How quickly NABU investigates cases and SAPO sends indictments to court

The data presented in February point to a certain decline in the number of people notified of suspicion in corruption cases in 2025, but overall, they indicate intensified work targeting top officials. 

While in 2024 notices of suspicion were served on 231 people in total, in 2025 that number was 218. 

So how did these figures change across categories of officials?

• The number of the highest-ranking officials notified of suspicion (ministers, heads of central executive authorities, and their deputies) doubled, from 6 people in 2024 to 12 in 2025.

For example, in 2024 former Minister of Agrarian Policy Mykola Solskyi was notified of suspicion in a land seizure case in Sumy region; former Deputy Head of the Office of the President Andrii Smyrnov was notified of suspicion for laundering illicitly obtained funds and accepting an offer of a bribe; and former Deputy Energy Minister Oleksandr Kheilo was notified of suspicion for offering a bribe. In 2025, those notified of suspicion included Antimonopoly Committee Head Pavlo Kyrylenko in a new episode of failure to declare assets and illicit enrichment; former Deputy Prime Minister and Minister of National Unity of Ukraine Oleksii Chernyshov for alleged abuse of office and accepting an undue benefit; and former Deputy Minister of Agrarian Policy and Food Volodymyr Topchii for alleged abuse of office.

• Representatives of the judiciary: 10 people received notices of suspicion in 2025, compared with 5 in 2024.

Among the NABU-SAPO proceedings in 2024, notable cases included the bribery case involving economic court judges in Lviv region and the case involving judges of the Bilhorod-Dnistrovskyi court in Odesa region, who allegedly accepted bribes for rulings that became grounds for draft deferments. In 2025, suspects in NABU bribery cases included a judge of a city district court in Dnipropetrovsk region, a judge of one of Odesa’s district courts, and a judge of the Volovets district court.

• Members of Parliament and local councils, as well as other local senior officials: the figure remained at roughly the same level—21 people in 2025 versus 22 in 2024. 

In this category, those notified of suspicion in 2024 included MP Mykola Zadorozhnii, who, according to the prosecution, together with accomplices solicited a bribe from the head of a village council in Sumy region and organized its transfer. Notices of suspicion were also served on Iryna Kormyshkina in a case involving illicit enrichment and false declarations, and on Mukachevo Mayor Andrii Baloha for allegedly ensuring the adoption of a decision to sell a municipally owned land plot at an understated price. In 2025, NABU and SAPO notified MP Viktor Bondar of suspicion for organizing a scheme to supply products to Ukrzaliznytsia at inflated prices. In another case, as many as four sitting MPs—Yevhen Pyvovarov, Ihor Nehulevskyi, Olha Savchenko, and Yurii Kisiel—were named as suspects for, according to the investigation, systematically receiving undue benefits in exchange for voting in Parliament.

• The number of suspected officials of state agencies and state-owned companies decreased: there were 23 such individuals in 2025, compared with 37 in 2024.

This can be explained, among other things, by the implementation of a policy of prioritizing investigations into high-level corruption.

The process of sending cases to court has also changed. The number of people in respect of whom indictments were prepared increased. In 2024, indictments were drawn up against 243 people (131 in the first half of the year and 112 in the second half), while in 2025 that number rose to 280 (154 in the first half and 126 in the second half).

In 2025, the largest number of SAPO indictments concerned:

• heads of other state agencies and state-owned companies—56 people. Among them were four defendants in the case about the embezzlement of funds from Ukrzaliznytsia; officials and their accomplices in the case concerning abuse at the Odesa Portside Plant; and officials charged in connection with laundering funds belonging to state-owned enterprises that were part of the Ukroboronprom concern.
• Members of Parliament and local councils, as well as other local senior officials—23 people. In 2025, cases sent to court included those against two former members of the Odesa Regional Council, who together with other accomplices seized 32 vessels, converted them into 12 barges, and unlawfully appropriated them. Also sent to court with an indictment was the case against MP Zadorozhnii, who, with the assistance of National Police officials, demanded a bribe in exchange for not obstructing infrastructure repair works in Sumy region. A former member of the Kharkiv Regional Council also became a defendant after allegedly organizing a criminal group whose actions in electricity sales during wartime caused losses of more than UAH 58 million to Ukrenergo.
• Law enforcement officials—26 people. Defendants in NABU and SAPO cases in this category included an ex-detective of the central office of the Bureau of Economic Security and a senior investigator of the Main Department of the National Police in Kyiv region for demanding an undue benefit of $150,000; the head of a sector within the SSU Department for the Protection of National Statehood and two other individuals exposed for demanding an undue benefit of $300,000; and a former head of a department of the Cherkasy Regional Prosecutor’s Office and a civilian who were exposed while receiving $41,000.

This trend shows that NABU and SAPO are not only opening more proceedings but are also more effectively bringing pretrial investigations to completion. This dispels the myth that NABU merely announces suspicions while the number of indictments remains low. Of course, once a person has been notified of suspicion, completing the pretrial investigation takes time, especially where mutual legal assistance measures are involved or suspects are being sought. 

Even so, for analytical purposes it would be appropriate for the statistics to include the average duration of pretrial investigations of criminal offenses, with a breakdown of the number of criminal proceedings in which the investigation has been suspended and an indication of the reasons for that, as well as the duration of the defense’s review of the case materials under Article 290 of the Criminal Procedure Code of Ukraine. At present, these aggregate indicators, which significantly affect the understanding of the timeline of top-level corruption cases, are unfortunately unavailable.

In addition, NABU’s statistics do not publish information on terminated criminal proceedings, including a breakdown showing whether these are cases with identified suspects or cases without suspects. That would make it possible to take a broader view of the pretrial investigation body’s work, including whether criminal proceedings remain pending there for long periods without notices of suspicion being issued.

It is also worth noting that Parliament still has not passed the changes that would strengthen NABU’s work and that international auditors have stressed are necessary. These include, in particular, abolishing the automatic closure of cases once investigation time limits expire, as well as resolving jurisdiction-related issues. This would allow the NABU and the SAPO to demonstrate an even higher level of effectiveness in investigating cases. In addition, unresolved issues remain with access to wiretapping without SSU involvement, as well as other matters affecting the efficient handling of state secrets and access to independent forensic examination.

The HACC’s effectiveness in court proceedings

The HACC’s annual report shows that its performance in court proceedings improved markedly across key indicators in 2024–2025: from the volume of cases reviewed to the speed of decision-making and the value of confiscated assets.

The HACC significantly increased the pace at which it completed criminal cases. In 2025, the court reviewed 114 cases (concerning 180 individuals), compared with 88 cases involving 137 individuals in 2024.

The number of judgments also rose, from 77 in 2024 (including 38 plea-based judgments) to 109 in 2025 (including 72 plea-based judgments). Overall, 154 individuals were convicted last year, substantially more than in 2024, when the figure was 112. We also see a decline in the number of acquittals, from 10 in 2024 to 8 in 2025. This, too, shows that most of the cases SAPO sends to court are built on a solid evidentiary foundation.

