The Specialised Anticorruption Prosecutor's Office SAPO

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.

Corruption investigation and prosecution

  • SAPO

    The Specialised Anticorruption Prosecutor's Office

    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.

    establishment
  • SAPO

    The Specialised Anticorruption Prosecutor's Office

    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.

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