Prosecutor General Ruslan Kravchenko has formed the Selection Commission to select the leadership of the Specialized Anti-Corruption Prosecutor’s Office (SAPO), appointing three additional members nominated by international and foreign organizations.

The appointees are:

• Martin Ortner — Chief Public Prosecutor, Austrian Economic and Corruption Prosecutor’s Office
• Laura Oana Stefan — Anti-corruption expert, former department director at the Romanian Ministry of Justice, and international expert with the European Commission and the Council of Europe on the rule of law
• Jens Madsen — Special Advisor at Plesner (Denmark’s leading law firm), former head of the Danish State Prosecution Service for Serious Economic and International Crime and the Danish Security and Intelligence Service.

The participation of international members in SAPO selection commissions serves as an important safeguard for the independence of the process. At the same time, the quality of the commission’s work depends on the collective performance of all its members — both international and national.

In January 2026, TI Ukraine drew attention to concerns over the composition of the commission with respect to its Ukrainian members. In particular, the organization called on the Prosecutor General to reconsider the appointment of attorney Oleksii Shevchuk, citing circumstances that call into question his compliance with the criteria of impeccable reputation and integrity.

Kravchenko responded to that call by stating that he lacks the authority to alter the composition of the competition commission. Shevchuk remains on the commission.

In addition to Oleksii Shevchuk, the national portion of the selection commission also includes:

• Iryna Horban — Head of Division at the Prosecutor General’s Office
• Serhiy Shmalenia — Deputy Head of Department at the Prosecutor General’s Office.

This competition concerns, among other positions, the role of Deputy Head of the SAPO. Andrii Syniuk, who held that position, resigned in November 2025 following the negative publicity surrounding Operation Midas. The Deputy Head of the anti-corruption prosecutor’s office assumes leadership of the institution in the event of the Head’s absence or termination of powers — a position on which SAPO’s operational capacity to investigate high-level corruption directly depends.

TI Ukraine continues to monitor the competition process and calls for full transparency and adherence to the highest standards of integrity.

The Prosecutor General has appointed lawyer Oleksii Shevchuk to the SAPO Selection Commission, despite his already questionable reputation. This step is unacceptable, as commission members must meet the highest integrity standards: their work determines trust in the selection process, SAPO’s future independence, and the effectiveness of the anti-corruption system.

The Law of Ukraine on the Prosecutor’s Office sets clear requirements for members of the Selection Commission for SAPO leadership. They must be individuals with an impeccable professional reputation, high professional and moral qualities, public authority, and integrity. These are not merely declarative requirements — they must be confirmed both formally and in light of candidates’ public reputation.

On December 23, 2025, Prosecutor General Ruslan Kravchenko filled the “prosecutor’s quota” for appointing members of the Selection Commission that will select candidates for leadership positions in the Specialized Anti-Corruption Prosecutor’s Office. Those appointed include lawyer Oleksii Shevchuk. Transparency International Ukraine draws attention to circumstances that reasonably cast doubt on whether this individual meets the legal requirements of an impeccable professional reputation, high moral qualities, and public authority.

Open sources contain information indicating that Shevchuk does not meet these criteria.

1. Negative assessment by the Ethics Council in the competition for the High Council of Justice. In 2023, this independent body with the participation of international experts found that Oleksii Shevchuk did not meet the criteria of professional ethics and integrity for a member of the High Council of Justice. These criteria are also relevant for members of the SAPO Selection Commission.

2. Disciplinary proceedings during his legal practice. Open sources contain information about at least two disciplinary cases concerning Oleksii Shevchuk as a lawyer. One involved insulting the honor and dignity of another lawyer, which resulted in a three-month suspension of Shevchuk’s right to practice law. Another concerned a Facebook post in which the lawyer used offensive language toward certain individuals and threatened them with “draft notices to hot zones” as punishment — the Qualification and Disciplinary Commission of the Bar considered this to undermine the authority of the legal profession and show disrespect for military service. As a result, Shevchuk was stripped of his right to practice law; however, the Higher Qualification Commission of the Bar overturned that decision due to procedural violations.