For example, in 2024 the HACC Appeals Chamber sentenced ex-MP Ruslan Solvar to three years in prison for unlawfully receiving compensation for housing rent. The HACC sentenced former SSU investigator Serhii Hlivinskyi to nine years in prison for soliciting and accepting a bribe, and MP Andrii Odarchenko also received his sentence—eight years in prison for attempting to bribe the former head of the State Agency for Recovery with bitcoin. 

Then, in 2025, the HACC sentenced ex-MP Dmytro Kriuchkov in absentia to 15 years in prison for embezzling more than UAH 1.5 billion from the companies Cherkasyoblenergo and Zaporizhzhiaoblenergo; former head of the State Judicial Administration Salnikov to three years for abuse of influence; and, finally, former head of the State Fiscal Service Roman Nasirov received his sentence—six years of imprisonment for abuse of office.

We also see a rise in the number of plea-based judgments. For example, in 2025, based on plea agreements, the HACC sentenced former head of the Western Economic Court of Appeal Borys Plotnytskyi to eight years of imprisonment, barred him from holding senior civil service positions for three years, and imposed a fine of UAH 85,000. Former Prosecutor General’s Office prosecutor Volodymyr Derhunov was sentenced to one year of actual imprisonment; in addition, he was banned from holding office for three years, and his residential house, together with a KIA Sportage, was confiscated. A plea agreement was also concluded with businessman Tyshchenko, a defendant in the case involving the embezzlement of the “Kurchenko oil products.” At the same time, for example, the texts of the judgments in the Plotnytskyi and Tyshchenko cases are sealed, and public communication on these cases does not make it possible to determine what exactly the state received in exchange for mitigating their punishment.

So although the increase in the number of cases reviewed is positive in itself, the growing number of plea-based judgments—especially when access to them is limited—may undermine trust in both the HACC and SAPO. In this regard, it would be advisable to use classification only for specific parts of a judgment and to improve SAPO’s communication regarding its policies on plea agreements in high-level corruption cases.

Despite the increase in the number of cases, the HACC managed to improve the efficiency of its use of time in court proceedings. While in 2024 one criminal case took an average of 618 days from receipt to final judgment, in 2025 that average fell to 405 days. This may have been aided, among other things, by the introduction of single-judge proceedings, as well as by the increased number of plea-based judgments, since such cases take significantly less time to review.

Even so, the number of unresolved proceedings is growing. While there were 287 such proceedings in 2024, involving 749 individuals, in 2025 there were already 327, involving 862 individuals. This shows the need for both legislative and organizational measures aimed at improving the efficiency of criminal case review. 

For example, in the course of monitoring HACC cases, we recorded instances of abuse and delay, including in the case involving the criminal organization at the District Administrative Court of Kyiv, in former State Fiscal Service head Roman Nasirov’s case within Onyshchenko’s “gas scheme,” and in the case of the so-called “king of smuggling,” Vadym Alperin. All of this could be addressed through amendments to the Criminal Procedure Code of Ukraine aimed at countering abuse of procedural rights.

Cassation review of HACC and HACC Appeals Chamber decisions by the Supreme Court also shows positive trends. In 2025, the cassation court reviewed a larger number of appeals filed by parties—164 in total, including 41 reviewed on the merits. By comparison, in 2024 there were 150 such appeals, and only 28 were reviewed on the merits. Overall, the number of HACC decisions left unchanged upon review also increased: in 2025, there were 27 such decisions, or 65.9% of those reviewed on the merits, whereas in 2024 there were 16, or 57%.

It is also encouraging that the court’s effectiveness in asset recovery improved in 2025. Last year, the total value of assets subject to special confiscation exceeded UAH 673 million across 13 proceedings. By comparison, in 2024 this figure stood at UAH 158.8 million in 11 proceedings. Meanwhile, the value of confiscated assets in money laundering cases increased almost tenfold—from UAH 50.6 million in 2024 across 4 judgments to UAH 470.3 million in 2025 across 7 judgments.

Even so, the HACC’s and NABU’s reports contain no information on the enforcement of asset confiscation decisions, which means it is impossible to track how much of this money has actually reached the state budget. Still, if provided by other state bodies, this information could be highly illustrative from the standpoint of public communication quality.

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The effectiveness of NABU, SAPO, and the HACC is no longer just about the figures in their reports. These are already indicators that stakeholders in Ukraine and abroad look to. 

Indeed, the visible uptick in these institutions’ work was the main reason Ukraine’s score in the 2025 Corruption Perceptions Index improved by 1 point. In that study, the Bertelsmann Foundation gave Ukraine 5 points, primarily taking into account the extent to which officials who abuse their office are held accountable or punished. And the figures above speak directly to that. The Corruption Perceptions Index is an international study that takes into account a whole range of factors affecting the state of anti-corruption efforts.

So the increase in the number of notices of suspicion issued to top officials, indictments, and judgments is a positive trend not only for the work of NABU, SAPO, and the HACC, but for the entire field overall. At the same time, real trust in the anti-corruption system requires more than just bigger numbers. It also requires transparency: publishing more aggregated information, opening up plea-based judgments to the extent possible, and reporting on the actual enforcement of confiscation decisions. 

We have no doubt that NABU, SAPO, and the HACC are indeed working, but systemic work also means addressing the shortcomings that still exist. That is what will determine whether quantitative growth in the indicators turns into a qualitative result.

Open Letter to the Verkhovna Rada of Ukraine Regarding the Termination of the Unlawful Actions of the Temporary Investigative Commission on Investigating Corruption in Law Enforcement Agencies, Courts, and Judicial Authorities 

On June 19, 2025, the Parliament established the Temporary Investigative Commission of the Verkhovna Rada of Ukraine to investigate possible facts of corruption or corruption-related offenses in law enforcement agencies, courts, and bodies of judicial governance (the TIC), chaired by Members of Parliament Serhii Vlasenko and Maksym Buzhanskyi.

Despite its declared purpose, the TIC threatens the independence of anti-corruption bodies and judicial authorities. In particular, the TIC committed the following violations:

• reviewed the activities of the HCJ, the HQCJ, and the PIC, although the Parliament did not assign it this task in Article 1(2)(1) of the resolution establishing the TIC;
• attempted to compel the appearance of HQCJ member Serhii Chumak, despite the fact that Article 49(3) of the Law of Ukraine on the Judiciary and the Status of Judges prohibits compulsory appearance for judges; 
• established an expert group not provided by law, the members of which bear no personal liability for knowingly false findings.

 

The following institutions have already stated that the TIC exceeded its mandate and is being used as an instrument of pressure on anti-corruption bodies and interference with the independence of the judiciary: the National Anti-Corruption Bureau of Ukraine (NABU), the Specialized Anti-Corruption Prosecutor’s Office (SAPO), the High Anti-Corruption Court (HACC), the High Council of Justice (HCJ), the High Qualification Commission of Judges of Ukraine (HQCJ), and the Public Integrity Council (PIC).

