the right to appeal to the courts with civil, commercial, and administrative claims in the public interest. Creation of SAPO is one of the basic guarantees of NABU independence and efficiency. According to Criminal Procedure Code of Ukraine procedural guidance include the following rights and obligations:

1) start pre-trial investigation;

2) have full access to materials, documents, and other details related to pre-trial investigation;

3) assign pre-trial investigation agency to conduct pre-trial investigation;

4) assign investigator, pre-trial investigation agency to conduct within a time limit set by the public prosecutor, investigatory (detective) actions, covert investigatory (detective) actions or other procedural actions, or give instructions in respect of conducting such actions, or participate in them, and where necessary, conduct investigatory (search) and procedural actions;

5) assign the conduct of investigatory (search) actions, covert investigatory (search) actions to the relevant operational units;

6) institute audits and examinations in accordance with the procedure established by law;

7) overturn illegitimate and ungrounded rulings of investigators;

8) initiate with the head of the pre-trial investigative agency the issue of suspending the investigator from pre-trial investigation and appointment of another investigator;

9) take procedural decisions, including with regard to termination of criminal proceedings and to extending the time limits for the pre-trial investigation;

10) support or refuse to support the motions of investigator addressed to investigating judge on the conduct of investigatory (search) actions, covert investigatory (search) actions, other procedural actions in cases specified by the present Code or individually submit such motions to the investigating judge;

11) notify the individual of suspicion;

12) enter civil action for the Government and those individuals who are unable to defend their rights;

13) approve or refuse to approve the indictment, submissions on the application of measures of medical or educational nature, modify an indictment drawn up by the investigator or submission above, draw up himself indictments or motions concerned;

14) refer to court an indictment, request to enforce measures of medical nature, request to enforce compulsory medical or educational measures, or request to discharge an individual from criminal liability;

15) prosecute on behalf of the State in court, resign from supporting public prosecution, alter the accusation or lay additional accusation according to the procedure;

16) coordinate requests for international legal assistance or referral of criminal proceedings made by pre-trial investigation authority, or independently file such motion;

17) commission a pre-trial investigation authority to respond to a request (commission) for international legal assistance or criminal referral made by a competent authority of a foreign state, verify the completeness or legitimacy of procedural actions and also the completeness, comprehensiveness and objectiveness of investigation under the referred criminal proceeding;

18) verify the documents concerning surrendering a person (extradition) provided by a pre-trial investigation authority prior to referring them to a higher level prosecutor, and return these documents to an appropriate authority with written comments, if these documents are unjustified or fail to meet the requirements of international treaties to which the Verkhovna Rada of Ukraine consented to be bound or laws of Ukraine;

19) commission pre-trial investigation authorities with search and apprehension of those individuals who committed a criminal offense outside Ukraine, and carry out specific procedural actions to surrender (extradite) a person at the request made by a competent authority of a foreign state.

SAPO is the department of the Prosecutor General’s Office of Ukraine, which has special guarantees of independence, created to oversee activities of NABU. SAPO performs procedural guidance in NABU investigations, represents public prosecution in courts, and has the right to appeal to the courts with civil, commercial, and administrative claims in the public interest. Creation of SAPO is one of the basic guarantees of NABU independence and efficiency. According to Criminal Procedure Code of Ukraine procedural guidance include the following rights and obligations:

1) start pre-trial investigation;

2) have full access to materials, documents, and other details related to pre-trial investigation;

3) assign pre-trial investigation agency to conduct pre-trial investigation;

4) assign investigator, pre-trial investigation agency to conduct within a time limit set by the public prosecutor, investigatory (detective) actions, covert investigatory (detective) actions or other procedural actions, or give instructions in respect of conducting such actions, or participate in them, and where necessary, conduct investigatory (search) and procedural actions;

5) assign the conduct of investigatory (search) actions, covert investigatory (search) actions to the relevant operational units;

6) institute audits and examinations in accordance with the procedure established by law;

7) overturn illegitimate and ungrounded rulings of investigators;

8) initiate with the head of the pre-trial investigative agency the issue of suspending the investigator from pre-trial investigation and appointment of another investigator;

9) take procedural decisions, including with regard to termination of criminal proceedings and to extending the time limits for the pre-trial investigation;

