Ukrainian President Volodymyr Zelenskyy announced on Thursday that he has sent a bill to the country’s parliament, Verkhovna Rada, aimed at restoring the independence of anti-corruption agencies. The move comes amid nationwide protests and criticism from the European Union (EU) over a bill approved days earlier that removed the independence of these agencies.
In his announcement, President Zelenskyy claimed that this bill will guarantee full autonomy to anti-corruption bodies, establish tools to prevent Russian interference, and adopt measures to prevent abuses. The president also stated that EU experts have been consulted to “engage all necessary expert capabilities.” According to the Chairman of the Verkhovna Rada, Ruslan Stefanchuk, officials have scheduled the bill’s consideration date for the end of July, along with other legislative initiatives.
Earlier this week, a separate new law, 4555-IX, was adopted, weakening the independence of Ukraine’s two main anti-corruption bodies, the National Anti-Corruption Bureau of Ukraine (NABU) and the Specialized Anti-Corruption Prosecutor’s Office (SAPO). These anti-corruption bodies were created in 2015 after the Euromaidan protests, and their establishment was a condition for financial support to Ukraine by the International Monetary Fund.
Because of the swift adoption of 4555-IX and its contentious provisions, it earned widespread criticism from Ukrainians. On the day the law was adopted, protests took place in Kyiv, Dnipro, Lviv and Odesa, eventually spreading to nearly every city in the country. Protestors fear the law will significantly weaken the authority and effectiveness of the NABU and SAPO, undermining their independence in fighting corruption. The protestors demanded the abolition of the law and stated that they would continue demonstrating until they were heard by the government.
The new law also strengthens the role of the Prosecutor General, granting it the authority to delegate the powers of the SAPO prosecutor to other prosecutors, request materials from any of the NABU and SAPO cases, delegate them to other prosecutors, delegate the NABU’s criminal proceedings to other pre-trial investigation bodies, and provide NABU with written instructions that are binding. Given the NABU and SAPO’s previous level of independence, the provisions in 4555-IX could reduce their procedural and operational autonomy. After parliament adopted the law in late July, President Zelenskyy signed it that same day, which turned the bill into law the very next day.
The EU also voiced strong criticism of 4555-IX. President of the European Commission Ursula von der Leyen contacted President Zelenskyy to convey her worries about the consequences of the legislative changes and requested the Ukrainian government for an explanation. A spokesperson for the commission emphasized that the EU values the rule of law and anti-corruption efforts: “The respect for the rule of law and the fight against corruption are core elements of the European Union. As a candidate country, Ukraine is expected to uphold these standards fully. There cannot be a compromise.”
Human Rights Watch (HRW) additionally condemned the law, similarly warning that it threatens the rule of law, Ukraine’s democratic foundations, and its EU accession prospects. HRW also expressed concern that Ukrainian officials were targeting Vitaliy Shabunin, a well-known anti-corruption activist.