In its 2025 report on Ukraine, the European Commission noted that the TIC “should not erode public trust in anticorruption institutions through unwarranted public statements nor overstep the limitations stemming from the separation of powers.”

In its opinion, the Parliamentary Rules Committee stated that the TIC submitted its activity report without complying with the requirements of Article 21 of the Law of Ukraine on Temporary Investigative Commissions and Temporary Special Commissions of the Verkhovna Rada of Ukraine—the deadline for the TIC’s next report is missing; there is no information on voting on each established circumstance; and the report contains no proposals. Despite the fact that the Parliament did not consider the TIC’s report and did not instruct it to continue its work, the TIC approved a plan for the coming months and is planning meetings.

The actions of the Members of Parliament on the TIC discredit parliamentary oversight, have nothing to do with a genuine fight against corruption, and create risks for fulfilling Ukraine’s commitments to the EU.

In light of these facts, we demand that the Verkhovna Rada of Ukraine:

1. Immediately include on the agenda of the next plenary session the issue of hearing the TIC’s report, conclusions, and proposals.
2. Following consideration of the TIC’s report, adopt a decision to terminate the TIC’s mandate.

Civil society organizations:

• DEJURE Foundation
• ZMINA Human Rights Center 
• CHESNO movement
• Center for Economic Strategy
• Bihus.Info
• StateWatch
• Human Rights Group SICH
• Detector Media
• Transparency International Ukraine
• Center for Civil Liberties

What needs to change in corruption investigations

In its report, the European Commission noted an increase in the number of indictments in NABU cases. This has clearly caused concern among certain representatives of the Ukrainian authorities who, instead of fulfilling Ukraine’s international commitments to enhance the capacity for effective investigations, are promoting harmful legislative initiatives designed to undermine the effectiveness of the NABU and the SAPO. This refers to the events of July 21–22, 2025, when Parliament, in fast-track mode, adopted, and the President signed, a law that restricted the independence of the anti-corruption bodies.

Although most of its provisions harmful to the Bureau and the anti-corruption prosecutor’s office were later repealed by another law, some Members of Parliament have not abandoned these efforts. Disregarding the warnings of EU commissioners and the clearly articulated demand of society, they continue to insert into various draft laws provisions that would allow influential suspects to evade criminal liability or even establish the lawfulness of their actions. For example, where they acted based on explanations issued by certain state bodies, as proposed in Draft Law No. 12439. The European Commission explicitly referenced such legislative initiatives in its report. 

At the same time, the authorities largely ignore recommendations that would genuinely improve NABU’s operational effectiveness. These include granting the Bureau the ability to conduct wiretapping autonomously (without involvement of the Security Service of Ukraine). For interested parties, it is extremely convenient to know in advance whose communications NABU intends to intercept, making it possible to warn “their” person ahead of time. 

Court examinations also remain a systemic problem. Corruption cases often have an economic dimension — they involve the proper valuation of works performed under state contracts or the determination of the amount of damage caused. Overburdened expert institutions, pressure on experts, or their bribery negatively affect both the quality and speed of evidence collection in corruption cases.

The European Commission also noted that the possibility of closing cases due to the expiry of pre-trial investigation time limits has still not been abolished. This provision allows suspects to avoid criminal prosecution simply because an indictment was submitted to the court with a delay of two or three days. The NABU cases were most often closed on this ground due to confusion stemming from shifting positions of the Supreme Court — when judges could not agree on which authority was responsible for extending investigation time limits or on how such time limits should be calculated.

The Commission further noted a decline in the number of corruption indictments initiated by the National Police and the State Bureau of Investigation. This alarming trend was also highlighted in our Shadow Report. It indicates a substantial decrease in the number of mid- and low-level corruption investigations that successfully reach the courts. Addressing this issue requires strengthening the analytical capacity of the Prosecutor General’s Office, which should analyze the reasons for case closures, assess the lawfulness of investigations, and determine whether corruption factors influenced the final decisions. 

The NABU also received specific “homework” from the European Commission. The audit report published in May 2025 contains a number of recommendations aimed at strengthening the Bureau’s performance. In particular, European partners emphasized the need to improve the effectiveness of internal control management and to enhance safeguards against the unlawful disclosure of pre-trial investigation information. The latter recommendation is clearly relevant not only for the NABU but also for the SAPO.

Fair adjudication within a reasonable time

Completion of the investigation and transfer of a case with an indictment to the HACC is by no means the end of criminal prosecution. The case must still be examined with full respect for procedural guarantees, without abuse of those guarantees, and within a reasonable time.

In some cases, this becomes an exceptionally difficult task, with which, regrettably, the HACC cannot always cope. The number of cases closed due to the expiry of limitation periods is increasing, and not primarily because of flaws within HACC itself. 

The tactic of deliberate delay is usually chosen by those suspects who see the approaching prospect of release from criminal liability and therefore use every possible procedural opportunity to prolong the proceedings until the case is closed. This includes unfounded recusals, marathon speeches lasting up to 40 hours during debates and final statements, repeated failures of participants to appear, holidays, sick leave, and hours-long deliberations over matters that are clear. In some instances, such cases had no real chance of being considered at all — they were referred to the HACC with only a few months remaining before the expiration of limitation periods.

For this reason, the European Commission devoted considerable attention to improving the statute of limitations framework and counteracting procedural delays — in other words, combating abuse of procedural rights. In addition, the report expresses expectations regarding HACC itself, which should develop a strategy to ensure the effectiveness of judicial proceedings. On November 28, the HACC published the corresponding strategy.

It is also important not to lose sight of the ongoing competition to fill 23 vacant judicial positions at the HACC. It is crucial that this process take place with the participation of the Public Council of International Experts, which together with the High Qualification Commission of Judges must ensure the selection of professional and ethically sound candidates. 

Without a high-quality selection of judges, it will be impossible to improve the effectiveness of adjudicating top-level corruption cases. However, this appears to run counter to the intentions of certain Members of Parliament, who have established a Temporary Investigative Commission whose activities have prompted serious concerns from the European Commission regarding respect for the balance between branches of power. In our view, these concerns are fully justified — the Commission’s representatives have taken decisions that indicate serious interference in the functioning of the judiciary.

What usually escapes broader public attention is how HACC verdicts are actually enforced. The European Commission did not focus on this issue separately in its report but did note general problems with the enforcement of court decisions across the board. We, in turn, recall that Ukraine still lacks a proper data collection system on the enforcement of HACC sentences. This makes it impossible to assess the real state of implementation of verdicts, including the confiscation of assets from convicted persons and the enforcement of other penalties.

Incidentally, the European Commission quite rightly drew attention to asset confiscation, more precisely, to the insufficient number of such cases. It pointed out that current legislation lacks mechanisms for seizure in the context of extended confiscation and that the grounds for applying special confiscation need to be improved. This fully aligns with the recommendations of our research, the implementation of which would prevent all kinds of ‘Midas figures’ from retaining their illicit wealth.

