National Anti-Corruption Bureau of Ukraine
{{Short description|Ukrainian watchdog agency}}
{{Multiple issues|
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{{POV|date=January 2024}}
{{Expand Ukrainian|topic=gov|date=September 2019}}
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{{Infobox government agency
| agency_name = National Anti-Corruption Bureau (Національне Антикорупційне Бюрo)
| logo = NABU.svg
| logo_width = 250px
| logo_caption =
| formed = 14 October 2014{{cite web
| url = https://nabu.gov.ua/en/history-nabu
| title = Official website of the agency. Contact Us.
| date = 2017
| access-date = 2017-03-10
| archive-date = 2021-01-16
| archive-url = https://web.archive.org/web/20210116044440/https://nabu.gov.ua/en/history-nabu
| url-status = live
}}
| dissolved =
| superseding = National Anti-Corruption Committee
| jurisdiction = Government of Ukraine
| headquarters = 3, Surykov St., Kyiv{{cite web
| url = https://nabu.gov.ua/en/contact-us
| title = Official website of the agency. About NABU. History.
| date = 2017
| access-date = 2017-03-10
| archive-date = 2020-11-03
| archive-url = https://web.archive.org/web/20201103203326/https://nabu.gov.ua/en/contact-us
| url-status = live
}}
| employees = Approximately 700[http://www.kyivpost.com/content/ukraine/nations-first-anti-corruption-bureau-chief-starts-his-work-388602.html Nation's first Anti-Corruption Bureau chief starts his work] {{Webarchive|url=https://web.archive.org/web/20151127111531/http://www.kyivpost.com/content/ukraine/nations-first-anti-corruption-bureau-chief-starts-his-work-388602.html |date=2015-11-27 }}, Kyiv Post (15 May 2015){{cite web|url=https://www.kyivpost.com/opinion/editorial/decent-salaries-386394.html|date=17 April 2015|author=Editorial|title=Decent salaries|archive-url=https://web.archive.org/web/20160304081128/https://www.kyivpost.com/opinion/editorial/decent-salaries-386394.html |archive-date=2016-03-04 }}
| chief1_name = Semen Kryvonos{{cite news|url=https://www.reuters.com/article/ukraine-crise-corruption-nomination-idFRKBN2V80UV|title=L'Ukraine nomme un nouveau responsable de la lutte contre la corruption|work=Reuters|language=FR|date=2023-03-06|access-date=2023-03-06|archive-date=2023-03-06|archive-url=https://web.archive.org/web/20230306172359/https://www.reuters.com/article/ukraine-crise-corruption-nomination-idFRKBN2V80UV|url-status=live}}
| chief1_position = Chairman
| parent_agency = Verkhovna Rada {{small|(parliament)}}
Civil Oversight Council of the National Anti-corruption Bureau of Ukraine {{small|(public control)}}
| website = {{URL|https://nabu.gov.ua/en|nabu.gov.ua}}
| footnotes =
}}
{{Politics of Ukraine}}
File:National Anti-Corruption Bureau of Ukraine 06.jpg]]
The National Anti-Corruption Bureau of Ukraine ({{langx|uk|Національне Антикорупційне Бюро України, {{abbr.}} НАБУ|Natsionalne Antykoruptsiine Biuro Ukrainy, {{abbr.}} NABU}}) is a Ukrainian law enforcement anti-corruption agency which investigates corruption in Ukraine and prepares cases for prosecution. It has investigatory powers but cannot indict suspects. Only agency findings passed to the Specialized Anti-Corruption Prosecutor's Office become a part of criminal cases.
The agency was established in 2014 after its predecessor, the National Anti-Corruption Committee ({{langx|uk|Національний антикорупційний комітет}}) was considered a failure.{{Citation needed|date=October 2020}} The bureau was created on the request of the International Monetary Fund.