3. Mentions in investigative journalism with negative public resonance. Oleksii Shevchuk has repeatedly appeared in investigations by NGL.media. In particular, regarding the disappearance in Lviv of 10,000 U.S.-supplied military first-aid kits, and the misuse by certain civic organizations of the Shliakh system. At that time, lawyer Shevchuk held the position of head of the coordination headquarters on humanitarian assistance at the Lviv Regional Military Administration and served as an adviser to the head of the Lviv Regional State Administration, Maksym Kozytskyi.

Even in the absence of convictions, the nature and scale of public doubts matter when assessing the integrity of a member of a selection commission, especially in the field of criminal justice. Any reputational risks associated with an individual commission member jeopardize the legitimacy of the entire selection process.

We also note that the selection of SAPO leadership is taking place amid heightened risks of political pressure on anti-corruption bodies. In such circumstances, the quality and impeccable integrity of the Selection Commission’s composition become especially important.

In light of these concerns, Transparency International Ukraine calls on the Prosecutor General to reconsider the decision on the personal composition of the SAPO Selection Commission and replace Oleksii Shevchuk with a person who unequivocally meets the requirements of the Law of Ukraine on the Prosecutor’s Office and the highest integrity standards.

Trust in the leadership of the Specialized Anti-Corruption Prosecutor’s Office begins with trust in the selection process for its leadership positions. That is precisely why the composition of the Selection Commission must be unquestionably authoritative and beyond doubt.

On November 27, the Council of Prosecutors of Ukraine (CPU) announced the start of the process to form the Selection Commission that will conduct an open competition for the position of Deputy Head of the Specialized Anti-Corruption Prosecutor’s Office (SAPO).

Those wishing to become members of the commission may submit their documents by 5:00 p.m. on December 4 at the premises of the Prosecutor General’s Office (PGO). Guidelines for submitting candidate documents for commission membership have been published on the PGO website.

We urge the Cabinet of Ministers, the Office of the President, and the Verkhovna Rada to provide meaningful support to the NABU and the SAPO in their investigations and to strengthen the effectiveness of anti-corruption efforts!

Over the past weeks, the NABU–SAPO investigation into Operation Midas has sparked genuine public outrage in Ukraine, as it has exposed systemic problems across multiple areas of the country’s functioning. Undoubtedly, this case also highlights serious shortcomings in upholding the rule of law.

As early as today, the Verkhovna Rada Committee on Anti-Corruption Policy may consider the key issues of this case and the obstacles faced by anti-corruption bodies.

In our view, to prevent such pressure and to enhance the effectiveness of the fight against corruption, the Verkhovna Rada, the Cabinet of Ministers, and other institutions should primarily focus on the following: 

1. Ensure the involvement of independent international experts in competitions for top-level positions
2. Improve legislation to enhance the quality of pre-trial investigations and the adjudication of top-level corruption cases, so that both the Mindich case and other major corruption cases proceed properly and swiftly through all stages — from suspicion to a fair verdict.
3. Ensure the prompt conduct of a transparent, competitive selection process for the appointment of a Deputy Head of SAPO.

The recent developments demonstrate that genuine anti-corruption efforts are not about political slogans or ticking boxes to secure financial assistance from international partners. Ukraine already has a clear action plan, but over the past year its implementation has been significantly delayed — and at times openly sabotaged.

Therefore, Transparency International Ukraine calls on the parliament and the government to fulfil all international commitments in the rule-of-law sphere, including those aimed at strengthening anti-corruption mechanisms, so that schemes in defense, energy, and other sectors are effectively stopped and those responsible are brought to justice.

On September 5, following a competitive selection process, the head of the Specialized Anti-Corruption Prosecutor’s Office, Oleksandr Klymenko, announced the winners for the position of SAPO prosecutor. The following eight candidates will now officially join the SAPO team:

• Yuliia Yevtieieva
•  Ivan Diachuk
•  Anatolii Korchynskyi
•  Pavlo Ivanin
•  Illia Martseniuk
•  Olha Slabkovska
•  Andrii Ponomarenko
•  Ihor Polshchykov.

This was the first competition announced since the Verkhovna Rada passed a law in December 2023 strengthening SAPO’s institutional independence. The selection commission included, among others, Andrii Borovyk, Executive Director of Transparency International Ukraine.

