07 October 2014, 11:14
The draft (Reg. No. 5085) stipulates that the system of specially authorized subjects in the sphere of combating corruption will consist of prosecutor's office bodies, the National Anti-Corruption Bureau of Ukraine, and special units on the fight against organized crime at the Ministry of Internal Affairs of Ukraine.
The General Prosecutor of Ukraine will coordinate activity of specially authorized subjects in the sphere of combating corruption and monitor their adherence to legislation.
The bill suggests establishing a new state authority – the National Anti-Corruption Bureau of Ukraine (hereinafter – the National Bureau).
The National Bureau shall fight against criminal corruption offences that were committed by senior officials authorized to fulfill functions of the state and local self-government and are a threat to national defence.
The bill suggests establishing the guarantees of the National Bureau's independence.
National Bureau's main functions shall be: pre-trial investigation of criminal offences and conduct of special investigative operations.
In order for the proceedings to fall under the jurisdiction of the National Bureau, they shall include one of the following features:
– the crime should be committed by:
people's deputies of Ukraine, Prime-Minister of Ukraine, a member of the Cabinet of Ministers of Ukraine, the first deputy or deputy of a minister, Chairperson of the National Bank of Ukraine, their first deputy or deputy, a member of the National Bank of Ukraine Council, Secretary of the National Security and Defence Council of Ukraine, their first deputy or deputy;
a state official of the first or second category of positions;
a deputy of the Verkhovna Rada of the Autonomous Republic of Crimea; a deputy of Oblast council, city councils of Kyiv and Sevastopol, an official of local self-government of first or second categories of positions;
a Constitutional Court judge, a judge of a court of general jurisdiction, a people's assessor or juror, a Chairperson, members, disciplinary inspectors of the High Qualification Commission of Judges of Ukraine, a Chairperson, deputy chairperson, secretary of the High Council of Justice, other members of the High Council of Justice;
Prosecutor General of Ukraine, their deputy, assistant of the Prosecutor General, a prosecutor of the Prosecutor General's Office of Ukraine, an investigator of the Prosecutor General's Office of Ukraine, chair of a structural subdivision of the Prosecutor General's Office of Ukraine, prosecutor of the Autonomous Republic of Crimea, prosecutor of Kyiv and Sevastopol, prosecutor of Oblast and their deputy, chair of a structural subdivision of the Prosecutor's Office of the Autonomous Republic of Crimea, Kyiv, Sevastopol, and Oblast;
an official of supreme command staff of internal affairs bodies, State Penitentiary Service, civil protection bodies and units, customs service official, state tax service official;
high-ranking military men of the Armed Forces of Ukraine, Security Service of Ukraine, State Border Guard Service of Ukraine, State Special Transport Service, internal troops of the Ministry of Internal Affairs of Ukraine and other military units established in line with Ukrainian legislation;
a chair of a large business entity with a share of state or communal property in its statutory capital that is over 50%;
– the amount of the target of crime or the damage equals or exceeds the sum which exceeds minimum wages by 500 times or more;
– crime, stipulated by article 369, chapter one of article 3692 of the Criminal Code of Ukraine, committed against an official stipulated in chapter four of article 18 of the Criminal Code of Ukraine, or against abovementioned officials of state bodies of Ukraine, bodies of local self-government, etc.
It is also suggested to conduct psychophysical examination using a polygraph before accepting personnel of the National Bureau.
Under the bill, the National Bureau shall twice a year publicize a detailed report about its activity and submit a report to the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine and the President of Ukraine.