The agency is set to employ 700 people. Its first 70 detectives started work on 1 October 2015.[http://www.kyivpost.com/content/ukraine/reform-watch-oct-1-2015-399175.html Reform Watch - Oct. 1, 2015] {{Webarchive|url=https://web.archive.org/web/20151127075403/http://www.kyivpost.com/content/ukraine/reform-watch-oct-1-2015-399175.html |date=2015-11-27 }}, Kyiv Post (Oct. 2, 2015)
The agency's government funding is mandated under American and European Union aid programs. It has an evidence-sharing agreement with the FBI.[http://mobile.nytimes.com/2016/08/15/us/politics/paul-manafort-ukraine-donald-trump.html Secret Ledger in Ukraine Lists Cash for Donald Trump’s Campaign Chief] {{Webarchive|url=https://web.archive.org/web/20180616163636/http://mobile.nytimes.com/2016/08/15/us/politics/paul-manafort-ukraine-donald-trump.html |date=2018-06-16 }}, The New York Times (15 August 2016)
The agency's values are: integrity, courage, determination and commitment.[https://nabu.gov.ua/en/about-the-bureau/zasadi-roboti/zmist-ta-pryncypy-diyalnosti/] These values are reflected in NABU's own appointments policy.{{Cite web|url=https://idf.solutions/national-anti-corruption-bureau-nabu/|title=National Anti-Corruption Bureau (NABU) • 2020 • IDF|work=IDF |access-date=2020-09-09|archive-date=2020-06-18|archive-url=https://web.archive.org/web/20200618021159/https://idf.solutions/national-anti-corruption-bureau-nabu/|url-status=live}}
The Ukrainian government also employs the National Agency on Corruption Prevention which works to prevent corruption by monitoring government officials' lifestyles.[http://www.kyivpost.com/content/politics/parliament-adopted-yatsenyuks-ambitious-reform-program-for-2015-374823.html Parliament adopts Yatsenyuk’s ambitious reform program for 2015] {{Webarchive|url=https://web.archive.org/web/20150627215220/http://www.kyivpost.com/content/politics/parliament-adopted-yatsenyuks-ambitious-reform-program-for-2015-374823.html |date=2015-06-27 }}, Kyiv Post (Dec. 11, 2014)
History
= National Anti-Corruption Committee =
The position of Commissioner for anti-corruption policy was established by the second Tymoshenko Government on April 24, 2009.{{in lang|uk}} [http://zakon1.rada.gov.ua/laws/show/410-2009-%D0%BF Cabinet of Ministers of Ukraine decree] {{Webarchive|url=https://web.archive.org/web/20160304201856/http://zakon1.rada.gov.ua/laws/show/410-2009-%D0%BF |date=2016-03-04 }}, Cabinet of Ministers of Ukraine (24 April 2009) Its first meeting took place on 22 April 2010; at the time, most of its members were government officials.[http://www.kyivpost.com/content/politics/yanukovych-confirms-membership-of-anti-corruption--62832.html Yanukovych confirms membership of anti-corruption committee] {{Webarchive|url=https://web.archive.org/web/20140505213951/http://www.kyivpost.com/content/politics/yanukovych-confirms-membership-of-anti-corruption--62832.html |date=2014-05-05 }}, Kyiv Post (30 March 2010) In September 2011, then President of Ukraine Viktor Yanukovych became head of the National Anti-Corruption Committee, while the Justice Minister served as the secretary of the committee.[http://www.kyivpost.com/news/nation/detail/112862/ Yanukovych vows to put an end to corruption] {{Webarchive|url=https://web.archive.org/web/20120527010220/http://www.kyivpost.com/news/nation/detail/112862/ |date=2012-05-27 }}, Kyiv Post (September 15, 2011)[http://www.kyivpost.com/news/politics/detail/112046/ Yanukovych approves instruction on National Anti-Corruption Committee] {{Webarchive|url=https://web.archive.org/web/20120527010330/http://www.kyivpost.com/news/politics/detail/112046/ |date=2012-05-27 }}, Kyiv Post (September 1, 2011) At that time, the committee was tasked to give systematic analysis and to develop measures to combat corruption.
= Commissioner for anti-corruption policy =
On 6 March 2014, Tetiana Chornovol became the Commissioner for anti-corruption policy.{{in lang|uk}} [http://espreso.tv/news/2014/03/06/chornovol_pryznachyly_upovnovazhenym_z_antykorupciynoyi_polityky Chornovol appointed commissioner of anti-corruption policy] {{Webarchive|url=https://web.archive.org/web/20140505215810/http://espreso.tv/news/2014/03/06/chornovol_pryznachyly_upovnovazhenym_z_antykorupciynoyi_polityky |date=2014-05-05 }}, Espreso TV (6 March 2014) At the time, the organization was set to employ 1,200 people in seven regional offices.[http://www.kyivpost.com/content/ukraine/chornovol-a-lot-of-work-ahead-for-ukraines-corruption-fighters-346344.html Chornovol: A lot of work ahead for Ukraine's corruption fighters] {{Webarchive|url=https://web.archive.org/web/20140505214330/http://www.kyivpost.com/content/ukraine/chornovol-a-lot-of-work-ahead-for-ukraines-corruption-fighters-346344.html |date=2014-05-05 }}, Kyiv Post (5 May 2014) Chornovol resigned on 18 August 2014 because "There is no political will in Ukraine to carry out a hard-edged, large-scale war against corruption".[http://www.kyivpost.com/content/kyiv-post-plus/yarema-top-prosecutor-since-june-accused-of-stalling-criminal-cases-367925.html Yarema, top prosecutor since June, accused of stalling criminal cases] {{Webarchive|url=https://web.archive.org/web/20141210142807/http://www.kyivpost.com/content/kyiv-post-plus/yarema-top-prosecutor-since-june-accused-of-stalling-criminal-cases-367925.html |date=2014-12-10 }}, Kyiv Post (Oct. 14, 2014)
[https://www.kyivpost.com/content/ukraine/governmental-commissioner-for-combating-corruption-chornovol-resigns-361062.html Governmental commissioner for combating corruption Chornovol resigns] {{Webarchive|url=https://web.archive.org/web/20141212223517/http://www.kyivpost.com/content/ukraine/governmental-commissioner-for-combating-corruption-chornovol-resigns-361062.html |date=2014-12-12 }}". Kyiv Post. 18 August 2014.