“The public had high expectations for truly qualified and ethical candidates to lead procedural support in complex top-level corruption cases. It was a very tough selection process. Not all vacancies were filled. I wish the new prosecutors a swift and effective start,” said Andrii Borovyk, commenting on the competition process.

On November 14, the commission for the selection of SAPO prosecutors announced the names of the 4 winners in the competition. 

The list includes: 

Rostyslav Batih — NABU detective;

Vadym Kedruk — prosecutor of the Rivne District Prosecutor’s Office;

Vitalii Rybalkin — prosecutor of the Luhansk Regional Prosecutor’s Office

Ivan Striltsov — prosecutor of the Luhansk Regional Prosecutor’s Office. 

Thus, out of the required eight new prosecutors, four have been selected. 

“Such a decision to select only half of the required number of prosecutors might turn out quite appropriate. In our opinion, the commission was very thorough when selecting the candidates, so it did not fill vacancies nominally but selected the best prosecutors who will be able to perform their functions in new positions as efficiently as possible in the future,” explains Kateryna Ryzhenko, Deputy Executive Director for Legal Affairs at Transparency International Ukraine. 

The selection commission had to select the prosecutors of the departments of procedural management, support of public prosecution and representation in court (currently 7 vacant positions) and the prosecutor of the analytical and statistical department (1 vacant position).  

The competition for the selection of candidates for the positions of SAPO prosecutors began on August 18, 2023. The selection itself consisted of tests for knowledge of the law (a professional test) and for general abilities, as well as the interview stage, which included the candidates’ performance of a practical task and another round of interviews.  

Transparency International Ukraine is convinced that the update and expansion of the staff of the Specialized Anti-Corruption Prosecutor’s Office is an important step for the work of this body. It is these personnel that provide high-quality procedural management of investigations of corruption cases and increase the possibility of proving these crimes in the courts.

From October 23 to 31, candidates for SAPO prosecutors performed written tasks to demonstrate their practical work skills. Subsequently, the selection commission conducted interviews with the candidates to assess their professional competencies and integrity. 

According to the results of this stage, 16 candidates were admitted to the next round of interviews: 

Kostiantyn Alfiorov, prosecutor of the Sumy Regional Prosecutor’s Office;

Rostyslav Batih, NABU detective;

Rodion Biriukov, NABU senior detective;

Pavlo Ivanin, prosecutor of the Prosecutor General’s Office;

Vadym Kedruk, prosecutor of the Rivne District Prosecutor’s Office;

Volodymyr Koval, prosecutor of the Chernihiv Regional Prosecutor’s Office 

Attila Kovchi, prosecutor of the General Inspectorate of the Prosecutor General’s Office

Vitalii Kolesnyk, prosecutor of the Zolochiv Department of the Derhachi District Prosecutor’s Office of Kharkiv Oblast 

Illia Martseniuk, prosecutor of the Volyn Regional Prosecutor’s Office

Volodymyr Novak, prosecutor of the Vinnytsia District Prosecutor’s Office

Ihor Oliinyk, prosecutor of the Dnipropetrovsk Regional Prosecutor’s Office

Vitalii Rybalkin, prosecutor of the Luhansk Regional Prosecutor’s Office

Yevhenii Sayenko, prosecutor of the Luhansk Regional Prosecutor’s Office

Oleksandr Safarian, prosecutor of the Prosecutor General’s Office

Eduard Skubak, NABU senior detective

Ivan Striltsov, prosecutor of the Luhansk Regional Prosecutor’s Office. 

On November 13 and 14, the commission will conduct another round of interviews, which will further clarify the level of professional competency of candidates for SAPO prosecutors. As a result of these meetings, eight winners of the competition will be determined. 

“Updating and expanding the staff of the Specialized Anti-Corruption Prosecutor’s Office is a crucial step for the operation of the body. After all, they provide high-quality procedural management of corruption investigations and improve the chances to prove these crimes in court,” explains Kateryna Ryzhenko, Deputy Executive Director for Legal Affairs at Transparency International Ukraine. 