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As we can see, the European Commission has formulated specific requirements that Ukraine must fulfill in order to continue moving toward the EU. In essence, this is a list of systemic problems that have for years been blocking the effective fight against corruption and now require urgent resolution.

Ukraine has already covered a significant part of the path toward the EU. Specialized anti-corruption institutions have been established, many necessary laws have been adopted, and there have been convictions in high-profile cases. However, the moment has now come when Europe is no longer looking at the mere creation of institutions but at their real effectiveness. 

Recent investigations by the NABU and the SAPO give hope that both the level of such effectiveness and public awareness of it will continue to grow. At the same time, the efforts by certain representatives of the authorities to suppress the independence of anti-corruption bodies and the regular obstruction of their work indicate that these institutions are becoming increasingly dangerous for the most entrenched and institutionalized corruption. 

Yet the creation of NABU, SAPO, and HACC is not a clause in international agreements — it is a response to a clear demand from Ukrainian society after the Revolution of Dignity. That is why further strengthening their capacities and preserving best practices will make it possible to ensure the inevitability of criminal liability for those who, at a time of existential threat to the very existence of the Ukrainian state, continue to devise new schemes. So that no one will any longer question whether protective structures should be built for electricity generation facilities, or how financial flows should be structured so that law enforcement cannot reach them. Because they will reach them anyway.

Investigations and suspicions are good things

The first point worth emphasizing is that the investigation (and its expected outcomes) is definitely positive. Despite the scandal and intense media attention, including internationally, the key takeaway is that the scheme will stop, and the money will no longer be stolen. This is precisely why we fought to safeguard the independence of the NABU and the SAPO this summer. 

Of course, beyond the investigation and suspicion notices, we expect concrete verdicts and accountability for those involved. That will not happen overnight. We live in a rule-of-law state, where pre-trial investigations and court proceedings must run their course. But accountability for corruption is essential and expected.

The Government’s response

The President initially voiced only general support for the investigation and the need to hold the guilty accountable. Two days later, he finally called for the dismissal of the ministers named in the case and spoke of sanctions against the suspects. These were minimal steps — and delayed ones. The Government first suspended only the Justice Minister, Herman Halushchenko, and sent the State Audit Service to inspect Energoatom’s procurement transactions, mentioned in the investigation. This clearly looked like an attempt to shield “close friends and family.” 

As for the State Audit Service’s inspections, we doubt auditors can do much. They can verify whether the physical state of the construction sites matches the paperwork — whether what was declared was actually built. That may assist investigators. But auditors have no authority to trace or confirm kickbacks. They cannot even formally identify overpayments. Their role is limited to ensuring procurement procedures comply with the law.

Are procurement rules to blame?

A natural first reaction is to assume the problem lies in procurement itself. The leaked recordings reference procurement of protective structures for energy facilities. They are allowed to bypass Prozorro and be made directly — a wartime exception introduced to speed up the fortification of critical infrastructure. Yet, according to the recordings, the criminal organization actively slowed construction to extract kickbacks.

Still, an identical scheme could have worked through competitive tenders. Prozorro is not an anti-corruption system. It is an e-procurement platform that makes procurement more efficient and transparent. Transparency, in turn, means a higher chance of spotting corruption. But what we typically see are indirect signs: discriminatory conditions, inflated prices concealing margins for kickbacks. Criminal organizations, unfortunately, do not send their kickbacks through the e-procurement system.

Would there have been a greater chance of spotting the problem if these procurements had gone through Prozorro? Yes. Would it have allowed us to detect kickbacks with certainty? No. 

System and people 

Corruption arises where imperfect systems meet individuals willing to exploit them. There are no perfect systems, no matter how detailed or well-designed the rules. Rules cannot absolve people of responsibility. Ultimately, decisions are made by specific individuals.

To reduce these risks, meritocracy must guide appointments to public office. People should receive positions because of their qualifications and achievements, especially in managerial roles. Unfortunately, what we see now more closely resembles nepotism. 

We must accept that the war will not end soon and stop using it as an excuse to avoid necessary decisions. Leadership positions in state institutions should be filled through open competitions, not direct appointments. We see the results of this approach in the NABU and the SAPO — institutions that have demonstrated capacity largely because their leadership was selected through transparent competitions. The same competitive approach should be used to choose heads of state-owned enterprises and oversight bodies like the State Audit Service and the Accounting Chamber. And these competitions must be not only open, but rigorous, with realistic criteria and proper assessment of qualifications and skills. 

These positions must also come with competitive market level salaries. Otherwise, attracting qualified professionals will remain impossible. A senior public-sector position is a job comparable to management roles in the private sector — only with higher responsibility and risk. It must be compensated accordingly.

Most government positions, however, are still filled by direct appointment, and public-sector pay remains far below market standards. This must change.

Ministerial appointments, of course, are inherently political; open competitions cannot apply. But we must recognize that “moving the deckchairs” is not a real government reset in critical moments. The responsibility for appointing capable, ethical ministers lies with the Parliament — and indirectly with the Prime Minister and the President. This choice, too, must be rooted in meritocracy, not personal loyalty. 

Uncovering corruption is only the first step

The exposure of the Energoatom kickback scheme unleashed a torrent of emotions. The story dominates media and social networks, with headlines appearing in international outlets.

But once the emotions recede, we must think clearly about what this actually means — and what must happen next. 

Yes, the first steps after exposing corruption are investigations, suspicion notices, convictions, and accountability. But such cases always point to the need for systemic change. The “eggs for 17” scandal brought about defense procurement reform. Was that reform perfect? No. Did it improve the situation? Absolutely. 

This scandal should be seen as a signal: we can no longer tolerate nepotism. Public service, especially in key leadership positions, requires political and economic independence. Without it, efficiency is impossible. 

Should this investigation prompt reconsideration of the wartime exceptions that allow direct procurement of protective structures for critical infrastructure? Or do national-security considerations still justify them?

Could stronger internal or external oversight have prevented the scheme? We are left with many questions that require serious, deliberate reflection.

The case of Ruslan Mahamedrasulov: were there ties to Russia?

Ruslan Mahamedrasulov served as Head of NABU’s Interregional Directorate of Detectives based in Dnipro. He was detained by the Prosecutor General’s Office and the Security Service of Ukraine on suspicion of aiding the aggressor state under Article 111-2 of the Criminal Code of Ukraine. This article establishes criminal liability for intentional actions aimed at assisting the aggressor state in causing harm to Ukraine, either through support for enemy decisions or the transfer of material resources.

The charges are based on claims that Mahamedrasulov allegedly acted as an intermediary in selling technical hemp to the Republic of Dagestan, while the illicit cultivation of this crop was allegedly organized by his father, a private entrepreneur. The prosecution asserts that by facilitating this trade with Russia, the senior NABU official assisted his father in unlawful activity and caused harm to Ukraine. However, the public record lacks details on how exactly such harm is substantiated or whether the alleged hemp sales could indeed qualify as aiding the aggressor state.