10) support or refuse to support the motions of investigator addressed to investigating judge on the conduct of investigatory (search) actions, covert investigatory (search) actions, other procedural actions in cases specified by the present Code or individually submit such motions to the investigating judge;

11) notify the individual of suspicion;

12) enter civil action for the Government and those individuals who are unable to defend their rights;

13) approve or refuse to approve the indictment, submissions on the application of measures of medical or educational nature, modify an indictment drawn up by the investigator or submission above, draw up himself indictments or motions concerned;

14) refer to court an indictment, request to enforce measures of medical nature, request to enforce compulsory medical or educational measures, or request to discharge an individual from criminal liability;

15) prosecute on behalf of the State in court, resign from supporting public prosecution, alter the accusation or lay additional accusation according to the procedure;

16) coordinate requests for international legal assistance or referral of criminal proceedings made by pre-trial investigation authority, or independently file such motion;

17) commission a pre-trial investigation authority to respond to a request (commission) for international legal assistance or criminal referral made by a competent authority of a foreign state, verify the completeness or legitimacy of procedural actions and also the completeness, comprehensiveness and objectiveness of investigation under the referred criminal proceeding;

18) verify the documents concerning surrendering a person (extradition) provided by a pre-trial investigation authority prior to referring them to a higher level prosecutor, and return these documents to an appropriate authority with written comments, if these documents are unjustified or fail to meet the requirements of international treaties to which the Verkhovna Rada of Ukraine consented to be bound or laws of Ukraine;

19) commission pre-trial investigation authorities with search and apprehension of those individuals who committed a criminal offense outside Ukraine, and carry out specific procedural actions to surrender (extradite) a person at the request made by a competent authority of a foreign state.

The National Agency for Corruption Prevention is the central executive authority of Ukraine with the special status, responsible for development and implementation of the national anticorruption policy. NACP is tasked to administer the registry of electronic asset declarations, clarify subject legislation, verify e-declarations, enforce administrative penalties for failure or late submission of e-declarations and declaring false information. In addition, the NACP has the following responsibilities:

1. analysis of state of corruption, development of anticorruption policies and strategies;
2. prevention and settlement of conflict of interests;
3. monitoring of political parties finances;
4. cooperation with corruption whistleblowers.

Electronic asset declarations of individuals performing public functions are designed to establish transparent mechanism for monitoring income and fortune of civil servants. Previous declaration mechanism was ineffective because of limited access to declarations, lack of mechanisms of control over their submission and verification of the information indicated, as well as lack of penalties for illicit enrichment and false statements.

The list of persons obliged to submit e-declarations is defined in Art.3 of the Law On Corruption Prevention. The scope of information to be disclosed is established by Art.46 of the same Law: http://zakon2.rada.gov.ua/laws/show/1700-18/conv/print1443182583583872

Electronic asset declarations of individuals performing public functions are designed to establish transparent mechanism for monitoring income and fortune of civil servants. Previous declaration mechanism was ineffective because of limited access to declarations, lack of mechanisms of control over their submission and verification of the information indicated, as well as lack of penalties for illicit enrichment and false statements.

The list of persons obliged to submit e-declarations is defined in Art.3 of the Law On Corruption Prevention. The scope of information to be disclosed is established by Art.46 of the same Law: http://zakon2.rada.gov.ua/laws/show/1700-18/conv/print1443182583583872

Conflict of interests is individual’s private interest in the area where they perform representative office or powers that can influence the objectivity or impartiality of their decisions, or cause committing or non-committing acts during the execution of powers.

The law defines real and potential conflict of interests. Potential conflict of interest is the private interest that may affect further decisions or actions. Real conflict of interest is the private interest that have already affected decisions or actions.

The High Council of Justice (HCJ) is a collective,independent judicial self-government body. For the last few years the HCJ has systematically failed to take action against dishonest judges and allowed them to avoid disciplinary responsibility, has put pressure on independent judges and has promoted judges with a questionable reputation. Moreover, some of the HCJ members themselves lack integrity6

In Ukraine, public procurement used to be an area of high corruption risk. Each year, millions of dollars were siphoned off the state budget. Effective and transparent procurements are designed to save money for the state budget and create a healthy business environment.