The competition to select candidates for the positions of SAPO prosecutors began on August 18, 2023. 

The selection itself consists of tests for knowledge of the law (the professional test) and for general abilities, as well as the interview stage, which includes the candidates’ performance of a practical task.

On September 29, the commission for the selection of prosecutors of the Specialized Anti-Corruption Prosecutor’s Office admitted 67 candidates to the next stage. This is 61% of the persons who submitted documents to participate in the competition.  

Interviews with candidates will be held October 23 to 31. According to their results, the selection commission will choose prosecutors of the departments of procedural management, support of public prosecution and representation in court (currently 7 vacant positions) and the prosecutor of the analytical and statistical department (1 vacant position). 

The competition for the selection of candidates for the positions of SAPO prosecutors began on August 18, 2023. 

The selection itself consists of tests for knowledge of the law (professional test) and for general abilities, as well as the interview stage, which includes the candidates’ performance of a practical task. 

155 candidates submitted their documents to participate in the competition. Of these, 154 candidates were admitted to the competition on September 8, 2023. 

On September 18 and 22, the first stage of competitive selection was held. 134 candidates took part in the testing for knowledge of the law, of which 111 candidates (82%) scored more than 80 points. One candidate got the maximum score — 100. 

In testing for general abilities, 67 candidates (61%) out of the total number of people admitted to the competition scored more than 110 points. 

Let us remind you that recently, the Verkhovna Rada has registered draft law No.10060, aimed at the long-awaited enhancing of the independence of the Specialized Anti-Corruption Prosecutor’s Office, improving the procedure for competitive selection for administrative positions in the SAPO and positions of prosecutors. TI Ukraine has already analyzed this document and provided recommendations for its improvement.

On December 22, the competition for the election of new prosecutors of the Specialized Anti-Corruption Prosecutor’s Office ended. As a result of the competition, 7 prosecutors were selected to the department of procedural management, support of the state prosecution and representation in court and one prosecutor to the analytical and statistical department.

Who got the position as a result of the competition?

Builenko Serhii (procedural head of prosecutors). He has 7 years and 9 months of experience. Previously, he worked as a deputy head of the department of the Luhansk Regional Prosecutor’s Office.

Habrielian Ruslan (procedural head of prosecutors). He has 10 years and 5 months of experience. Previously, he worked at the NABU.

Karas Mykola (procedural head of prosecutors). He has 7 years and 5 months of experience. Previously, he worked as a NABU detective.

Kozhemiaka Ihor (procedural head of prosecutors). He has 8 years and 11 months of experience. Previously, he worked as a chief of the Specialized Environmental Prosecutor’s Office of the Luhansk region.

Lytvynenko Dmytro (procedural head of prosecutors). He has 11 years and 8 months of experience. Previously, he worked at the NABU.

Polkhovska Nadia (analyst of the prosecutor). She has 7 years and 9 months of experience. Previously, she worked as a NABU detective for the Department of Organizational and Methodological Support.

Sabada Oleksandr (procedural head of prosecutors). He has 10 years of experience. Previously, he worked as a prosecutor of the Halytska District Prosecutor’s Office of Lviv.

Stelmakh Artem (procedural head of prosecutors). He has 7 years of experience. Previously, he worked as a prosecutor at the Central District Prosecutor’s Office in Dnipro.

Let us remind you that SAPO prosecutors support the state prosecution in corruption cases, supervise the implementation of operational and investigative activities of the NABU, collect evidence in cases together with detectives, etc.

Natalia Sichevliuk, legal advisor of Transparency International Ukraine, was also a member of the selection commission. This is not the first competition in which representatives of TI Ukraine participated. Previously, experts of the organization selected not only prosecutors of the SAPO, but the NACP head.

Currently, competitions for the heads of the NABU and the ARMA are underway, and 8 SAPO prosecutors are being elected: at what stage each of the competition is?