=Anti-Corruption Bureau=
Founding and launching the National Anti-Corruption Bureau was one of the requirements set by the IMF and the European Commission for relaxation of visa restrictions between Ukraine and the European Union.
On 14 October 2014, Verkhovna Rada of Ukraine adopted the law "On the National Anti-Corruption Bureau of Ukraine".
In January 2015, for the first time in the history of modern Ukraine, an open competition for position of director of a state agency was announced. 186 candidates applied for the position of Director of the National Anti-corruption Bureau of Ukraine. The winner of the competition was Artem Sytnyk.
On 16 April 2015, the President of Ukraine Petro Poroshenko signed two decrees: No. 217/2015 – decree on founding the National Anti-corruption Bureau of Ukraine and No.218/2015 — decree on appointing Artem Sytnyk as the Bureau's Director. This provided a starting point for a new state agency. The first order signed by the NABU Director on 23 April 2015 approved the Bureau's structure and staffing. On 24 April, Gizo Uglava was appointed First Deputy Director. When Gizo Uglava was hired by Artem Sytnyk, he said: "Ukraine matters to Georgia, we believe that if we save Georgia, we save Ukraine, and the other way round. Moreover, that’s my chance to do what I love – to investigate".{{Cite web|url = https://www.kyivpost.com/article/content/ukraine-politics/nations-first-anti-corruption-bureau-chief-starts-his-work-388602.html|title = Nation's first Anti-Corruption Bureau chief starts his work - May. 14, 2015| work=Kyiv Post |date = 14 May 2015|access-date = 9 September 2020|archive-date = 24 December 2021|archive-url = https://web.archive.org/web/20211224161713/https://www.kyivpost.com/article/content/ukraine-politics/nations-first-anti-corruption-bureau-chief-starts-his-work-388602.html|url-status = live | last1=Zhuk | first1=Alyona }}
Later two more deputy directors were appointed: Anatoly Novak and Tetyana Varvarska.
On 7 May, the Bureau was given premises at 3 Vasylya Surykova street, Kyiv.
On 30 November 2015, the competition for the position of the Head of the Specialized Anti-Corruption Prosecutor's Office, on which the start of the NABU work depended, was over. Nazar Kholodnitskiy took the position.
On 4 December, the NABU detectives entered the first three criminal proceedings concerning the theft of state owned companies' funds to the value of ₴1 billion into the Unified Register of Pre-Trial Investigations.
The agency's detectives underwent training sponsored by the U.S. Federal Bureau of Investigation and the European Union.
From June 2017, the NABU Director is a member of the EUACI's Steering Committee. The National Anti-Corruption Bureau is one of the beneficiaries this program.{{cite web |url=https://nabu.gov.ua/en/novyny/support-international-partners-very-important-nabu-artem-sytnyk-0 |title=Support of international partners is very important for the NABU — Artem Sytnyk |date=23 June 2017 |publisher=National Anti-Corruption Bureau of Ukraine |access-date=2018-05-13 |archive-date=2018-05-13 |archive-url=https://web.archive.org/web/20180513224110/https://nabu.gov.ua/en/novyny/support-international-partners-very-important-nabu-artem-sytnyk-0 |url-status=live }}
= 2019 =
On February 25, the group of anti-corruption investigations "Bigus.Info" published a report about people from Petro Poroshenko's surroundings who are in control of thefts in the defense sector. In March, two criminal proceedings were opened regarding involvement of people from Petro Poroshenko's team in the theft in the defense sphere. Ex-First Deputy Secretary of the National Security and Defense Council Oleh Hladkovsky, his son Ihor and other persons were searched.{{Cite web|url=https://opinionua.com/en/2019/03/07/theft-in-the-defense-sector/|title=Opinion {{!}} Plunder in the defense sector: NABU conducted searches at Hladkovsky and other suspects|date=2019-03-07|website=Opinion|language=en-US|access-date=2019-12-11|archive-date=2019-12-11|archive-url=https://web.archive.org/web/20191211141049/https://opinionua.com/en/2019/03/07/theft-in-the-defense-sector/|url-status=live}}
