Parliament strengthened the independence of the anti-corruption prosecutorʼs office. Some norms of “Lozovyiʼs amendments” were not canceled

Author:
Kostia Andreikovets
Date:

In the second reading and as a whole, the Verkhovna Rada (the Ukrainian Parliament) voted for draft law No. 10060, which strengthens the autonomy and independence of the Specialized Anti-Corruption Prosecutorʼs Office (SAP).

The MP from "Voice" faction Yaroslav Zheleznyak reported that 298 MPs voted for the draft law.

The approved draft law removes the SAP from the structure of the Prosecutor Generalʼs Office and organizes it into a separate body of the prosecutorʼs office. In fact, it changes the status of SAP. The document also improves the procedures for selecting prosecutors and appointing them to administrative positions in SAP, creates a procedure for disciplinary proceedings against prosecutors, and defines the accountability mechanism for the leadership of the prosecutorʼs office, including performance evaluation and external audit by independent experts.

Zheleznyak separately noted that some regulations regarding "Lozovyiʼs amendments" were canceled in the draft law, but only partially. These so-called amendments relate to the terms of the pre-trial investigation, the appointment and conduct of the examination, the possibility of contesting the notification of suspicion, etc.

The anti-corruption organization Transparency International Ukraine writes that the lawmakers did not take into account critical recommendations:

  • Cancel the unconditional closing of the case by the court after the expiration of the investigation period, introduced by the Lozovyi amendments.
  • Provide the SAP with the opportunity to request extradition without the Office of the Prosecutor General.
  • Give the head of the SAP the ability to independently initiate criminal cases against MPs.

The Council currently has two draft laws that cancel the "Lozovyi laws" — No. 10100 and No. 10060-2 (alternative to the approved one). That is, the draft law that was adopted today is only the first step.

After the first vote in the Verkhovna Rada, Zheleznyak noted that this document is a "beacon" for the International Monetary Fund, the European Union and the countries of the "Big Seven" (G7).