The SAPO competition is in full swing: 308 candidates have applied to the SAPO for the positions of 8 prosecutors. The tasks have already been published on the PGO website, so now the candidates are preparing for testing. https://bit.ly/sap_konkurs

The NABU competition is moving: yesterday, the commission approved the regulation, and also elected the chair of the commission — Mykola Kucheriavenko, the first vice-rector of Yaroslav Mudryi National Law University, member of the Scientific and Expert Council at the NACP; his deputy is Karen Greenaway, former FBI Special Agent, International Corruption Unit, and secretary — Oleksiy Savchuk, managing partner of the Assyria law firm.

The ARMA competition is in limbo: on Thursday, a meeting of the commission was to be held, but the quorum was not met. Earlier, the commission elected a chair, expelled one of the commission members (Zurab Adeishvili, Assistant Prosecutor General) and amended the work procedure. 

We hope that in each competition it will be possible to select professional and honest managers and employees who will increase the efficiency of each body and the anti-corruption infrastructure in general!

By the way, these are not the first competitions that we closely monitor and participate in the selection of personnel. TI Ukraine, being in different personnel and disciplinary commissions, selected detectives and other employees starting from the first selection of the Civil Oversight Council under the NABU. 

We also supported the state and helped select the SAPO prosecutors for many years. And now our legal advisor Nataliia Sichevliuk is part of the commission for the election of 8 prosecutors. 

At one time, representatives of the organization were also engaged in the selection of ARMA employees and the head of the NACP.

Our organization is actively working in this direction because the effectiveness and independence of the anti-corruption infrastructure in particular depend on the personnel.

We are making Ukraine stronger together!

On July 28, the new Prosecutor General Andrii Kostin appointed Oleksandr Klymenko head of the Specialized Anti-Corruption Prosecutor’s Office.

For two years, Ukraine as a state was unable to solve this problem. And finally, after all the scandals and political games, we have the chief anti-corruption prosecutor. He is a 36-year-old senior NABU detective who investigated cases against Onyshchenko, Tatarov, and others.

We would like to turn the page with the competition and talk about what’s important. What should Oleksandr Klymenko do first of all? And what are the expectations of his management in the first year?

The basic situation in the SAPO and around it

Until February 24, the Anti-Corruption Prosecutor’s Office had something to work with. A long list of problems and challenges did not allow to significantly gain momentum. As of the beginning of the year, NABU-SAPO had more than 850 proceedings and about 300 indictments in court. 

The nuances in the legislation, the lack of a full-fledged leader, excessive workload, pressure on the defendants and the Kremlin’s narratives about inefficiency are just what comes to mind first.

However, with the beginning of the full-scale invasion, it became even more difficult. After all, it was necessary to preserve all the developments, case documents and protect employees. But this did not cancel the daily work. The SAPO, like other state bodies, had to adapt to the new realities. For example, SAPO prosecutors and NABU detectives initiated the transfer of the largest bribe in the history of Ukraine of USD 6 million for the needs of the Armed Forces of Ukraine. 

Personnel and courts

Despite martial law, it is forbidden to reduce or accelerate any form of justice. This also affects the work of prosecutors. At the same time, cases are often delayed because, due to the threat to life and health, some judges, prosecutors, suspects, accused, and lawyers cannot appear for hearings. 

In addition, interim acting SAPO head Maksym Hryshchuk and 12 other SAPO prosecutors went to war. That is, almost every fourth. This cannot but affect the speed and quality of investigations and consideration of cases in court.

Despite this, there are noticeable results. For example, in the first 100 days of the war, detectives and prosecutors did not close a single case and referred high-profile ones to court: the case of the USD 5 million super bribe and the case of the brother of Pavlo Vovk, head of the KAC. They also completed an investigation into the case of MP from the Servant of the People faction Serhii Kuzminykh, who was exposed for receiving a bribe of UAH 558,000. There are also 10 verdicts and a satisfied civil forfeiture claim against Judge Maksym Kovbel. 

Moreover, in July, ex-head of the ARMA Anton Yanchuk and the other four defendants were served with charges. They are suspected of embezzlement of more than UAH 426 million from the sale of seized property in the SETAM system.

However, are these indicators the limit of possibilities?

Politics and corruption

It depends on the decisions of prosecutors whether the case will end up in court, whether the corrupt official will receive a guilty verdict, whether there will be motions for detention and seizure of property. Ministers, MPs, judges, directors of state-owned enterprises and other officials do not want to be in prison. However, at the same time, they have a significantly greater influence and more powerful tools.

