Law of Ukraine
"On the National Anti-Corruption Bureau of Ukraine"
Date of entry into force:
February 25, 2015
The Law determines the legal foundations of the organization and functioning of the National Anti-Corruption Bureau of Ukraine.
According to Article 1 of the Law, the National Anti-Corruption Bureau of Ukraine (hereinafter referred to as "National Bureau") is a state law enforcement body charged with prevention, discovery, termination, investigation and solving corruption-related offences within its investigative jurisdiction, and preventing new offences. The task of the National Bureau is counteracting criminal corruption-related offences that are committed by high-ranking officials authorized to exercise functions of the state or local self-government and that constitute a threat to the national security. The National Bureau is created by the President of Ukraine.
The main principles of activity of the National Bureau are determined by Article 3 of the Law.
According to Article 4 of the Law, independence of the National Bureau in its activity is guaranteed by:
- the special procedure for competitive selection of the Director of the National Bureau and an exhaustive list of grounds for termination of authority of the Director of the National Bureau, as determined by the Law;
- competitive selection principles for other employees of the National Bureau, their special legal and social protection, and appropriate labor remuneration conditions;
- procedure established by law for financing and material and technical support of the National Bureau;
- measures determined by law to ensure personal safety of the National Bureau employees, their immediate family and property;
- other measures determined by the Law.
The National Bureau consists of the central and territorial administrations that are legal entities under public law. The maximum number of staff in the central and territorial administrations of the National bureau is 700 persons, including no more than 200 persons of senior staff (Article 5 of the Law).
According to Article 6, the work of the National Bureau is managed by its Director, appointed to their post by approval of the Verkhovna Rada of Ukraine and dismissed from their post by the President of Ukraine, according to the procedure established by the Law. The Verkhovna Rada of Ukraine, by suggestion of at least one third of the people's deputies of Ukraine from the constitutional membership of the Verkhovna Rada of Ukraine, can pass a vote of no confidence to the Director of the National Bureau, which must result in their dismissal from the post.
The Director of the National Bureau can be a citizen of Ukraine who possesses higher legal education, work experience of at least 10 years in their professional field, work experience of at least 5 years in managerial positions in government authorities, institutions, organizations, or international organizations, a grasp of the official language, and is able to carry out appropriate official duties based on their professional and moral qualities, educational and professional level, and state of health.
The procedure for competitive selection and appointment of the Director of the National Bureau is established by Article 7 of the Law.
Article 8 of the Law determines the authority of the Director of the National Bureau.
Employees of the National Bureau include members of senior staff, state officials, and other employees working in the National Bureau under labor agreements. Members of senior staff are employees of quick response units, units for protection of members of criminal proceedings and for ensuring employee safety according to the Law, and operative units of the National Bureau. The time of service in the National Bureau is included in the pensionable service, length of professional service, and length of government service, according to law. Citizens of Ukraine who, based on their personal, professional moral qualities, age, educational and professional level, and state of health, are capable of fulfilling appropriate official duties, are accepted for service in the National bureau on competitive, voluntary and contract basis. Qualification requirements for professional suitability are determined by the Director of the National Bureau. Appointment to positions in the National Bureau is carried out exclusively based on the results of an open competition conducted according to the procedure determined by the National Bureau. Members of senior staff of the National Bureau are subject to the provision on service of regular and senior staff of internal affairs bodies, and to the Disciplinary Regulation of the internal affairs bodies of Ukraine. Labor relations of employees of the National Bureau are regulated by the legislation on labor and state service, and concluded labor agreements (contracts). Specialists of the National Bureau without special ranks are subject to the Law of Ukraine "On Civil Service". Positions of specialists of the National Bureau are included in appropriate categories of positions of employees on the staff of ministries, other central executive authorities and their territorial bodies, according to the procedure established by the legislation. Employees of the National Bureau undergo mandatory advanced training regularly, but at least once per two years.
Article 11 of the Law determines special ranks of members of senior staff of the National Bureau.
