Ukraine: Elimination of the independency of anti-corruption services against affront at the top of power

osw.waw.pl 9 hours ago
Zdjęcie: NABU


Analysis

Ukraine: Elimination of the independency of anti-corruption services against affront at the top of power

Mr Marcin Jędrysiak
Source
nabu.gov.ua

On 22 July, the ultimate Council adopted (with 263 votes in favour and 13 against) a bill effectively eliminating the independency of the National Anti-corruption Office (NABU) and the peculiar Anti-corruption Prosecutor's Office (SAP) by subjugating them to the lawyer General (PG). On the same day, it was signed by president Volodymyr Zelenski, pointing out that it is essential due to the request to fight the Russian agent. Its adoption preceded the usage of the subordinate safety Service of Ukraine (SBU) to conduct searches with NABU and SAP officers under the pretext of combating Russian influences in these institutions. In the largest cities of Ukraine there were protests against the assassination of anti-corruption institutions. The opposition began collecting signatures on the referral of the bill to the Constitutional Court.

Its adoption is the culmination of a wider run involving the usage of state apparatus to exert force on independent institutions: On July 18, the State Bureau of Investigation (DBR) searched the flat of the head of the non-governmental organization of the Anti-corruption Center Vitali Szabunin, known for his strong criticism at Zelenski. In turn, the media, linked to the authorities, began a run to discredit writer Inna Wedernikova and her husband. It is besides an expression of the government's desire to subjugate the services and authorities pursuing corruption by illegally blocking the appointment of Alexander Cywinski as the fresh head of the Bureau of economical safety (BEB), justified by alleged concerns about the safety of delicate information (the Cywinski father lives in Russia).

These cases are imposed on corruption scandals concerning 2 erstwhile Deputy Prime Ministers: Oleksiy Czernyszów (b. Minister of National Unity) and Olha Stefaniszyna (b. Minister of European Integration and Justice). The ruling actions respond to investigations against high-ranking politicians and are an effort to prevent further specified cases in the future. At the same time, it appears that, in the current global situation, the Ukrainian authorities do not anticipate negative consequences from Western partners, which is an additional incentive for further attacks on independent institutions.

Taking control of NABU and SAP

The Act of 22 July in practice eliminates the independency of NABU and SAP. He assumes that PG will have access to all NABU cases and will be able to grant access to any another prosecutor. He besides obtained the power to issue binding investigative orders to that institution and, in the event of their failure, to mention the case to another authorities. The function of lawyer General has been full since June 2025. Ruslan Krawchenko, considered a subsidiary of the President's Office. The broad powers conferred on him will let for obstruction of proceedings, interference in their conduct and transfer them from NABU to his subordinate prosecutors, depending on the president's expectations.

The introduction to the effort to take control of these bodies was an unlawful search carried out on 21 July, based on allegations of the alleged cooperation of any NABU detectives with Russia. These actions were intended to give an excuse to pass a bill that had not previously been published. Subject to the SBU President, she stated that she was detecting fraud: 1 of the detectives was to aid her father sale method hemp (used for industrial purposes) to Russian Dagestan; another was to pass classified information to Russian services through contact with the deputized illegal Opposition Platform – For Life Fedir Christenko (SBU accused him of treason of the state).

On the same day, SBU carried out safety checks on classified information in SAP. The search was carried out without a decision of the court, which makes it illegal: the law allows searches to be made without specified consent only in the event of a threat to wellness or life and the hazard of demolition of evidence (none of these conditions occurred).

It may be that the next step of the authorities will be to discredit and release the current leadership of NABU and SAP. The head of the National Anti-corruption Bureau Semen Krywonos unsuccessfully called on the president to veto the bill and stated that Parliament in practice destroyed anti-corruption infrastructure. He besides pointed out that he expected action against his institution due to force from the authorities on investigations into leading Ukrainian politicians. The situation will lead to almost complete concentration of control over anti-corruption authorities and services in the hands of the President's Office.