Tatarov’s case illustrates this well. His case has shown, for the first time, but unquestioningly, that the current government interferes in anti-corruption investigations if their person is under suspicion. Despite the evidence collected, Oleh Tatarov still works as Yermak’s deputy and oversees the law enforcement sphere.

Unfortunately, there are only more such examples. Ex-prosecutor Venediktova for almost a week did not sign the suspicion to MP of the “Servant of the People” Yurchenko; another MP of the same faction — Trukhin has not yet been served with charges. And the proceedings were registered only six months after the accident.

Top 3 tasks for the anti-corruption prosecutor in the first year

First of all, Klymenko, after receiving cases from the acting head and getting to know the team closer, should start with establishing the processes inside. It is necessary to review the available resources, in particular human resources, to draw conclusions and propose solutions on how to effectively carry out the priority tasks of the SAPO in the conditions of war. For example, the number of SAPO employees is not enshrined in law. Therefore, if necessary, this issue can be resolved with the Prosecutor General’s Office.

To intensify and find new approaches to the work of prosecutors in court. Klymenko will need to find new approaches to organizing the work of prosecutors in order to minimize the impact of circumstances on the effectiveness of the SAPO in order not to lose the achievements gained by February 24.

Since August 2020, when the first head of the SAPO, Nazar Kholodnytsky, wrote a letter of resignation, the prosecutor’s office did not have a head with all the proper powers. 

We have witnessed numerous attempts to influence certain investigations, to pressure detectives and prosecutors. In particular, through the politically appointed Prosecutor General Venediktova.

Now, we have the authorized head of the SAPO Klymenko and a new politically appointed Prosecutor General Kostin, and also dozens of category “A” officials who are “persons of interest” to detectives and prosecutors. This means that external pressure will not weaken. Especially in conditions of war, when the state has more acute priority tasks than to promote and maintain the anti-corruption ecosystem.

Therefore, it is important for Mr. Klymenko to lead and make every effort to minimize external influence and build an apolitical independent body with his colleagues. 

The two-year competition to elect the head of the Anti-Corruption Prosecutor’s Office is rather a prelude to what awaits the new leader of the SAPO. There are continuous challenges ahead, such as to complete the investigations that have begun and bring to a logical and preferably successful conclusion the case of Nasirov, Rosenblatt, Onyshchenko and others; the obvious temptations of high-profile officials to make money on the reconstruction that has already begun; political games that have not stopped.

On July 28, the Prosecutor General Andrii Kostin appointed Oleksandr Klymenko, senior detective of the National Anti-Corruption Bureau, Head of the Specialized Anti-Corruption Prosecutor’s Office. The winner successfully passed all stages of the two-year competition and headed the overall rating, having gained 246 points.

Klymenko has more than 10 years of professional experience. He worked as an investigator in the internal affairs bodies of Kyiv, the National Police, and later — in the NABU. There he investigated several high-profile cases — those involving deputy head of the Presidential Office Oleh Tatarov, ex-head of the State Fiscal Service Roman Nasirov, ex-MP Oleksandr Onyshchenko, and others. 

“There is a demand in society for sentencing corrupt officials. Ukraine has been waiting for 2 years for a new head of the SAPO with all powers. The permanent head should show the result and facilitate the completion of investigations, as well as sentences in such high-profile cases as the “gas case” or that concerning Nasirov,” says Andrii Borovyk, Executive Director of Transparency International Ukraine.

It should be noted that the SAPO head is to appoint and dismiss prosecutors from administrative positions, form groups of prosecutors, sign suspicion notices, and interact with the NABU and the Prosecutor General’s Office.

 

 

On July 19, the commission on selection of the leadership of the Specialized Anti-Corruption Prosecutor’s Office determined the winner of the competition. Oleksandr Klymenko, senior detective of the NABU, became the head. What do we know about him.

1. He graduated from the Yaroslav Mudryi National Law University in Kharkiv.

2. From the beginning of the 2010s, Klymenko worked as an investigator, later — in the reformed National Police, five years later he became a senior investigator, where he investigated, in particular, the embezzlement in Ukrzaliznytsia.

