A bill, No. 15289, authored by People's Deputy Serhiy Vlasenko, is currently under discussion in the Ukrainian parliament. The document, which proposes amendments to the Criminal Code and the Criminal Procedure Code, has sparked intense debate within the expert community. Critics argue that the initiative aims to radically strengthen 'investigative secrecy' regarding officials and judges, which would effectively block public anti-corruption revelations.
Technical Blocking of Investigations
The essence of the bill lies in significantly restricting the capabilities of the National Anti-Corruption Bureau (NABU), the Specialized Anti-Corruption Prosecutor's Office (SAP), and investigative journalists. The document proposes introducing strict barriers to publishing information concerning the official activities of certain categories of individuals. Experts highlight several key risks associated with the adoption of this document.
Information Vacuum and Loss of Leverage
One of the main consequences will be the inability to publish high-profile operational materials before a court verdict is issued. This refers to video recordings of top officials being detained or hidden audio recordings, similar to the 'Mendykh tapes'. In current practice, such materials often serve as a tool for public pressure on corrupt officials. Bill No. 15289 deprives law enforcement of this leverage, creating an 'information vacuum' around investigations.
'Judicial Carousel' and Paralysis of Press Offices
New provisions allow for the appeal of a judge's permission to disclose data. This opens the door for lawyers to block the release of information for years by dragging out the process through endless appeals. Furthermore, the bill introduces severe liability for disclosing investigation details without court sanction. Law enforcement officers could face corrective labor for a term of 3 to 5 years. Such an approach could paralyze the work of official press offices of law enforcement agencies, which fear inadvertently violating the new norms.
Destruction of Operational Development Practices
Experts have paid particular attention to the complete ban on involving deputies and judges in confidential cooperation (NSRD). This provision completely destroys the established NABU practice of embedding agents. As a result, MPs and judges become untouchable for internal operational development by their colleagues, which significantly reduces the effectiveness of the fight against corruption within the elite.
Political Context and Prospects for Adoption
Bill No. 15289 has already acquired the status of a 'law protecting top corruption' according to anti-corruption civil organizations and relevant experts. In the context of strict monitoring by the International Monetary Fund (IMF) and the European Union, which demand that Ukraine strengthen the independence of NABU and SAP, this document appears counterproductive. Experts assess the chances of the bill passing the relevant committee and being adopted in the session hall as minimal; however, the mere fact of its registration indicates a serious demand to change the rules of the game in the anti-corruption sphere.