Ensuring the independence and effectiveness of the activities of the National Anti-Corruption Bureau of Ukraine and other investigative bodies

Abstract

The article analyzes the conflicts that arise in the process of permanent reforms of the activities of investigative and anti-corruption bodies, the problems of independence and procedural independence of investigators.

In the current conditions of legal democracy, there is a need to develop and adopt a new doctrinally balanced "Criminal Procedure Code of Ukraine", as well as unified legislative acts on NABU, the SBI and the ESBU, to adopt a doctrinally balanced integrative legislative act – the Code of Evidence.

The SAP, restoring its exclusive competence to supervise the legality of the activities of NABU investigators, should also receive competence to supervise the legality of the activities of the SBI investigators, but only in cases involving crimes committed by prosecutors.

NABU detectives should focus on combating political corruption, and for this, at least NABU should be removed from the subordination of the Cabinet of Ministers of Ukraine and gain maximum possible independence from the legislative branch.

On the basis of the investigators of the National Police, it is proposed to create the State Investigation Agency (SAR), strengthening the independence of this body from local self-government bodies, where the work with the problems of tenders and "kickbacks" has not begun.

It is necessary to abolish the procedural institute of the prosecutor giving binding instructions to the investigator, leaving the competence of the prosecutor to cancel the illegal decisions of the investigator sufficient to ensure legality.

The Constitution of Ukraine stipulates that the Prosecutor's Office performs the function of supervision in the state over ensuring the rule of law in the state and society. The procedure for appointing the Prosecutor General to the post should minimize the possibilities of influence on him by other branches of government and their officials, as well as by political parties and their coalitions. The Verkhovna Rada of Ukraine should not have the right to dismiss the Prosecutor General on the grounds of "no confidence". The forced dismissal of the Prosecutor General and the heads of investigative bodies should be permissible only by impeachment.

It is necessary to enshrine in the Constitution of Ukraine and the implementation in sectorial legislation, along with the principle of the rule of law, such principles of the activities of the prosecutor's office, investigators and other law enforcement agencies as humanity, the presumption of human integrity, procedural independence and independence of the investigator, prosecutor, expert. To supplement the CPC of Ukraine with Art. 351-3 "Obstruction of the investigator's activities".

The problem of developing a doctrinal model of the system of principles of the rule of law, the constitutional principle of independence of investigative bodies and disclosure of the problems of independence and effective activity of the judiciary remains relevant.