According to Article 13 of the Law, a person cannot be appointed to a position in the National Bureau, if they:
- have been declared legally incompetent, or have diminished legal capacity, according to a court ruling;
- have a criminal conviction that has not been expunged or removed from official records according to the procedure established by law (except for a rehabilitated person), or have been subject to administrative disciplinary action for a corruption-related offence during the previous year, or have been brought to liability for a deliberate crime by a court;
- according to a court verdict that has taken effect, have been deprived of the right to carry out activities related to exercising functions of the state, or the right to hold certain posts;
- hold a citizenship of another state;
- if appointed, will be directly subordinated to a person who is a close person according to the Law of Ukraine "On Corruption Prevention";
- have not passed the special inspection;
- have not passed the inspection and are subject to a prohibition under the Law of Ukraine "On Lustration;
- have not submitted a declaration on property, incomes, expenses, and financial liabilities.
Employees of the National Bureau have no right to:
- be members of or take part in creation or activity of political parties; organize or participate in strikes;
- be trustees of third parties in the affairs of the National Bureau;
- use the National Bureau, its employees and property in the interests of parties or groups, or in personal interests.
Employees of the National Bureau are subject to other restrictions and requirements established by the Law of Ukraine "On Corruption Prevention". When being appointed to a position in the National Bureau, a person is informed that they may be subject to an inspection of trustworthiness and monitoring of their way of life.
The obligations and rights of the National Bureau are determined by Articles 16 and 17 of the Law.
While performing their obligations, employees of the National Bureau are representatives of the government, act in the name of the state, and remain under its protection. No one has the right to interfere with their lawful activities, with the exception of authorized officials of government bodies, in cases provided for by laws. In the interests of ensuring personal safety of employees of the National Bureau and their family members, information about their place of residence cannot be divulged through mass media. Information about the service carried out by employees of the National Bureau is provided with the consent of the Director of the National Bureau or their deputy. If an employee of the National Bureau is detained, or subjected to preventive measures in the form of custodial restraint, they shall be held separately from other persons. Persons who voluntarily, including under an agreement, assist the National Bureau in the execution of its authority, are under protection of the state. Unlawful divulgement of information about such persons, and other offences regarding such persons and their families, committed in relation to their association with the National Bureau shall result in liability provided for under the law. An employee of the National Bureau who, according to the Law, reported unlawful acts or inaction of another employee of the National Bureau cannot be dismissed, or be forced to resign, brought to liability, or otherwise persecuted for such reporting, except for being brought to liability for knowingly false accusation of crime. Officials of the National Bureau are forbidden from divulging information about employees of the National Bureau who reported the offence (Article 21 of the Law).
Article 22 of the Law regulates social protection of employees of the National Bureau.
Internal control units monitor the way of life of employees of the National Bureau in order to establish the correspondence of the employee's standard of living to the property and incomes of such employee and their family members according to the declaration of property, income, expenses, and financial liabilities submitted by them according to law. Established non-correspondence of the standard of living of an employee of the National Bureau to the income and property of such employee and their family members shall constitute basis to bring such employee to disciplinary liability (Article 29 of the Law).
According to Article 31 of the Law, in order to ensure transparency and civil control over the activity of the National Bureau, a Civil Control Board is created with the National Bureau, consisting of 15 persons and formed on the principles of open and transparent competition.
