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The Bill (Reg. No5031) suggests defining of the legal basis of organization and activity of National Bureau of Anti-Corruption Investigations of Ukraine (NBAI) as a central body of an executive power with special status and law enforcement functions.

In the course of the Committee sitting it was emphasised that NABI "is supposed to be of narrow specialization and is aimed at discovery of evidence and investigation of corruption cases among high-ranking authorities." Main functions of the newly formed body are to be preliminary inquiry and pre-trial investigation of criminal cases within its competence and operative-detective measures.

 

The document envisaged the amendments to the Criminal procedural Code of Ukraine, pursuant to which under the jurisdiction of NBAI fall the following cases: cases of the following corruption and other crimes - misappropriation, embezzlement or conversion of property by abuse of official post; legalising (laundering) proceeds from crime; abuse of authority or office; excess of authority or official powers; taking a bribe; illicit enrichment; proposing or giving a bribe; trading in influence; interference with activity of judicial authorities

 

Though, it is envisaged that in order to fall under the jurisdiction of the NBAI cases of the above mentioned crimes must have at least one of the following characteristics:  a crime was committed by an official of high level (relevant officials are listed in the amendments to the Criminal Procedure Code see Final Provisions of the Draft Law), or value of the object of the crime (e.g. bribe) or damage inflicted by the crime exceeds established margin (about UAH 480,000 or EUR 48,000), or  proposing or giving of a bribe was committed concerning an official of a foreign state or an international organisation (bribery of a foreign public official). Investigation of all other corruption cases that do not comply with the above criteria will be carried out by existing law enforcement agencies according to the current procedure.

 

NBAI will not deal with cases of administrative offences. Investigation of corruption cases concerning employees of the NBAI will be carried out by investigators of the bodies of the interior. NBAI will be composed of the Central Office and 11 regional offices, as well as a training facility for in-service training of the NBAI staff. Besides, the Cabinet of Ministers of Ukraine can establish additional local offices (e.g. in large cities).

 

 

 

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