In November, the Bureau served notice of suspicion to one of the richest Ukrainians, Oleg Bakhmatyuk, over the NBU's takeover of a $1.2bn USD loan.{{Cite web|url=https://www.kyivpost.com/ukraine-politics/nabu-sapo-plan-to-serve-notice-of-suspicion-to-ex-owner-of-vab-bank-bakhmatyuk.html|title=NABU, SAPO plan to serve notice of suspicion to ex-owner of VAB Bank Bakhmatyuk {{!}} KyivPost - Ukraine's Global Voice|date=2019-11-12|website=KyivPost|access-date=2019-12-11}}{{Cite web|url=https://www.unian.info/economics/10766174-ukrlandfarming-head-bakhmatyuk-issue-of-suspicion-notice-by-nabu-politically-motivated-jeopardizes-the-holding-s-work.html|title=UkrLandFarming head Bakhmatyuk: Issue of suspicion notice by NABU politically motivated, jeopardizes the holding's work|website=www.unian.info|date=23 November 2019 |language=en|access-date=2019-12-11|archive-date=2019-12-11|archive-url=https://web.archive.org/web/20191211141715/https://www.unian.info/economics/10766174-ukrlandfarming-head-bakhmatyuk-issue-of-suspicion-notice-by-nabu-politically-motivated-jeopardizes-the-holding-s-work.html|url-status=live}}
In November, the deputy chief of the Kyiv City Customs and the Odesa businessman Vadim Alperin, whom the media called "the king" and the "godfather" of Ukrainian smuggling, was detained.{{Cite news|url=https://www.rferl.org/a/ukraine-s-zelenskiy-offers-award-for-godfather-of-smugglers/30294340.html|title=Ukraine's Zelenskiy Offers Award For 'Godfather' Of Smugglers|newspaper=Radio Free Europe/Radio Liberty|date=27 November 2019 |language=en|access-date=2019-12-11|archive-date=2019-12-11|archive-url=https://web.archive.org/web/20191211142226/https://www.rferl.org/a/ukraine-s-zelenskiy-offers-award-for-godfather-of-smugglers/30294340.html|url-status=live}} Investigators assert he unsuccessfully offered NABU detective a bribe of $800,000.{{Cite web|url=https://censor.net.ua/en/news/3038942/businessman_alperin_charged_with_attempt_to_bribe_nabu_detective_bailed_out_lawyer|title=Businessman Alperin charged with attempt to bribe NABU detective bailed out, - lawyer|last=Censor.NET|website=Censor.NET|date=12 December 2017 |language=en|access-date=2019-12-11|archive-date=2019-12-11|archive-url=https://web.archive.org/web/20191211142228/https://censor.net.ua/en/news/3038942/businessman_alperin_charged_with_attempt_to_bribe_nabu_detective_bailed_out_lawyer|url-status=live}}
= 2022 =
Ukrzaliznytsia PCR test fraud{{Cite web |date= |title=Ukrzaliznytsia PCR test fraud: investigation completed |url=https://nabu.gov.ua/en/news/novyny-mahinaciyi-pry-zakupivlyah-ukrzaliznyceyu-plr-testiv-materialy-vidkryto/}}
NABU and SAPO exposed a scheme used by Ukrzaliznytsia officials to purchase more than 11,000 COVID-19 PCR tests at inflated prices. The illegal overpayment would have amounted to almost UAH 5 million, but it was stopped by the Ukrzaliznytsia auditors. They reported the criminal intent to the National Bureau, which, in turn, notified the perpetrators of suspicion.
On Sept. 23, 2022, the National Anti-Corruption Bureau (NABU) and the Specialized Anti-Corruption Prosecutor's Office (SAPO) referred the case against an incumbent MP charged with receiving UAH 558,000 in undue advantage to court. His actions fall under Part 2 Art. 369-2 of the Criminal Code of Ukraine. The indictment had been served the day before.
Attempted bribery of State Inspectorate for Architecture and Urban Planning of Ukraine head{{Cite web |title=Attempted bribery of SIAUP head: investigation completed |url=https://nabu.gov.ua/en/news/novyny-sproba-pidkupu-golovy-diam-materialy-vidkryto/ |access-date=2023-10-24 |archive-date=2024-06-20 |archive-url=https://web.archive.org/web/20240620111409/https://nabu.gov.ua/en/news/novyny-sproba-pidkupu-golovy-diam-materialy-vidkryto/ |url-status=live }}
The National Anti-Corruption Bureau of Ukraine and the Specialized Anti-Corruption Prosecutor's Office, in cooperation with the head of the State Inspectorate for Architecture and Urban Planning of Ukraine (SIAUP) Semen Kryvonos, prevented his{{Who|date=January 2024}} attempted bribery. A representative of one of the capital's developers offered the official about US$120,000 in exchange for a certificate of commissioning of a high-rise building in Kyiv, erected with a number of violations. He also hinted he was ready to solve similar issues in a similar way in the interests of other construction companies.
On Oct. 18, 2022, NABU and SAPO exposed a former Ukrainian lawmaker attempting to bribe the mayor of Dnipro for EUR 22 million. The sum of the undue advantage is one of the biggest among those recorded in Ukraine.
Pre-trial investigation in the 2023
In 2022, NABU detectives and SAPO prosecutors exposed 187 persons and notified them of suspicion. Indictments against 54 persons were sent to court.