What we did see is that law enforcement focused heavily on the NABU official’s family background. The SSU publicized information unrelated to the essence of the suspicion — such as his parents’ citizenship, sources of their income, and his vacation destinations — clearly aimed at eliciting an emotional reaction from the audience.

Evidently, these details were intended to shape a strong emotional perception of NABU detectives as deeply entangled in Russian connections and indifferent to the realities of war in Ukraine, holidaying abroad instead — a tactic that closely resembles manipulation.

The Mahamedrasulov case also raised serious concerns about the quality of the evidence base. Civil society experts have already analyzed discrepancies in the materials released by the SSU. Attention was drawn to the apparent confusion between Dagestan and Uzbekistan in relation to a state program supporting hemp cultivation. In fact, such a program exists in Uzbekistan, not in Russia’s Dagestan. 

As “evidence,” the SSU cited a Russian government resolution providing subsidies only for crops grown on Russian territory and listed in the state register, without any mention of imported products. The Dagestan government’s own resolution makes no reference to hemp as an eligible subsidized crop. Moreover, procurement from abroad could not have been justified under that decree: by the time the alleged “correspondence” began — on July 10, the same day the SSU claims the exchange took place — the application deadline for subsidies had already expired. That correspondence also referenced Agroprime, which has been under criminal investigation in Russia since 2023 for unlawfully obtaining a 22.2-million-ruble subsidy. No firm under investigation could, even in theory, qualify for a subsidy in Dagestan.

Despite all these inconsistencies, on July 22, 2025, the Pechersk District Court ordered Mahamedrasulov into pretrial detention without the option of bail until September 16, 2025, later extended to October 21.

The key issue in the Mahamedrasulov case remains the discrepancy between the seriousness of the charges and the quality of the evidence presented. The SSU relied on selective and emotionally charged communication, emphasizing the detective’s family background — from his father’s citizenship to his vacation in Tenerife — which unmistakably suggests an attempt to create an emotional image of collaboration with the enemy. At the same time, there appear to be critical gaps in the evidence base, ranging from confusion over foreign subsidy programs to the use of information about a company already under investigation for financial violations.

What does the connection to MP Fedir Khrystenko have to do with it?

A central element in how the SSU and the PGO communicated about the Mahamedrasulov case was his alleged connection to MP Fedir Khrystenko, formerly of the now-banned Opposition Platform – For Life party. On July 20, the day before the NABU searches, the SSU and PGO charged Khrystenko in absentia with high treason, claiming that he was a resident (senior agent) of Russia’s FSB and worked to strengthen Russian influence within the NABU.

According to the investigation, the FSB recruited Khrystenko during the presidency of Viktor Yanukovych, and the MP actively carried out tasks assigned by the Russian intelligence service during the Revolution of Dignity. Following the full-scale invasion, he fled abroad and continued his unlawful activities from there. 

The SSU alleges that Khrystenko had known Mahamedrasulov since their time studying together at Donetsk University. The SSU also disclosed details of supposed links between the two. Additional investigative materials allegedly showed that Mahamedrasulov’s father corresponded with Khrystenko, and in one exchange, they agreed to meet in the European Union. Moreover, in that correspondence, Khrystenko supposedly wrote to the father that he could not reach Mahamedrasulov Jr. (using only the first initial for secrecy) and asked for help in establishing contact.

Interestingly, the official communication contains no explanation of how Khrystenko actually exerted influence on the NABU, raising questions about whether the SSU and PGO truly possess a sufficient evidentiary base to substantiate the criminal charges against the MP.

Khrystenko himself was detained in Ukraine on September 6, 2025, and placed in pre-trial detention. However, he was not returned under a formal extradition procedure, but through political arrangements with the authorities of the country where he had been staying.

Communication surrounding Khrystenko’s suspicion included further examples of manipulation. The PGO released information about his alleged contacts with other NABU officials, explicitly naming them. At the same time, authorities circulated claims that NABU detectives had helped oligarch Hennadii Boholiubov cross the border. 

These claims were based on the fact that the wife of Oleksandr Skomarov, head of a NABU detective unit, left Ukraine in 2022 in a car registered to the family of fugitive MP Khrystenko. However, Skomarov explained to Ukrainska Pravda that on February 25, 2022, he obtained official permission from his management to evacuate his wife and their two-year-old child to the western border. There, he met an elderly man (over 60) who transported vehicles abroad for payment and agreed to take his family. On February 26, from the town of Berehove, Skomarov’s family was taken out of Ukraine. It appears most likely that this man was transporting Khrystenko’s vehicle and agreed to take passengers for an additional fee.

This leads to the question: if the SSU and PGO were confident enough of Skomarov’s ties to Khrystenko to mention him publicly, why was he not formally notified of suspicion of any crime?

Another “information dump” by law enforcement claimed that detectives under Skomarov’s supervision had, at Khrystenko’s request, helped Hennadii Boholiubov cross the border. Specifically, it was alleged that two NABU employees accompanied the fugitive oligarch on a train during his escape. 

The NABU, however, explained in its official communication that the detectives were in fact on a work assignment at the invitation of the Stolen Asset Recovery Initiative (StAR) — a joint program of the World Bank and the UN Office on Drugs and Crime. The trip had been official, approved in advance, and undertaken to participate in a series of bilateral meetings at the Global Forum on Asset Recovery held in Vienna on June 25–27. It was purely coincidental that Boholiubov happened to be in the same train car.

The alleged connection between oligarch Ihor Kolomoiskyi and Oleksandr Skomarov, supposedly regarding the “resolution” of Kolomoiskyi’s criminal cases if Skomarov were to win a position at the ESBU, also appears extremely tenuous. This conclusion was drawn from a screenshot containing Kolomoiskyi’s remark: “Looks like there will be a second NABU.” How law enforcement interpreted this phrase in such a way is unclear. It appears they sought to use a single piece of information to plug multiple holes in the government’s problems at the time.

Thus, this case also lacks sufficient detail to assess the validity of the accusations but certainly not a shortage of manipulative communication tactics from the SSU, which is, of course, deeply concerning.

Suspicion of trading in influence

On September 16, the Prosecutor General’s Office announced that Ruslan Mahamedrasulov had been served an amended notice of suspicion. According to the investigation, the NABU official accepted an offer of unlawful benefit for himself and third parties in exchange for influencing decisions made by public officials — an offense under Article 369-2(2) of the Criminal Code of Ukraine.

Investigators allegedly discovered this information on the suspect’s phone. He had reportedly received an offer from one of his contacts to help resolve tax-related issues for several Ukrainian companies. The matter involved illegal decisions by the State Tax Service to remove about ten companies from its list of “risky” entities, allowing them to conduct financial transactions worth around UAH 30 million. The PGO stated that analysis of the companies’ activities indicated signs of affiliation with a “conversion center.” The cost of such “services” was reportedly UAH 900,000, roughly 3% of the total amount of blocked funds. 