Corruption in Government

The actions described are a consequence to the increasing independency of both anti-corruption institutions, which were not afraid to conduct proceedings against high-profile politicians. In June, NABU charged then Deputy Prime Minister and Minister of National Unity to Alexi Czernyszov (a close friend of the Zelenski family) with his engagement in a corruption scandal involving an effort to illegally get land by 1 of the developers. This was most likely 1 of the reasons for fresh changes in government. Ukraine: fresh government with Julia Swyridenko at the head). In July, SAP besides launched an investigation into the Olha Stefaniszyna affair, by 17 July, Deputy Prime Minister for European and Euroatlantic integration and Minister of Justice. Companies associated with her ex-husband were favored in auctions of property impounded in cases of economical crime.

The limitation of the independency of both institutions is preventive: according to media reports, NABU planned to present allegations to 1 of Zelenski's closest collaborators, Timur Mindycz, and respective Members of the Service of the Nation – due to irregularities in contracts for drone production. Taking control of NABU and SAP will let interference in proceedings.

Pressures on anti-corruption activists and journalists

This is not the only fresh usage of services to combat persons and institutions independent of authorities. On July 10, DBR conducted searches at the flat of the head of the Anti-Corruption Center Vitali Szabunin. The investigation was initiated in March 2024 and was based on allegations of evasion of military service and forgery of documents. Szabunin himself called the situation "the construction of corrupt authoritarianism".

They besides usage social media to attack their opponents. On 16 July, anonymous channels on the Telegram launched a discredit run against writer Innie Wedernikowa, whose husband was accused, among others, of alleged illegal arms trafficking. Accusations against both of them critical of the authorities are based on a slim basis and are undoubtedly an effort to discredit and intimidate them.

Refusal to appoint the Head of the Office for economical safety

The desire to take control of the corruption prosecution services is besides expressed by the refusal to appoint a BEB manager independent of the Bureau of the president of Detective Alexander Cywinski. The body set up in 2021 is liable for preventing economical offences. The head of that institution remained vacant since July 2023.

The Cywinski case constitutes an open violation of the BEB Act. According to its content, the head of this institution appoints the Cabinet of Ministers at the request of the Prime Minister, following a selection made by a commission composed of 3 global experts and 3 persons appointed by the Ukrainian Government. The provisions do not supply for the anticipation of rejection of a candidacy approved by the committee. However, on July 7, the government refused to nominate him, justifying this with alleged concerns about information security. Contrary to the authorities' wishes, the committee refused to re-designate the candidate for the position. Cywinski has quite a few experience in NABU, has conducted investigations in many loud corruption proceedings, including the fresh real property trade scandal in Kiev (The Clean City Action). For many years, he has been certified to have access to classified information.

The BEB case is an example of open violations of laws and global obligations by Kiev. The appointment of the manager of this institution by the end of July 2025 was 1 of the requirements of the global Monetary Fund (IMF) related to the Financial Assistance mechanics for Ukraine Extended Fund Facility (EFF). It undermines Kiev's credibility as a partner and may endanger to receive fresh financial support from the IMF in the future.

Effects

By signing the bill, the president ignored social sentiments, which would seriously undermine trust and support for him. The acquisition of control of NABU and SAP has sparked the first mass protests since the beginning of the war: residents have taken to the streets, among others, in Kiev, Lviv and Odessa. The case has besides outraged many journalists, social activists, and politicians (both opposition-related and erstwhile members of the power camp). erstwhile abroad Minister Dmytro Kuleba called July 22 a black day for Ukraine.

In the parliament, Members of the Holos and of European Solidarity have tried to collect signatures for the application to mention the bill to the Constitutional Court and have begun work on their own task to counter the effects of the law. However, this does not mean that the Ukrainian public is not divided in this substance – searches at NABU supported any of the military communities, arguing that it should not be protested against attempts to exonerate the aggressor's influence on the service.

In a pessimistic position it is even possible to destabilise the country's political position and to weaken the President's position – a desire to strengthen it by trying to even more concentrate power in his hands.

Kiev's actions besides stem from the belief that the EU and the US will not respond decisively. Donald Trump's administration is not peculiarly curious in the regulation of law in Ukraine. Concerning searches in NABU and SAP was expressed only by the G7 Group, while EU Enlargement Commissioner Marta Kos assessed the bill as limiting the independency of both institutions and called it a serious step backwards for Ukraine. However, the Kiev authorities hope that EU countries will not let themselves to be severely criticized or cut off from assistance in the face of the threat from Russia and planned peace talks between Russia and Ukraine in Istanbul.

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