= 2023 =
NABU's output in 2023
2023 was the most successful year for anti-corruption authorities since their establishment. NABU and SAPO uncovered misdeeds involving 21 individuals among the senior officials of the state, 39 heads of state-owned enterprises, 16 judges, and 11 MPs. The economic effect of NABU and SAPO's activities in 2023 amounted to UAH 4.7 billion, which is one and a half times higher than in 2022.{{Cite web |title=NABU, SAPO showcase strong results in the second half of 2023 |url=https://nabu.gov.ua/en/news/nabu-sap-pokazaly-potuzhn-rezul-taty-u-drugomu-p-vr-chch-2023-roku/ |access-date=2024-03-13 |archive-date=2024-03-13 |archive-url=https://web.archive.org/web/20240313132700/https://nabu.gov.ua/en/news/nabu-sap-pokazaly-potuzhn-rezul-taty-u-drugomu-p-vr-chch-2023-roku/ |url-status=live }}
On May 15, 2023, NABU and SAPO carried out one of their most significant operations, exposing the Head of the Supreme Court accepting a bribe. He, along with a middleman lawyer, is suspected of receiving US$2.7 million in exchange for rendering a decision in favor of the owner of the "Finance and Credit" group. The "judicial services" were priced at US$1.8 million, with an additional US$900,000 supposed to be distributed among the intermediaries.
In March, NABU and SAPO exposed a criminal organization led by the head of the State Property Fund of Ukraine (2019–2022), which embezzled more than UAH 500 million from JSC "Odesa Port Plant" and JSC "United Mining and Chemical Company".
In January 2023, NABU and SAPO conducted an operation to expose high-level corruption within the Ministry for Communities, Territories and Infrastructure Development of Ukraine. One of the participants in the scheme turned out to be a Deputy Minister, who was caught receiving an undue benefit of US$400,000
Embezzlement of UAH 18 mln from SE "Antonov"{{Cite web |date=2023-03-10 |title=SE "Antonov" official and his lawyer are suspected of embezzling UAH 18 million |url=https://babel.ua/en/news/91447-an-antonov-official-and-his-lawyer-are-suspected-of-embezzling-uah-18-million |access-date=2023-10-24 |website=babel.ua |language=en}}
On March 10, 2023, NABU and SAPO notified the former official of Antonov SE (a subsidiary of Ukroboronprom State Concern) and the director of a lawyer's association of suspicion of embezzling more than UAH 18 million from the enterprise and issuing false official documents.
Pre-trial investigation in the first part of 2023
Overall, in the first half of 2023, NABU and SAPO notified 11 high-ranking state officials of suspicion, exposed corrupt actions by 26 heads of state-owned enterprises, and held 7 judges accountable. NABU and SAPO exposed and served suspicion notices on 137 persons. Indictments against 147 persons were sent to court.
Economic effect in the first part of 2023
The economic impact of NABU and SAPO's work since the beginning of 2023 amounts to more than UAH 1.67 billion. Due to NABU and SAPO, an additional UAH 662 million has been sent for the country's defense needs since the start of 2023. In total, since Russia began its invasion, almost UAH 2 billion has been allocated. These are assets seized or voluntarily contributed within the scope of criminal proceedings investigated by NABU and SAPO, as well as bail deposited following the rulings of the High Anti-Corruption Court.
Besides funding for the Armed Forces of Ukraine, nearly UAH 1 billion has been reimbursed to the state, including public enterprises. Over UAH 883 million was returned by private companies to PJSC "Ukrnafta" (50%+1 share owned by the state), and an additional UAH 2 million was compensated for damages to JSC "Ukrzaliznytsia" (fully owned by the state).
The materials collected during the investigation by NABU detectives helped successfully prevent the embezzlement of nearly UAH 70.5 million. Throughout 2023, several guilty verdicts were also legally enforced with property confiscation, including both monetary assets and real estate, totaling over UAH 25.5 million.
NABU and SAPO in full-scale war
At the beginning of invasion, some employees of the anti-corruption bodies defended the country, while others were engaged in preserving materials of criminal proceedings and ensuring the necessary level of work, because the continuation of preventive measures, consideration of complaints and appeals was not canceled.
Several dozen employees of the NABU participated in the protection of important facility in the government quarter of the capital. Twelve prosecutors of the SAPO mobilized to the Territorial Defense of the Armed Forces of Ukraine, and they did it voluntarily, although they had reservation from mobilization. Detectives were also searching for saboteurs and collaborators, establishing the location and movement of the Russian military, and several times found places where Russians were ambushed. Seven officers of the NABU were awarded with state awards by the President of Ukraine.
One detective was seriously wounded during fights near the village of Pytomnyk in Kharkiv region. In September, Ivan Gvozdev, the Major of the Special Operations Department of the NABU was killed during hostilities in Mykolaiv region. In October, the Major Taras Pona of the Ukrainian Security Service was killed near Bakhmut.
