Law No. 12414 on NABU and SAP: why Ukrainians took to the streets and what the authorities and the world are saying (updated)

A law has come into force in Ukraine that expands the powers of the Prosecutor General and effectively destroys the independence of the main anti-corruption bodies. Find out why Ukrainians are protesting en masse, what the authorities are saying, and how the EU is responding

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On July 22, the Verkhovna Rada adopted draft law No. 12414, which, according to experts and activists, effectively destroys the independence of the National Anti-Corruption Bureau of Ukraine (NABU) and the Specialized Anti-Corruption Prosecutor's Office (SAPO). Despite numerous calls to veto the document, President Volodymyr Zelensky signed it that same evening. The president's signature appeared on the Verkhovna Rada website several times, which only intensified outrage over the transparency of the process.

The parliament's decision sparked widespread public outcry, with thousands of Ukrainians taking to the streets in Kyiv, Lviv, Kharkiv, Dnipro, and other cities to protest. Their main demand is to preserve the independence of anti-corruption agencies, which play a key role in the fight against corruption, especially in times of war.

How does Law No. 12414 affect NABU and SAPO?

The new law significantly changes the distribution of powers between anti-corruption agencies. Control over their activities is de facto transferred to the Prosecutor General. This means that NABU and SAPO may be subject to political influence.

Although the president assured in his address that the anti-corruption infrastructure would remain independent and operate without russian influence, the public and Western partners fear the opposite. International experts previously participated in overseeing NABU's activities, which ensured impartiality. This may now change.

Reaction of Ukrainians, authorities, and the world to Law No. 12414

Reaction of the authorities: “No one has been eliminated”

Head of the Security Service of Ukraine Vasyl Malyuk and Prosecutor General Ruslan Kravchenko tried to calm the public during a briefing. According to a Ukrinform correspondent, in response to a journalist's question, the head of the SBU emphasized that the SAP and NABU remain independent bodies, and the adoption of the law does not mean the elimination of anti-corruption bodies, but only the creation of new “checks and balances.” According to Kravchenko, NABU is not subordinate to the Prosecutor General's Office, and SAPO was previously a department of the latter.

However, activists and analysts emphasize that it was precisely the independence of these bodies that was their strength. The loss of autonomy is a step backward for justice reform in Ukraine.

At the same time, as stated by Ukrainian MP Yaroslav Zheleznyak, today, July 23, the Verkhovna Rada will gather votes to submit a request to the Constitutional Court to repeal the law that deprives NABU and SAP of their independence, subordinating them to the OGP. Forty-five signatures from MPs are required for the appeal.

Western reaction: EU expresses concern

European Commissioner for Enlargement Marta Kos stated that the adoption of the law is “a serious step backwards.” She stressed that the independence of anti-corruption bodies is a key requirement for Ukraine's accession to the European Union.

Responding to a question from a "European Pravda" correspondent, European Commission spokesman Guillaume Mercier assured that the suspension of financial aid was not currently being considered, but stressed that transparency, the rule of law, and an independent anti-corruption infrastructure were critical for the EU's continued support for Ukraine.

On the morning of July 23, it became known that the Organization for Economic Cooperation and Development (OECD) had sent an official letter to the Office of the President, dated July 22, stating that the attack on anti-corruption bodies would negatively affect defense investments in Ukraine and the financing of long-term reconstruction. According to "European Pravda", in the letter, Julia Fromholtz, head of the OECD's Anti-Corruption Unit, expressed “deep concern about recent developments” concerning NABU and SAPO: the adoption of draft law No. 12414.

"If this letter reaches you after the bill has been signed, we urge you to introduce further legislative changes to preserve the independence of specialized anti-corruption agencies. I strongly urge you to consider this matter with the utmost seriousness. If (the issue arising from the adoption of the law) remains unresolved , it will not only jeopardize Ukraine's prospects of acceding to the OECD Anti-Bribery Convention and its efforts to join the OECD, but also undermine its credibility among international partners, including those considering investing in Ukraine's defense sector and its long-term reconstruction," she concluded.

Protests across the country: what were Ukrainians demanding?

On July 22, protests took place in dozens of cities across Ukraine: Kyiv, Lviv, Dnipro, Kharkiv, Ivano-Frankivsk, Odesa, Rivne, Chernivtsi, and others. The main slogan was “Hands off NABU.” People demanded that the law be vetoed, that an extraordinary session of the Verkhovna Rada be held, and that the decision be reviewed.

Thousands of people gathered in Kyiv on Ivan Franko Square. Lviv residents called on MPs not to betray the EU course. In Kharkiv, Dnipro, Ternopil, and Lutsk, protesters held posters demanding adherence to the principles of the rule of law.

In response, the NABU press service thanked citizens for their support, calling it “important and tangible.” The statement said that NABU was ready to “justify this trust” and continue the fight against corruption.