According to investigators, the NABU officer accepted this offer and attempted to resolve the issue through a former high-ranking tax official, at a time when the current Prosecutor General, Ruslan Kravchenko, headed the State Tax Service. Mahamedrasulov also allegedly sought assistance from a former law enforcement colleague with whom he had previously worked at the NABU. During interrogations, the individuals in question confirmed that the NABU official had indeed contacted them with such a request.

It is important to note that as of the date the suspicion was served to Mahamedrasulov, investigators were only considering whether to charge the individual who had offered him the bribe, and there is no public record confirming that such a notice of suspicion has been served to that person. Nevertheless, the media reported that the individual who corresponded with Mahamedrasulov during the time Kravchenko led the Tax Service is currently listed as an assistant to the Prosecutor General.

Following an analysis of the published information, questions remain as to whether the investigators truly possess all the evidence required to prove the alleged offense. The available data do not demonstrate that the NABU official accepted a proposal to influence anyone for unlawful gain, nor is it clear which specific official Mahamedrasulov was allegedly supposed to influence, according to the PGO’s version.

The case of Viktor Husarov

Viktor Husarov worked in the “D-2” unit of NABU’s Central Office. He was detained by the PGO and the SSU on suspicion of high treason and unauthorized actions with information.

According to investigators, Husarov committed more than 60 episodes of transmitting restricted information to Dmytro Ivantsov, a former deputy head of Yanukovych’s security. The SSU claims that in February 2014 Ivantsov helped the fugitive president escape to Russia, after which he stayed in Crimea and joined the occupying forces.

The SSU further alleged that Husarov was part of a large enemy agent network run by FSB officer Igor Yegorov. This network allegedly also included SSU Major General Valerii Shaitanov (convicted in 2020 and sentenced to 12 years in prison) and a serviceman of the National Guard.

A particular feature of Husarov’s case is that his cooperation with Ivantsov allegedly began as early as 2012, when he worked at the Ministry of Internal Affairs, not at the NABU. Publicly available information contains no indication that this cooperation continued during his employment at the NABU. 

The NABU, for its part, presented a version of events that differs from that of the SSU. According to the Bureau’s leadership, in August 2023 it received information from the SSU about possible risks associated with Husarov. The claim was that during his service at the MIA (2012–2015), he had emailed information about Ukrainian citizens to a staff member of the State Guard Directorate. The NABU immediately became involved in clarifying the circumstances and organized an additional check together with NABU officers and SSU unit heads. However, during this joint inspection, no evidence was found to suggest that Husarov was aware of the State Guard official’s ties to Russian intelligence services. This was confirmed by an SSU representative during in-person meetings.

The NABU also initiated an interview of the employee, but the SSU strongly recommended refraining from any action so as not to interfere with operational work. The special service further mentioned that the identified connections did not concern the NABU employee, and no contacts between them had been recorded.

On August 1, 2024, a search was conducted at Husarov’s residence on the basis of a court order, after which he was summoned for questioning. In August 2024, the SSU orally informed the NABU that during the investigation of the high treason case, no evidence of the NABU employee’s involvement had been found, and no proof of participation in anti-state activities existed.

Since then, the NABU has repeatedly requested documentary confirmation of the check results from the SSU but has received no official response.

Husarov’s defense lawyer stated in court that her client had indeed transmitted data in 2015 but believed that Ivantsov was still employed at the State Guard and did not know about his flight to Crimea or his cooperation with the Russians. She also reported that during Husarov’s detention on July 21, SSU officers beat him to force disclosure of his phone password.

On July 22, the Shevchenkivskyi District Court ordered Husarov to be held in custody for 60 days without bail. On September 8, the appellate court upheld the decision.

For us, the Husarov case raises the greatest number of questions concerning the motivation for his detention specifically in July 2025. If the SSU had information about his contacts with Ivantsov since 2023, conducted checks in 2024, and even orally informed the NABU that no evidence of anti-state activity existed, then why was the arrest carried out precisely on the eve of the parliamentary vote on dismantling NABU’s independence? The defense’s claim that Husarov was unaware of Ivantsov’s shift to the Russian side, along with reports of beatings during his detention, add further doubts regarding the legality of the procedural actions.

The case of false asset declaration

On September 10, 2025, the SSU announced that it had exposed NABU detective Vitalii Tiebiekin for false asset declaration (Article 366-2(1) of the Criminal Code of Ukraine). He was accused of attempting to conceal the purchase of a two-room apartment in Uzhhorod worth $100,000. According to the SSU, the detective allegedly registered the property under the name of his close acquaintance’s mother. Despite the family residing in the apartment, Tiebiekin failed to declare the property in his 2023 asset declaration and, in his 2024 declaration, listed it as rented. However, investigators reportedly obtained evidence showing that the individual registered as the owner did not receive any payment for its use.

Interestingly, although the overall tone of SSU statements on this case was rather restrained (in stark contrast to the earlier, more aggressive communication in previous cases), the agency still decided to add that the detective’s parents hold Russian passports and live in temporarily occupied territory — information that Tiebiekin allegedly failed to disclose when applying for security clearance to access state secrets, thereby violating the law.

By doing so, the SSU continued to shape a narrative of NABU’s alleged “pro-Russian infiltration.” Moreover, its actions undermine the understanding of forced passportization as a violation of international humanitarian law, and cast doubt on the Russian Federation’s deliberate policy of creating conditions that discriminate against residents who refuse Russian citizenship, depriving them of basic rights and services.

Another concerning element is the prosecutor’s request for bail in the amount of over UAH 4 million and a personal recognizance for the suspect to report any change of residence and to appear when summoned by the prosecutor. Ultimately, the court imposed bail of over UAH 2.9 million and placed additional procedural obligations on the NABU detective. Yet the Criminal Procedure Code of Ukraine clearly sets the maximum bail for non-serious crimes at 20 subsistence minimums for employable persons — just over UAH 60,000. A higher amount cannot legally be applied because the alleged offense is neither serious nor especially serious. The HACC, for example, routinely imposes bail consistent with this standard for similar cases.

Road traffic accident cases

In parallel with the detentions over the alleged “Russian trace,” the State Bureau of Investigations announced suspicions against NABU employees in cases related to road traffic accidents that resulted in injuries to victims.

All three accidents occurred earlier — two in 2021 and one in 2023. The first accident took place in Kyiv when a law enforcement officer, exiting from a secondary road, collided with a vehicle traveling on the main road. The second accident occurred at the 61st kilometer of the Kyiv–Odesa highway, where an officer, while overtaking another vehicle, failed to maintain a safe speed, veered off the road, and overturned the car, which subsequently hit a gas station building. The third accident involved an officer driving a service vehicle at a regulated intersection in Kyiv; he struck a pedestrian crossing the road on a green light. The pedestrian sustained injuries classified as moderate.

The NABU made public its position on these cases. In each incident, the employees immediately provided first aid to the victims, called an ambulance and the police, and reported the incidents to the relevant authorities. These actions were properly recorded and confirmed by the findings of NABU’s Internal Control Department.

