Comparative analysis of the powers of the SSU, SBI, and NABU in pre-trial investigations

Abstract

Institutional coherence in law enforcement agencies' actions, high-quality cooperation, and coordinated efforts are the basis for their effective counteraction to corruption and economic crimes. The purpose of the work is a detailed analysis of doctrinal developments and regulatory regulation of the division of powers and distribution of responsibility between the SBU, the State Bureau of Investigation and the National Anti-Corruption Bureau during the functioning of these bodies in the following areas: pre-trial investigation of economic and financial criminal offenses; protection of national interests; implementation of investigative actions against senior civil servants as subjects of crimes. During the study, the following general scientific methods were used: comparative legal, logical-legal, analytical, hermeneutic, and system-structural analysis, which allowed characterization of the functions, powers, and place in the system of law enforcement agencies of the country of the SBU, the State Bureau of Investigation, and the National Anti-Corruption Bureau. Results. The provisions of the Laws of Ukraine «On the Security Service of Ukraine», «On the State Bureau of Investigation», «On the National Anti-Corruption Bureau of Ukraine», as well as departmental instructions on the activities of the above-mentioned law enforcement agencies, were analyzed. The doctrinal views of scholars on the normative regulation of the legal status of the SBU, the State Bureau of Investigation and the NABU were systematized, in particular, it was established that the SBU is assigned broad powers regarding operational and investigative activities; the State Bureau – strategic activities to prevent and detect organized and high-ranking crime; the NABU – conducting investigations within the framework of the functioning of the country's independent anti-corruption infrastructure. Based on an analysis of the current provisions of the Criminal Procedure Code of Ukraine, it was established that during the direct implementation of investigative (detective) actions, the scope of competence of law enforcement agencies is the same, and differences in their powers are regulated solely by departmental instructions. The conclusions provide proposals for improving the current regulatory framework to overcome the existing inconsistency in the distribution of investigative jurisdiction and powers of law enforcement agencies by enshrining specific investigative jurisdiction and relevant powers for each law enforcement agency in the Code of Criminal Procedure and special departmental acts; developing procedures for interaction between law enforcement agencies and other subjects of authority; organizing special training events for employees of pre-trial investigation agencies.