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We are returning to times when power was concentrated in hands of prosecutor - human rights activist

Sofia Polonska
28 July, 2025 Monday
18:09

According to the draft law on NABU and SAPO submitted by the president of Ukraine, the Prosecutor General will retain a wide range of powers

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This opinion was expressed by the Director of Advocacy of the Human Rights Center, Aliona Luniova, on the air of Espreso.

"Most of all, everyone was worried and the protests, in fact, were around the anti-corruption bodies, so that everything would be returned to the way it was before July 22. Namely, so that the Specialized Anti-Corruption Prosecutor's Office and NABU would be procedurally independent of the Prosecutor General of Ukraine. Instead, issues related to prosecutorial supervision in general were not in the field of attention of protests, protesters, and international partners. But the Prosecutor General, even according to the draft law submitted by the president, will retain a fairly wide range of powers that relate specifically to prosecutorial supervision. Because in fact, now prosecutors in proceedings dealing with general crime are more independent than after the adoption of the law on July 22, when in fact even various procedural instructions, the request for proceedings, and so on, will now be under the Prosecutor General," she said.

Alena Luniova emphasized that in this way the Prosecutor General is being strengthened.

"And even in one of the publications they compared the power of the Prosecutor General now with what was during the prosecutorial office of the very famous Pshonka. That is, when a lot of power was concentrated in the hands of the prosecutor. Unfortunately, we are returning to those times. In addition, these changes directly contradict the practice and decision of the Constitutional Court of Ukraine, which, in fact, prohibited the dismissal of prosecutors in connection with the reorganization of certain units. Here it should be explained that such so-called personnel purges in the ranks of the prosecutor's office often occur due to the liquidation of certain structural units and then the dismissal of people. Now they can simply be dismissed. And the law, in fact, gave those powers. And, unfortunately, the presidential bill does not abolish those powers," she noted.

Ukraine’s anti-corruption laws

On July 22, President Volodymyr Zelenskyy signed a bill passed by the Verkhovna Rada that includes provisions limiting the powers of the National Anti-Corruption Bureau of Ukraine (NABU) and the Specialized Anti-Corruption Prosecutor's Office (SAP), placing their activities under the authority of the Prosecutor General. The bill’s status card was updated three times: initially marked as signed by the president, then the note disappeared, and later the signature of Zelenskyy reappeared.

After the vote in the Verkhovna Rada, thousands of Ukrainians in major cities held peaceful protests, demanding that the president veto the law that significantly limits the powers of the anti-corruption agencies.

The European Union has expressed serious concern over Ukraine’s adoption of Law No. 12414, which limits the independence of the National Anti-Corruption Bureau and the Specialized Anti-Corruption Prosecutor’s Office. According to European Commission spokesperson Guillaume Mercier, these institutions are vital for anti-corruption reforms and must operate independently to maintain public trust and support Ukraine’s EU integration.

European Commission President Ursula von der Leyen personally addressed President Zelenskyy, demanding an explanation and stressing that compromising the rule of law is unacceptable—especially given Ukraine’s EU candidate status.

EU Commissioner for Enlargement Marta Kos stated that weakening NABU’s independence is a “serious step backward” and could undermine Ukraine’s EU membership prospects.

Representatives of France and Germany also voiced concern, urging Kyiv to revise the law and preserve institutional safeguards for these bodies’ independence.

Overall, Brussels believes the law threatens Ukraine’s institutional resilience, democratic direction, and Western support—especially in light of the ongoing war and its EU aspirations.

On July 23, Volodymyr Zelenskyy announced the preparation of a presidential bill concerning the functioning of the law enforcement system.

“I will submit to the Verkhovna Rada of Ukraine a bill that will serve as a response and strengthen the law enforcement system. There will be no Russian influence or interference in the work of law enforcement agencies, and—very importantly—all provisions ensuring the independence of anti-corruption institutions will be included. I also expect proposals from our group of heads of law enforcement and anti-corruption bodies, and from the Prosecutor General of Ukraine, regarding the necessary legal provisions,” Zelenskyy stated.

“This will be a presidential bill, and we will implement it as part of our national transformation strategy,” he added.

However, on the morning of July 24, it became known that members of parliament had drafted and submitted their own bill to the Verkhovna Rada aimed at restoring the independence of the National Anti-Corruption Bureau and the Specialized Anti-Corruption Prosecutor’s Office.

The Verkhovna Rada will consider the presidential bill on strengthening the powers of the National Anti-Corruption Bureau and the Specialized Anti-Corruption Prosecutor’s Office on July 31.

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