As of today, there is a complete lack of a control system over the work of NABU and SAP. The consequence of this is a mass of dubious decisions in cases they handle, and the dismissal of prosecutors who refuse to commit violations at the request of the anti-corruption prosecutor's office leadership. This was stated by former Specialized Anti-Corruption Prosecutor Stanislav Bronyvytskyi, as reported by UNN.
If we talk about the internal processes in SAP and NABU, we will see that there is absolutely (from the word "completely") no control system over the work of these bodies. As a result of the last reform, which was voted on at the end of 2023, SAP has completely separated itself from the Office of the Prosecutor General. As a consequence, we have, one way or another, some dubious decisions, concluded agreements
The ex-prosecutor reminded that according to the Law of Ukraine on the Prosecutor's Office, an audit of the Specialized Anti-Corruption Prosecutor's Office is stipulated, which should be conducted once every two years. From 2015 to the present day, no audit has taken place, he noted.
According to him, as a result, there are numerous violations in NABU and SAP. For example, when prosecutors do not want to sign unsubstantiated suspicions for which there is no evidence, they are simply dismissed. Or they are dismissed when a prosecutor handles a case not in the way his superiors see it.
"There is no independence of prosecutors in SAP. In general, the heads of SAP and NABU do not want to be controlled – for example, by the Prosecutor General," Bronyvytskyi stated.
In this context, he mentioned manipulative and black-and-white slogans about the alleged loss of independence of NABU and SAP. In the world, according to his data, there are no systems in which the anti-corruption vertical would exist uncontrollably – completely independent of other public administration bodies.
In this regard, the former SAP prosecutor referred to the experience of Singapore, where the system of anti-corruption bodies is integrated into the executive branch and is a vertical of the Prime Minister. In Hong Kong, special commissions are created by the government, which include the public, experts, lawyers, attorneys, etc. They monitor the activities of this bureau. In France, anti-corruption bodies are embedded in the system of justice and finance bodies.
"Nowhere is there such an anti-corruption ecosystem that would be completely detached from other state structures. The system of checks and balances must be preserved. What is happening now is a complete detachment of SAP from the prosecutor's office bodies," he said.
Earlier, well-known lawyer, attorney Rostyslav Kravets stated that European courts do not trust the Ukrainian anti-corruption vertical. They note the absence of fundamental guarantees of procedural fairness and human rights protection within it.