Support to the Defence Forces of Ukraine
Since February 24, 2022 till the end of 2022 more than 1.22 billion UAH has been transferred to support Ukrainian soldiers at the expense of pledges and seized assets.
- 6 million USD from the record bribe case in the history of the NABU{{Cite web |title=USD 6 million bribe intended for NABU, SAPO leadership sent to Ukraine's army |url=https://nabu.gov.ua/en/news/novyny-6-mln-dol-ssha-yakymy-hotily-pidkupyty-kerivnyctvo-nabu-i-sap-pererahovano-na-pidtrymku-zsu/}};
- 5 million USD arrested in the case against former Minister of Agrarian Policy{{Cite web |date=2022-09-09 |title=The court handed over $5 million seized in the case of the ex-minister of agricultural policy to the Main Directorate of Intelligence |url=https://babel.ua/en/news/84028-the-court-handed-over-5-million-seized-in-the-case-of-the-ex-minister-of-agricultural-policy-to-the-main-directorate-of-intelligence |access-date=2023-10-24 |website=babel.ua |language=en}};
- 3.7 million USD, 846.000 EUR, 20.000 GBP and 242.000 UAH from the case of brother of the head of the KDAC;
- over 400 million UAH from the case of “smuggling king” Alperin;
- 300.000 USD from the case against tax officials who helped to minimize tax payments;
- 200.000 USD from the case of bribery of the head of the State Property Fund.
Support to the Defence Forces of Ukraine in 2023: Due to NABU and SAPO, an additional UAH 662 million has been sent for the country's defense needs since the start of 2023.
Technical Assessment of NABU
In October 2023, at the initiative of the Director of the Bureau, Semen Kryvonos, and with the support of the EU Anti-Corruption Initiative in Ukraine (EUACI), the Government of Japan, and the International Development Law Organization (IDLO), an expert group conducted an independent technical assessment of NABU's activities (from January 2021 to June 2023). The assessment team concluded that NABU had developed into a strong and effective institution with a significant track record in investigating top-level corruption. It was established that NABU had an impeccable reputation, and its employees demonstrated a high level of integrity. The Bureau has adapted to the challenges of recent years, including the full-scale war Russia has been waging against Ukraine. The expert commission provided 150 specific recommendations for improving NABU's work. In December 2023, an Implementation Team was formed, which included NABU employees and representatives of international partner organizations.{{Cite web |title=Independent expert team completes Assessment of NABU |url=https://nabu.gov.ua/en/news/grupa-nezalezhnikh-ekspert-v-zavershila-otc-nku-roboti-natc-onal-nogo-biuro/ |access-date=2024-03-13 |archive-date=2024-03-13 |archive-url=https://web.archive.org/web/20240313132701/https://nabu.gov.ua/en/news/grupa-nezalezhnikh-ekspert-v-zavershila-otc-nku-roboti-natc-onal-nogo-biuro/ |url-status=live }}
= 2024 =
On April 2, NABU and SAPO uncovered an organized group led by former Presidential Office advisor and active SSU employee Artem Shylo. The group allegedly embezzled UAH 94.8 million from Ukrzaliznytsia (Ukrainian Railways) during transformer procurement. Previously, journalists from bihus.info reported that Shylo had amassed assets worth nearly US$10 million over ten years in public service.{{Cite web |title=Колишнього радника ОП Артема Шила викрили на багатомільйонних махінаціях із закупівлі трансформаторів для "Укрзалізниці" |url=https://zn.ua/ukr/anticorruption/kolishnoho-radnika-ofisu-prezidenta-vikrili-na-makhinatsijakh-iz-zakupivli-transformatoriv-dlja-ukrzzaliznitsi.html |access-date=2024-11-07 |website=Зеркало недели {{!}} Дзеркало тижня {{!}} Mirror Weekly |language=uk}}{{Cite web |date=2024-04-04 |title=A bail of 30 million hryvnias was made for the ex-adviser of the Presidentʼs Office Artem Shylo |url=https://babel.ua/en/news/105687-a-bail-of-30-million-hryvnias-was-made-for-the-ex-adviser-of-the-president-s-office-artem-shylo |access-date=2024-11-07 |website=babel.ua |language=en}}
On April 23, NABU and SAPO served charges on the Minister of Agrarian Policy and Food of Ukraine, Mykola Solskyi. According to investigators, Solskyi allegedly misappropriated state land worth UAH 291 million and attempted to grab even more soil valued at UAH 190 million.{{Cite web |title=NABU accuses Agriculture Minister and several other officials of land embezzlement |url=https://english.nv.ua/nation/agriculture-minister-is-suspected-of-leading-criminal-group-involved-in-illegal-land-activity-50412403.html |access-date=2024-11-07 |website=english.nv.ua |language=en}}