The employees did not use their official positions for personal advantage, nor did they attempt to avoid liability. On the contrary, they fully cooperated in establishing the circumstances of the incidents. One of the detectives even provided financial assistance to a victim for medical treatment.

The NABU expressed surprise at the decision to conduct mass searches over events that occurred several years ago, as well as the initiation of motions for interim measures in the form of unconditional detention. At the same time, the SBI filed motions to suspend all three employees from their positions, despite the absence of risks of interference in the investigation.

On July 22, the court imposed interim measures on all three suspects. The first detective was suspended from duty until September 21 and ordered to notify authorities of any change of residence and not to leave Kyiv. The second was placed under personal obligations for 60 days and also suspended from work. The third was placed under nighttime house arrest for 60 days.

Particularly puzzling is the suspension from duty of these NABU detectives. Such an interim measure requires establishing circumstances that justify the belief that the suspect’s continued service contributed to the commission of the crime, or that while in office, the suspect might destroy or falsify evidence, unlawfully influence witnesses or other participants in the proceedings, or otherwise obstruct the investigation. Based on the publicly available facts, it is unclear how such risks could have been proved.

Thus, the road accident cases raise questions about the proportionality of the measures applied and their synchronization with other proceedings against the NABU. The suspension of detectives over traffic accidents is especially questionable, since the law requires substantiated grounds showing that remaining in office contributed to the crime or poses risks to the investigation.

Instead of conclusions: questions that require answers

An analysis of the events of July 21, 2025, and the subsequent investigation into NABU employees raises a series of fundamental questions that concern not only these specific cases but also the overall adherence to the rule of law in Ukraine.

Why did all actions by different law enforcement bodies take place simultaneously on the same day, just before the parliamentary vote on dismantling the independence of the NABU and the SAPO? Why did cases of entirely different jurisdiction — from traffic accidents to high treason — advance at the same time? Why were searches conducted without court warrants, and why were appellate reviews delayed?

Particular concern arises over the quality of the evidence base in cases qualified as treason and aiding the aggressor. In Mahamedrasulov’s case, analysis revealed inconsistencies regarding an apparent confusion of countries in relation to subsidy programs. In Husarov’s case, the SSU initially informed the NABU that no evidence of anti-state activity had been found, but a year later suddenly detained the employee without providing further documentary confirmation.

Why did law enforcement communication rely so heavily on manipulative tactics — from emphasizing family ties to unlawfully disclosing the names of suspects? Why was the evacuation of a detective’s family in February 2022 interpreted as a “connection with a Russian agent,” and why was an oligarch’s remark “looks like there will be a second NABU” presented as an attempt to “settle criminal cases”?

Any criminal proceedings, regardless of the seriousness of the charges, must be conducted in strict compliance with the rule of law, the presumption of innocence, and procedural guarantees. However, the published facts, including reports of beatings during detentions, excessive pre-trial measures in traffic accident and false declaration cases, the coordinated actions of multiple law enforcement bodies, and public communication that undermines the presumption of innocence, point to systemic violations.

These circumstances suggest that the criminal prosecutions of NABU employees have become one of the key elements in attempts to dismantle independent anti-corruption institutions. The synchronization with the parliamentary vote, the scale of the operation, and the nature of the communication all indicate a political motivation behind these actions.

If, however, genuine evidence emerges proving that employees of anti-corruption bodies acted in the interests of the aggressor state, such matters must be resolved within the framework of existing disciplinary and criminal procedures in full compliance with procedural guarantees.

The first panel discussion focused on “Society’s Demand for Justice: From Request to Result.” Leaders of the anti-corruption ecosystem, representatives of international partners, civil society, and the legal community discussed the main challenges currently facing the administration of justice in high-level corruption cases. 

Sevgil Musayeva, editor-in-chief of “Ukrainska Pravda“

At the outset, the moderator, Ukrainska Pravda editor-in-chief Sevgil Musayeva, invited participants to assess whether the activities of the anti-corruption institutions meet society’s demand for justice: 

• NABU Director Semen Kryvonos rated the work of the anti-corruption system 3 out of 5
• SAPO Head Oleksandr Klymenko gave a solid 4, identifying the main problem as a lack of communication about the progress and results of investigations and court proceedings
• HACC Head Vira Mykhailenko gave a 4+, noting that she refrained from giving the top score of 5 to leave room for improvement
• TI Ukraine’s Executive Director Andrii Borovyk agreed with NABU’s director and rated the system at a solid 3. 

“Fighting corruption means systemic work. We all need to draw conclusions and work both on institutional resilience within the bodies and on continuing to demand that the Ukrainian authorities implement reforms,” Andrii Borovyk concluded.

Commenting on possible improvements in the work of the anti-corruption institutions, Semen Kryvonos pointed to the challenges they currently face, noting that next week, NABU detectives may be served with notices of suspicion and that searches may be conducted.

Allan Pagh Kristensen, Head of EU Anti-Corruption Initiative in Ukraine stressed that the government must support institutions rather than create obstacles: “I hope that one day anti-corruption reforms and support for anti-corruption institutions will be not only the result of international partners’ and civil society’s efforts, but will also stem from within the political system itself, which will recognize the advantages and value of such institutions.”

Allan Pagh Kristensen, Head of EU Anti-Corruption Initiative in Ukraine

Overall, participants touched on a number of pressing issues — from the way institutions communicate about their results to mechanisms for accelerating trials so that statutes of limitations do not expire. At the end of the discussion, Sevgil Musayeva asked participants about planned changes and commitments for the coming year that would help meet society’s demand for justice.

“To the next HACC anniversary, we plan to complete many socially significant and high-profile criminal proceedings. And we wish the HACC that the percentage of cases where statutes of limitations expire will steadily decrease and verdicts will be handed down even in complex cases,” said Semen Kryvonos.

Oleksandr Klymenko noted that after the so-called “cardboard Maidan” protest, the SAPO launched regular communication with different groups in society, including students and businesses. The institution intends to continue this work to reduce public distrust of anti-corruption bodies.

Oleksandr Klymenko, SAPO Head

Vira Mykhailenko expressed hope that the competition for the selection of new judges would finally be successfully completed, which would expand the staff and accelerate case consideration. She also expressed the expectation that within a year, the court would finally move into a new building.

“This year will indeed not be easy. It will be harder to resist attempts to diminish the influence of anti-corruption institutions on the corruption situation, and harder to keep society’s attention. For civil society and journalists, the main challenge lies in safeguarding the achievements already made in this field,” Andrii Borovyk concluded.

The full discussion can be viewed here:

 

The event was supported by Transparency International Ukraine and the EU Anti-Corruption Initiative.

Key risks of the draft law before the second reading

Most of our conclusions regarding the problems of the draft law in its initial version remain valid. However, the second reading has introduced new risks as well, which we describe in detail below.

 

1. Actions taken in accordance with official positions of state authorities as grounds for excluding criminal liability

The authors of the amendments propose that actions of an individual should not be considered a criminal offense if they were taken on the basis of clarifications issued by central executive authorities regarding the application of tax, customs, or public procurement legislation.