The Law supplements Article 216 of the Criminal Procedural Code of Ukraine with a new part, according to which investigators of the National Anti-Corruption Bureau of Ukraine conduct pre-trial investigation of crimes under the following Articles of the Criminal Code of Ukraine: Article 191 "Embezzlement, misapplication or misappropriation of property through abuse of office", Article 206-2 "Unlawful appropriation of company, institution or organization property", Article 209 "Legalization (laundering) of criminal incomes", Article 210 "Unauthorized use of budget funds, budget expense incurrence, or providing loans from the budget without established budget allocations, or in their excess", Article 211 "Issue of normative legal acts that decrease budget revenues or increase budget expenses against the law", Article 354 "Bribery of a company, institution, or organization employee" (in respect of employees of legal entities under public law), Article 364 "Abuse of power or office", Article 368 "Accepting offers, promises, or unlawful benefits by an official", Article 368-2 "Unlawful enrichment", Article 369 "Offer, promise, or providing unlawful benefits to an official", Article 369 "Abuse of influence", Article 410 "Theft, appropriation, extortion of weapons, ammunition, explosives or other combat substances, vehicles, military and specialized equipment or other military property by a military servicemen, appropriation of the above through fraud or abuse of office", in the presence of at least one of the following conditions:
1) the crime was committed by:
- a people's deputy of Ukraine, the Prime Minister of Ukraine, a member of the Cabinet of Ministers of Ukraine, the first deputy or deputy minister, the Head of the National Bank of Ukraine, their first deputy or deputy, member of the Board of the National Bank of Ukraine, the Secretary of the Council of National Security and Defense of Ukraine, their first deputy or deputy;
- a state official whose position is included in the first or second position category, or by a person whose position is equivalent to the first or second category of civil service positions;
- a deputy of the Verkhovna Rada of the Autonomous Republic of Crimea, a deputy of a regional council, the city council of the cities of Kyiv or Sevastopol, or an official of local self-government whose position is included in the first or second position category;
- a judge of the Constitutional Court of Ukraine, a judge of a court of general jurisdiction, a people's assessor or jury member (during their exercise of these functions), the Head, members or disciplinary inspectors of the Supreme Qualification Commission of Judges of Ukraine, the Head, Deputy Head, or sectary of the Supreme Council of Justice, or another member of the Supreme Council of Justice;
- the Prosecutor General of Ukraine, their deputy, assistant to the Prosecutor General of Ukraine, a prosecutor of the Prosecutor General's Office of Ukraine, an investigator of the Prosecutor General's Office of Ukraine, a head of a organizational unit of the Prosecutor General's Office of Ukraine, the prosecutor of the Autonomous Republic of Crimea, the cities of Kyiv or Sevastopol, the region, or their deputy, the head of an organizational unit of the prosecutor's office of the Autonomous Republic of Crimea, the cities of Kyiv or Sevastopol, or the region;
- a member of the supreme senior staff of internal affairs bodies, the state criminal execution service, civil defense bodies and units, an official of the customs service who holds a special rank of the state customs advisor grade III or above, or an official of the state tax service bodies who holds a special rank of the state tax and customs advisor grade III or above;
- a military serviceman of the senior officer corps of the Armed Forces of Ukraine, the Security Service of Ukraine, the State Border Guard Service of Ukraine, the State Special Transport Service, the National Guard of Ukraine, and other military formations created according to laws of Ukraine;
- the head of a large business entity where the state or municipal owner share in the statutory capital exceeds 50%;
2) the target of crime or the damage caused by the crime is equal to or exceeds the amount that is 500 or more times the minimum wage established for the appropriate year (if the crime was committed by an official of a state authority, law enforcement body, military formation, body of local self-government, or business entity where the where the state or municipal owner share in the statutory capital exceeds 50%);
3) a crime under Article 369, Article 369-2, part 1 of the Criminal Code of Ukraine has been committed regarding an official determined in Article 18, part 4 of the Criminal Code of Ukraine, or in paragraph 1 above.
The Law also introduces appropriate amendments to the Criminal Code of Ukraine, the Budget Code of Ukraine, Laws of Ukraine "On the Prosecutor's Office", "On Operational Investigation Activity", "On Preliminary Detention", "On Civil Service", "On Ensuring the Safety of Persons Taking Part in Criminal Proceedings", "On State Protection of Court and Law Enforcement Employees", "On the Procedure for Compensation of Damages Caused to Citizens by Unlawful Acts of Bodies Conducting Operational Investigation, Bodies of Pretrial Inquiry, Prosecutor's Office, and Court", "On Banks and Banking", "On Grounds of Corruption Prevention and Counteraction", "On Amendments to Certain Legislative Acts of Ukraine to Improve Operations of the Prosecutor's Office".