In May, NABU and SAPO announced charges against the former Deputy Head of the President's Office of Ukraine, Andriy Smyrnov, for alleged illicit enrichment amounting to UAH 15.7 million. Previously, journalists from Ukrainska Pravda reported that Smyrnov's brother had acquired luxury property at significant discounts.{{Cite web |title=Брат заступника голови ОП під час війни придбав елітне майно з величезними знижками - УП |url=https://www.pravda.com.ua/news/2023/02/15/7389438/ |access-date=2024-11-07 |website=Українська правда |language=uk |archive-date=2024-10-02 |archive-url=https://web.archive.org/web/20241002102315/https://www.pravda.com.ua/news/2023/02/15/7389438/ |url-status=live }}{{Cite news |last=Богданьок |first=Ольга |date=May 22, 2024 |title=Ексзаступнику керівника ОПУ Смирнову повідомили про підозру — НАБУ |url=https://suspilne.media/751435-ekszastupniku-kerivnika-opu-smirnovu-povidomili-pro-pidozru-dzerela/ |url-status=live |access-date=November 7, 2024 |work=Suspilne Media |archive-date=June 29, 2024 |archive-url=https://web.archive.org/web/20240629093225/https://suspilne.media/751435-ekszastupniku-kerivnika-opu-smirnovu-povidomili-pro-pidozru-dzerela/ }}{{Cite web |date=2024-05-28 |title=Court sets bail for ex-deputy head of Presidential Office Smyrnov at almost $250,000 |url=https://kyivindependent.com/court-sets-bail-for-ex-deputy-head-of-presidential-office-smirnov-at-almost-250-000/ |access-date=2024-11-07 |website=The Kyiv Independent |language=en |archive-date=2024-07-28 |archive-url=https://web.archive.org/web/20240728150540/https://kyivindependent.com/court-sets-bail-for-ex-deputy-head-of-presidential-office-smirnov-at-almost-250-000/ |url-status=live }}
In July, NABU and SAPO filed an indictment against former Infrastructure Minister Andriy Pyvovarsky and his former First Deputy Volodymyr Shulmeyster. They are accused of abuse of power, which resulted in over UAH 30 million in damages to the state.{{Cite web |date=2024-07-25 |title=Збитки на $49 млн: до суду скерували справу ексміністра інфраструктури та його заступника |url=https://lb.ua/pravo/2024/07/25/626030_zbitki_49_mln_sudu_skeruvali.html |access-date=2024-11-07 |website=LB.ua |archive-date=2024-08-04 |archive-url=https://web.archive.org/web/20240804152432/https://lb.ua/pravo/2024/07/25/626030_zbitki_49_mln_sudu_skeruvali.html |url-status=live }}
On October 3, an external independent audit of the Bureau's work began, as stipulated by the Law "On the National Anti-Corruption Bureau of Ukraine." The audit commission includes independent experts appointed by Ukraine's international partners: Martin Arpo (former deputy director of Estonia's Internal Security Service), Robert Westbrooks (former Deputy Inspector General of the U.S.), and Hermione Theresa Cronje (former Director of Investigations at South Africa's National Prosecuting Authority).{{Cite web |date=2024-10-04 |title=NABU Announces External Audit of Its Activities |url=https://ti-ukraine.org/en/news/nabu-announces-external-audit-of-its-activities/ |access-date=2024-11-07 |website=ti-ukraine.org |language=en-US}}{{Cite web |date=2024-10-03 |title=У НАБУ розпочався перший зовнішній аудит |url=https://www.ukrinform.ua/rubric-society/3912321-u-nabu-rozpocavsa-persij-zovnisnij-audit.html |access-date=2024-11-07 |website=www.ukrinform.ua |language=uk |archive-date=2024-10-04 |archive-url=https://web.archive.org/web/20241004023447/https://www.ukrinform.ua/rubric-society/3912321-u-nabu-rozpocavsa-persij-zovnisnij-audit.html |url-status=live }}
On October 9, Denys Gulmagomedov, the former deputy director for digital development and digital transformation, was appointed as the first deputy director of NABU.{{Cite news |last=Свобода |first=Радіо |date=2024-10-09 |title=Голова НАБУ призначив нового першого заступника після звільнення Углави |url=https://www.radiosvoboda.org/a/news-nabu-novyi-pershyi-zastupnyk-dyrektora/33152627.html |access-date=2024-11-07 |work=Радіо Свобода |language=uk |archive-date=2024-10-09 |archive-url=https://web.archive.org/web/20241009155220/https://www.radiosvoboda.org/a/news-nabu-novyi-pershyi-zastupnyk-dyrektora/33152627.html |url-status=live }}
The legislative authority
= Duties =
- performing investigative and police operations;
- conducting the pre-trial inquiry of criminal crimes which belong to their jurisdiction or other, defined by law;
- checking for virtuous persons who are authorized to the execution of state's functions and local self-governance;
- undertaking activities of the police search and an arrest of funds and another property which can objects for compensation, also saving funds and other property which were arrested;
- interacting with other state bodies, bodies of local self-governance and other subjects for execution its duties;
- performing informational and analytical work;
- providing personal security of National Buro workers and other persons who are determined by law;
- under confidentiality and volunteering, providing cooperation with persons, who report about corruption;
- reporting about its activity and informing society about the results of its work.{{Cite web|url=https://zakon.rada.gov.ua/go/1698-18|title=Про Національне антикорупційне бюро України|website=Офіційний вебпортал парламенту України|access-date=2022-03-16|archive-date=2023-01-23|archive-url=https://web.archive.org/web/20230123160939/https://zakon.rada.gov.ua/laws/show/1698-18|url-status=live}}
= Rights =
- to open investigative cases based on the decree which is approved by the head of the relevant subunit of National Buro and to conduct transparent and unspoken investigative activities;