This provision entails serious corruption risks, in particular:

• There is no established procedure for verifying the legality of such clarifications or for appealing them. It remains unclear what should happen if a clarification were issued ultra vires or in contradiction to existing legislation.
• The concept of “actions taken on the basis of clarifications” is not clearly defined. In practice, business entities engage in ordinary economic activities rather than “executing” clarifications of state bodies, which means offenses could be disguised as compliance with such clarifications.

Above all, this provision contradicts the very essence of anti-corruption efforts, which invariably concern the unlawful nexus between power and those who exploit it for personal gain. Under the proposed norms, individuals with sufficient influence could obtain favorable clarifications from central executive authorities for their own benefit and thereby avoid liability for violations.

It is particularly striking that this provision would cover clarifications of customs legislation—an area that, according to business surveys, has consistently ranked as the most corruption-prone for four consecutive years. It therefore appears that MPs, in a draft law ostensibly aimed at protecting business interests, have failed to take this aspect into account.

It should be noted that similar provisions already exist in tax law. For example, a person cannot be charged interest if they acted in accordance with a tax consultation or a Supreme Court decision. However, the Tax Code contains critical safeguards: individual tax consultations can shield from financial liability only if they are officially registered in a special state database. Moreover, if an individual consultation contradicts a general one, the latter prevails as it has superior legal force.

The new draft law would extend grounds for excluding criminal liability under the Criminal Code beyond taxation to also cover customs and public procurement legislation.

In seeking to enhance business protection by inserting new provisions into the Criminal Code, the committee overlooked that clarifications of legislation cannot substitute the law itself. The absence of sufficient clarity and precision in legislation undermines protection against arbitrary interference by public authorities in property rights, as underscored by the ECtHR in Shchokin v. Ukraine. In this way, the authorities attempt to “pull the wool over the eyes” of business, absolving themselves of responsibility for legislative quality while creating additional corruption risks.

Furthermore, clarifications issued by state bodies may be vague and merely repeat statutory provisions, opening the door to ambiguous interpretations and complicating the determination of whether a business was acting lawfully.

It is also important to recall that Article 41 of the Criminal Code sets clear criteria for the legality of orders: they must be issued by a duly authorized person, in due form, within their competence, and must not contradict legislation or violate constitutional rights of individuals or legal entities. Moreover, an authorized person bears liability for carrying out a “manifestly criminal” order, thus creating an additional safeguard against abuse.

By contrast, the proposed new Article 41-1 contains no criteria for assessing the legality of clarifications but instead grants immunity for any actions “based on clarifications,” even if those clarifications contradict the law or are manifestly unlawful. This would create far greater opportunities for abuse. We therefore recommend removing these provisions from the draft law.

The proposed new Article 41-1 contains no criteria for assessing the legality of clarifications but instead grants immunity for any actions “based on clarifications,” even where such clarifications contradict the law or are manifestly unlawful, thereby creating far broader opportunities for abuse.

2. Premature disclosure of investigative secrets

The draft law proposes allowing appeals to an investigating judge against decisions of investigators to deny access to case materials, access to which at that stage could compromise the investigation.

In our view, such a provision risks breaching investigative secrecy and undermining the course of the investigation.

This danger is especially acute given that the prosecution would be obliged to disclose in court the content of materials to which access was denied and explain how such access could jeopardize the pre-trial investigation. This would inevitably harm the case, particularly in light of Article 306(3) of the Criminal Procedure Code, which requires that complaints against decisions, actions, or omissions during pre-trial investigation be considered in the mandatory presence of the complainant or their counsel or representative. Exercising this right would give these individuals direct access to the content of materials regardless of the investigating judge’s ruling on the complaint.

It is true that EU directives recognize the right to access case materials substantiating an arrest or detention. However, they also allow refusals where access could pose a serious risk to the life or fundamental rights of another person, or where refusal is strictly necessary to protect important public interests, including the integrity of an ongoing investigation.

In this context, it should be noted that under Draft Law No. 12439, appeals could also be lodged by representatives of persons subject to searches or whose property was seized.

EU implementation reports also show that some Member States do not provide for judicial review at the police investigation stage. In such cases, decisions are reviewed by a prosecutor or a higher-level prosecutor.

Accordingly, the proposed provision would impose excessive openness on investigative bodies and endanger investigative secrecy. The scope of persons entitled to request access should therefore be limited, and refusals to grant such access should be reviewed by a higher-level prosecutor.

The provision proposed by MPs would require excessive openness on the part of pre-trial investigation bodies, potentially compromising investigative secrecy. It is therefore necessary to limit the circle of persons entitled to request access to the materials.

3. Urgent searches will become practically impossible in corruption investigations

MPs propose narrowing the list of criminal offenses for which urgent searches may be conducted—an approach they had already pursued in the controversial Draft Law No. 12414. The narrowed list includes only one corruption-related offense: Article 368 of the Criminal Code (passive bribery).

Yet the need for urgent searches arises in other corruption-related offenses as well, for example, under Article 369-2 of the Criminal Code (trading in influence). Consider a scenario where a bribe recipient immediately seeks to exchange the funds at a currency exchange office: without the ability to conduct an urgent search of that office without prior judicial authorization, investigators would be unable to complete the evidence-gathering process.

We therefore recommend expanding the list of criminal offenses permitting urgent searches to cover other corruption-related offenses.

MPs propose narrowing the list of criminal offenses for which urgent searches may be conducted—an approach they had already pursued in the controversial Draft Law No. 12414.

Conclusions

TI Ukraine recommends that Parliament reject Draft Law No. 12439 in the version endorsed by the Verkhovna Rada Law Enforcement Committee on August 27, 2025. It is regrettable that, under the guise of protecting business, MPs are in fact hindering investigations into corruption offenses—the very offenses that often underpin and trigger such pressure on business.

Undoubtedly, business requires prompt safeguards against harassment through unfounded criminal proceedings. However, the chosen path of reform will cause more harm than good. Law enforcement officials who exert unlawful pressure on business are not following the law, they are violating it. Yet the proposed provisions of this draft law would obstruct the investigation of such abuses.

To ensure that Draft Law No. 12439 responds appropriately to existing challenges, we propose: 

• Not amending the Criminal Code to broaden the list of circumstances excluding criminal liability
• Limiting the circle of persons entitled to demand access to pre-trial investigation materials, and providing that refusals to grant such access be reviewed by a higher-level prosecutor
• Expanding the list of criminal offenses permitting urgent searches to include corruption-related offenses 
• Taking into account other proposals for improving the draft law that TI Ukraine had already put forward prior to the first reading.

Separately, we call on the President of Ukraine to sign the law adopted back in January 2025  on amendments to certain laws of Ukraine aimed at strengthening guarantees for the activities of media, journalists, and citizens’ access to information (Draft Law No. 11321). Had this law been in force, civil society organizations would have been able to attend committee sessions and oversee what MPs decide behind closed doors.