Independent audit in NABU: who will check the activities of anti-corruption activists

The National Anti-Corruption Bureau of Ukraine is preparing for its first independent audit under the leadership of its new director, Semen Kryvonos. UNN offers to find out which international experts will check the work of anti-corruption officials.

It should be noted that an independent assessment of the NABU's activities will be provided by a three-member commission appointed by the Cabinet of Ministers based on proposals from international and foreign organizations.

In response to a request from UNN, the Cabinet of Ministers reportedthat the partners proposed to include Martin Arpo, Robert Westbrooks and Hermione Cronje in the commission.

Arpo Martin is an investigator who has long worked as deputy director general of the Estonian Security Police (KaPo).

Westbrooks Robert is an attorney, certified public accountant, former federal criminal investigator and fraud and corruption risk expert. He has led and supervised numerous fraud investigations and audits.

Hermione Therese Cronje-is a South African lawyerwho has worked for the National Prosecuting Authority of South Africa, including as head of the Asset Forfeiture Unit and Director of Investigations. She investigated corruption in state institutions, including the police, prosecution and intelligence agencies, as well as in state-owned enterprises, under enormous public pressure to prosecute large-scale embezzlement of the South African state budget. She is an expert in the Global Anti-Corruption Law Enforcement Operational Network (GlobE Network) and the Stolen Asset Recovery and Management (StAR) Program.

The first independent audit of the NABU's activities is conducted one year after the appointment of the bureau's director. However, it is worth noting that the current NABU Director Semen Kryvonos has been heading the bureau since March 6, 2023, which is almost a year and a half.

Kryvonos himself recently saidthat he was “very much looking forward” to the start of the audit, which should reveal both the strengths and weaknesses of the bureau.

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In their report on the results of the previous audit , foreign experts identified a number of problems in the NABU's activities. In particular, the auditors concluded that detectives need to communicate with psychologists and the ombudsman. 

The NABU audit also revealed signs of low morale among anti-corruption officers and a massive desire to leave the bureau. In particular, the detectives were “stressed” by the war and bureaucracy.

Foreign experts also pointed out that the level of public trust in the NABU remains very low. According to their information, in 2023, more than half of the respondents did not trust the anti-corruption officers - 54.4% - and those who fully or at least partially trusted the actions of the detectives were less than a third - only about 28% of respondents. The auditors pointed out that the level of trust in anti-corruption activists is affected by the lack of convictions in high-profile cases. 

In addition, international auditors have statedthat the HACC reviews cases for years, while NABU detectives can investigate them for decades. However, as practice shows, the duration of an anti-corruption investigation does not affect its quality, as “high-profile” NABU cases against high-ranking officials have repeatedly fallen apart in courts.

A good example is the case of anti-corruption activists against former Minister of Infrastructure Volodymyr Omelyan. The NABU and SAPO publicly accused him of a criminal offense, but the HACC fully acquitted him .  NABU did not officially apologize to the former minister for illegal criminal prosecution and damage to his business reputation, and prosecutors did not bear any responsibility for illegal criminal prosecution.