“In the last three days, the Ukrainian authorities have managed to adopt and sign a law on dismantling the anti -corruption vertical, which outraged the entire country, and then under pressure from protests to promise it to remedy it with a new “urgent” bill. But does the new document # 13533 return everything “as it was”, does it leave hidden opportunities to control anti -corruption bodies? Evgeny Riyako tells, lawyer, legal manager […]”, – WRITE: Businessua.com.ua

In the last three days, the Ukrainian authorities have managed to approve and sign a law on dismantling of anti -corruption vertical, which outraged the entire country and then under pressure from protests To promise it to correct it with a new “urgent” bill. But does the new document # 13533 return everything “as it was”, does it leave hidden opportunities to control anti -corruption bodies? Evgeny Riyako, lawyer, head of the law company Riyako and partners tells.
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The adoption by the Verkhovna Rada and signing by the President of July 22It came into force on July 23 as Law No. 4555-IX.
“Data-Title> 12414which envisaged the restriction of independence of NABU and SAP, caused considerable public resonance. In Kiev and other cities of Ukraine there were several days of protests on its cancellation. The law was criticized by businessmen, politicians, public figures and EU representatives.
Under the pressure of such public outrage, Volodymyr Zelenskyy promised to return the independence of NABU and the SAP in the evening of July 23 through a new presidential bill. As a result, on July 24, document # 13533 appeared on the website of the Verkhovna Rada, marked as urgent. The Council should consider it on July 31.
NABU has already stated that the bill restores the full range of procedural powers and guarantees of independence for anti -corruption bodies.
Will be as it was but there are exceptions The Presidential Bill really returns NABU and SAP independence, which they had before the entry into force of Bill No. 12414. But except for some interesting facts.
First, the Prosecutor General, however, left broad powers to act other law enforcement agencies. Investigators of the Security Service of Ukraine, DBR, Baby and National Power will be obliged to follow written instructions both their prosecutors in the case and the Prosecutor General. But in fact, he still had such powers.
Secondly, the Prosecutor General can still take the case from the NABU and transfer it to another body in the event of “the availability of objective circumstances that make it impossible to function the relevant body of pre-trial investigation or the pre-trial investigation in martial law.”
The request of society after analyzing this item of the bill – what is it? Hidden opportunity to influence the objective norm, what should exist?
This provision does not pose a threat to anti -corruption bodies, because the circumstances specified in the draft law to transfer the case from NABU to another law enforcement agency cannot be imagined. Only if there is no employee left to the bureau at some point.
But the fullness and ratio of the powers of the Attorney General and anti -corruption law enforcement officers were not the only triggers of the Law No. 12414 for the lawyers. The document expanded the grounds for conducting searches without a court sanction. In fact, the need to take the investigator’s decision on conducting the search was removed in general. It’s about returning in 1937.
The Presidential Bill No. 13533 returns this norm to the original state. On July 21, 2025, Article 233 of the CCP allowed searches without a court order if it was related to the saving of life and property or the direct prosecution of persons suspected of committing a crime. The law then obliged to go to court and to legalize such a search. The investigating judge has the right to refuse and return all seized items to the owner or to “legalize” such a search.
Spoon tar? But it could not be perfect. The concern remained about personnel standards. The possibility of selecting prosecutors outside the competition and the release of “outside the state” is planned to be left valid. This can contribute to the strengthening of corruption and promotion of “their people” in the bodies of the Prosecutor’s Office of the highest level and contradicts the decision of the Constitutional Court of Ukraine No. 11-r (II)/2024 of December 18, 2024. On the other hand, it can be the opportunity to release the SAP management.
Concerning the additional rules registered in the Law No. 13533 on the need to pass the Polygraph NABU by employees and restrictions on traveling abroad. In fact, the use of polygraph is the established practice of the bureau. This is not an innovation, but an instrument of internal integrity: workers undergo a polygraph during official investigations, appointments and reassignments, NABU noted. And the right to travel abroad during martial law and so not all employees of the bureau.
It was a more political and reputational component that should show how the authorities would fight against the influence of the aggressor state.
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