3. Since 2016, Klymenko was a detective at the National Anti-Corruption Bureau of Ukraine. At that time, 70 detectives from 5,000 candidates were selected to the Bureau. 

4. A year later, Klymenko became a senior detective, and since November 2017 — the head of a NABU department.

5. Oleksandr has more than 10 years of professional experience, half of which he worked at the NABU.

6. Klymenko took part in investigations of cases involving:

• deputy head of the Presidential Office Oleh Tatarov (“housing for the National Guard”);
• ex-head of the State Fiscal Service Roman Nasirov (an episode of the “gas case”);
• ex-MP Oleksandr Onyshchenko (the “gas case”);
• former first Deputy to the Secretary of the National Security and Defense Council Oleh Hladkovskyi (the “Ukroboronprom case”);
• Dmytro Kriuchkov, chair of the Board of Energomerezha (the “Cherkasyoblenergo/Zaporizhzhiaoblenergo case”). 

7. According to the ex-Director of the NABU Artem Sytnyk, Klymenko was one of his most productive employees.

8. He’s ambitious. Klymenko applied for the position of the head because he was looking for career growth, and SAPO management can give more opportunities for change in the country. 

9. If he had been the head of the SAPO during the investigation of the Tatarov’s case, he would have done things differently. Probably, wouldn’t have buried it. But Klymenko will hardly be able to revive the case now.

10. Detective Klymenko passed the integrity test, both according to the commission and civil society organizations. The commission unanimously voted in favor of him passing to the next stage.

11. On December 21, 2021, the commission announced the rating of candidates. Oleksandr Klymenko scored 246 points, prosecutor Andrii Syniuk — 229. Thus, Klymenko was to become the leader, and Syniuk — his deputy.

12. Klymenko suggests that there may be difficulties in cooperation with Andrii Syniuk (his potential deputy) due to scandals around the competition.

Let us remind you that among the powers of the chief anti-corruption prosecutor (except for the management of the institution) are the appointment and change of prosecutors in cases, signing suspicions to senior corrupt officials, communication with the NABU and the Prosecutor General’s Office, organization of international cooperation, etc. 

 

On July 19, the commission for the selection of the head of the Specialized Anti-Corruption Prosecutor’s Office approved the overall rating and voted to submit this decision to the Prosecutor General. 

Oleksandr Klymenko, NABU Senior Detective, has become the actual winner, and Andrii Syniuk, Prosecutor of the Prosecutor General’s Office, has become his deputy. This was known as early as December 21, 2021, but the commission could not approve its own points. One of the obstacles was the decision of the KAC to cancel the procedure of the commission’s work. However, there is still no decision of the appellate instance. 

If the finalists meet the requirements of the law “On Purification of Power” and “On Prevention of Corruption” and receive admission to state secrets confirmed by the Prosecutor General’s Office, the chair of the commission will refer a submission to the Prosecutor General for the appointment of these candidates. Unfortunately, the PGO may delay the response and this will lead to a delay in appointing the winners of the competition.

The sabotage of the competition lasted from the first meeting and reached its climax at the stage of announcement of the final results. The President has repeatedly promised the International Monetary Fund, US President Joe Biden, and other partners to elect the SAPO head. But these obligations have not been fulfilled. 

In June, Ukraine received the status of a candidate in the EU. One of the requirements of the European Commission to start negotiations on accession to the European Union was the completion of the SAPO competition. 

“The challenge that the SAPO head will definitely face is external influence. It depends on the work of the institution whether a corrupt official receives a conviction or is acquitted. The SAPO tried to work adequately with the acting head for two years, but the Prosecutor General’s Office repeatedly intervened in cases (for example, those of Tatarov or Yurchenko). The election of the head is necessary for the effective and independent work of the entire anti-corruption ecosystem,” explains Andrii Borovyk, Executive Director of TI Ukraine. 

Oleksandr Klymenko is a senior detective of the NABU, has more than 10 years of professional experience, half of which he worked at the NABU, where he participated in investigations of cases against Oleh Tatarov, Roman Nasirov, Oleksandr Onyshchenko, Oleh Hladkovskyi, and others. 