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Why preserving the independence of NABU and SAPO is a matter of principle

NABU and SAPO were created in response to international pressure and demands from Ukrainian society. Their independence ensured real investigations into top-level corruption, regardless of political will. These bodies have become symbols of a new era in which corruption no longer goes unpunished.

Any attempts to centralize control over them or reduce their autonomy are perceived as a step backward. In a time of war, when Ukrainians are sacrificing their lives every day for freedom and justice, losing trust in the anti-corruption system is dangerous.

What to expect next: Zelensky's statement and a meeting between law enforcement and anti-corruption agencies

Although the law has already been signed, activists are calling for continued pressure on the authorities. They demand a transparent review of the decision, the involvement of international partners, and Ukraine's compliance with its commitments to the EU. Today, July 23, Ukrainians plan to hold another peaceful rally against the adopted law.

At the same time, experts do not rule out that the Constitutional Court may declare the law to be in violation of the Basic Law. Consultations are also continuing with international partners who may influence the future of the reform.

As reported by Volodymyr Zelensky, a meeting was held on the morning of July 23 with the Security Service of Ukraine (SBU), the National Anti-Corruption Bureau (NABU), the Special Anti-Corruption Prosecutor's Office (SAPO), the National Agency for Corruption Prevention (NAZK), the State Bureau of Investigation (DBR), the Ministry of Internal Affairs (MIA), and the Office of the Prosecutor General. According to him, next week there will be an in-depth working meeting on a plan of joint action, and in two weeks a joint plan should be ready — what steps are needed and will be implemented to strengthen Ukraine and resolve existing issues, to provide more justice and truly protect the interests of Ukrainian society.

"We all hear what society is saying. We see what people expect from state institutions to ensure justice and efficiency in every institution. We discussed the necessary administrative and legislative decisions that will strengthen the work of each institution, resolve existing conflicts, and remove threats. Everyone will work together, and we will provide support at the political level," he concluded.

Zelensky submits new bill No. 13533 on NABU and SAP

Volodymyr Zelensky announced that he had approved the text of a new bill concerning the work of the National Anti-Corruption Bureau and the Specialized Anti-Corruption Prosecutor's Office. According to the president, the document aims to truly strengthen the rule of law in Ukraine, ensure the independence of anti-corruption bodies, and protect them from any Russian influence.

“The most important thing is real tools, no russian ties, and independence for NABU and SAP. The bill will be submitted to the Verkhovna Rada of Ukraine today,” Zelensky said on July 24.

What does draft law 13533 on NABU and SAPO provide for: key changes

Presidential draft law No. 13533 repeals the restrictions previously introduced by Law 4555-IX (draft 12414), which affected the powers of SAPO and changed the jurisdiction of NABU. The explanatory note emphasizes that the current version of the Criminal Procedure Code creates risks for the independent and effective work of anti-corruption institutions.

Key changes in the bill:

● The SAPO is independent again. The head of the Specialized Anti-Corruption Prosecutor's Office gains independence in decision-making without interference from the Prosecutor General.

● Return of powers. The head of the SAPO will once again have the right to announce suspicions against high-ranking officials — members of parliament, the prime minister, members of the government, heads of the NABU, SAPO, NACP, DBR, etc.

● The Prosecutor General loses control. He will no longer have access to NABU cases or the ability to give instructions to detectives.

● Jurisdiction over cases is clearly established. NABU proceedings cannot be transferred to other investigative bodies.

● Return of control over searches. The requirement to obtain a ruling from an investigating judge to conduct an urgent search is reinstated.

Polygraph for access to state secrets

The bill also introduces mandatory polygraph tests for employees of the NABU, SAP, DBR, National Police, Office of the Prosecutor General, and BEB who have access to state secrets. The tests must be conducted at least once every two years. The first wave is to be organized by the SBU within six months after the law is passed.

However, the NABU clarified that it is their Internal Control Department, not the SBU, that will carry out these checks, as is already the practice. It is important that the testing methodology is protected from abuse and pressure.

Restrictions on travel abroad

The document also provides for a ban on travel abroad for NABU employees during martial law, with the exception of official business trips. The government and NABU must implement this within a month.

NABU and SAPO position on the new law

Anti-corruption bodies have publicly supported the presidential bill, confirming that it fully restores their procedural powers and guarantees their independence. They also stressed the need for a vote in parliament as soon as possible to avoid risks to ongoing cases.

When could the new law on NABU and SAPO be adopted?

Since Zelensky has designated the bill as urgent, it must be considered as a matter of priority. Parliament Speaker Ruslan Stefanchuk has announced that it could be considered at the next session, probably between July 29 and 31, even though parliament is officially in recess until August 19.

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Photo: ZAXID.NET

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