Among the powers of the chief anti-corruption prosecutor (except for the management of the institution) are the appointment and change of prosecutors in cases, serving high-ranking corrupt officials with charges, responsibility for preserving the secrecy of the pre-trial investigation, communication with the NABU and the Prosecutor General’s Office, etc. His decisions will directly affect the dynamics of high-profile corruption investigations. 

Let us remind you that in addition to the head and deputy head of the SAPO, the members of the commission selected the head of the fifth department. Serhii Savytskyi, the prosecutor of the Sarny local prosecutor’s office who scored 240 points, has become the head.

 

On July 12, the Sixth Administrative Court of Appeal had to consider the decision of the Kyiv District Administrative Court (KAC) on cancelling the procedure for the work of the SAPO selection commission. However, the fate of the meeting is still unknown, and no decisions have been published.

The fact is that in December 2021, the notorious KAC issued a decision that created another artificial reason for some commission members to delay the approval of the winner in the SAPO competition for half a year. Despite the appeals of the international community, partners, and even the appeal of a part of the commission to convene a meeting, the head of the commission, Kateryna Koval, was waiting for the decision of the KAC to be considered in the appeal. 

The waiting and inactivity mode of the commission continues. It’s been seven months. 

Worst-case scenario

If in the near future the appellate instance confirms the decision of the KAC, the results of the competition, the methodology, the criteria for evaluating candidates, the procedure for commission members’ decision-making — all will be invalid. And therefore, all the stages of the competition and the available rating of the participants with the actual winner of the competition, the NABU senior detective Oleksandr Klymenko, are in question.

In this case, there will be one document that will regulate the activities of the commission — the law “On the Prosecutor’s Office.” However, it does not contain any specifics about the order of work. The only provision prescribed there is the “organization and conduct of the competition.” And there is no clause in the law that the selection commission cannot act without the procedure. Although every conscious person understands that without it, transparent selection of the head of the anti-corruption body is impossible.

The lack of procedure can untie the hands of the selection commission. It is likely that they will appoint a candidate who came second — Andrii Syniuk, prosecutor of the Prosecutor General’s Office. Or they will push through a politically biased person from the outside or from the previous stages of the competition. 

In theory, the commission can do anything if most of its members agree. And we won’t even be saved by the fact that there are international members in its composition. After all, the decision-making mechanism under the 5+2 formula may cease to operate if the appeal confirms the decision of the KAC. 

In addition, a negative decision of the appeal may create conditions under which Prosecutor General Iryna Venediktova will continue to influence the anti-corruption ecosystem, as it was with the case of Tatarov and Yurchenko.

There is a way out. But we need political will.

Any appeal decision must not undermine the SAPO competition. 

If Ukraine wants to continue European integration and raise funds for reconstruction, the members of the selection commission should fulfill their duty and appoint the head of the SAPO in July this year. The Ukrainian government promised this as part of the Ukraine Recovery Plan at the Lugano conference.

In fact, this is not the first deadline for the selection commission. Earlier, it sabotaged the demand of the International Monetary Fund, and the promise of Zelenskyy to Joe Biden remained unfulfilled. Therefore, it is difficult to expect a miracle in July, but we have to.

In addition, Ukraine received a clear demand from the European Commission to appoint a SAPO head. This is one of the seven conditions for the start of EU accession negotiations. Although the European Commission has not set a clear deadline, it will check the status of implementation as early as the end of the year. And in recent days, the G7 ambassadors also stressed the critical importance of appointing the head of the SAPO.

The Presidential Office should be aware of all the threats posed by the delay in the SAPO competition. Today, allied countries support us in the war not only with words, but also with weapons and finances. In exchange, they are waiting for real reforms. But what do they see? 

Two years of sabotaging the competition, a “sudden” decision of the unreformed KAC, which blocks the already delayed selection, and the fact that Kateryna Koval and individual members of the commission (Andrii Hudzhal, Olena Busol, Yevhen Sobol) play into the hands of the controlled part of the Presidential Office.

However, any doubts of the international partners (and they are definitely in this story) can be dispelled if the commission members meet and approve their own points in 3 minutes.