- according to the head's decision which is agreed with a prosecutor, to demand investigative and criminal implementations from other law enforcement agencies;
- due to the decision of the head of the structural subunit of NABU to demand statements about the property, incomes, expenses, financial duties of persons, statements about the funds using of the State Budget of Ukraine, the disposal of state or communal property. NABU has a direct access to public automated informational and reference systems, registers, and a data bank, use the state's means of communication, the networks of the special connections and other technical means;
- to search documents and another material sources of information which are necessary to prevent, identify, interrupt and investigate criminal crimes, in particular, those which consist limited information;
- according to the head or his vice's decision which is approved by the prosecutor, to receive information from banks, depository, financial and other institutions, interprices and organizations about operations, accounts, contributions, bargains of natural and legal person;
- on the basis of the relevant court's decision to seal up archives, cash registers, premises (except living places) or other storages, took them under protection, also to take out items and documents in order which is provided by Criminal Procedure Law;
- to attract qualified specialists and experts from any institutions, organizations, control and financial bodies on the voluntary basis, including contractual conditions;
- on the basis of the written decision of the head or the vice of NABU which is agreed by the prosecutor, to create common investigation groups which include operational and investigation workers;
- to enter freely to the state bodies, the bodies of local self-governance and a zone of customs control by providing a court certificate, also to enter freely to the military corps and institutions, border posts of Ukraine by providing written disposal of the head or his vice;
- to use transport means which belong to natural and legal person (except transport means of diplomatic, consular and other representations of foreign states and organizations, special vehicles with further refund of losses;
- to send to the state bodies, the bodies of local self-governance compulsory for the consideration of proposals and recommendations for eliminations reasons and conditions which promote criminal crimes, and also to receive information about their consideration during 30 days;
- to cooperate with natural persons including the contractual ground and stick to the conditions of voluntariness and confidentiality of these relations, to stimulate people in material and moral way who provide assistance;
- to sue in case the recognition of agreements' invalidity;
- to create informational systems and keep an operating account;
- to hold, carry and use of firearms and special means, and also carry out activities of physical influence;
- to issue firearms, special means of individual protection and notifications about the danger to protected persons;
- to cooperate with the competent bodies of foreign states, international organizations;
- to receive materials which are provided within the frameworks of international law assistance from the procuratorial authorities and Ministry of Justice;
- to act as a representative of the state's interests during the performance in case management of the police search, arrest, confiscation and return of the appropriate property to Ukraine, the defense of rights and interests of state, and also to attract legal advisers for such purposes;
- to raise the issue of the establishment of the special conditions (including the issue of classifying location) in places of imprisonment for people who cooperate with NABU
Relationship with other anti-corruption bodies
NABU is one of three anti-corruption pillar institutions in Ukraine, created after the Euromaidan.
= National Agency on Corruption Prevention =
The National Agency on Corruption Prevention seeks to 'shape and implement anti-corruption policy while creating an environment conducive to corruption prevention'.{{cite web|title=NATIONAL AGENCY ON CORRUPTION PREVENTION (NACP): MANDATES IN ACTION
|date=2015|url=http://www.ua.undp.org/content/dam/ukraine/docs/nazk_eng.pdf|archive-url=https://web.archive.org/web/20180623061931/http://www.ua.undp.org/content/dam/ukraine/docs/nazk_eng.pdf |archive-date=2018-06-23 }} While NABU focuses on law-enforcement, the NACP shapes policy and develops regulations that help to prevent corruption and ensures compliance.
It is responsible for verifying the accuracy of government officials' asset and income declarations. In July 2016, its civil society representative, Ruslan Riaboshapka, criticised the hiring process, saying that the agency was choosing the lowest-scoring candidates.{{cite news |url= http://www.kyivpost.com/article/opinion/op-ed/oleg-sukhov-reformer-and-anti-reformer-of-the-week-july-7-418122.html |title= Oleg Sukhov: Reformer and anti-reformer of the week July 7 |first= Oleg |last= Sukhov |work= Kyiv Post |date= 8 July 2016 |access-date= 9 July 2016 |archive-date= 9 July 2016 |archive-url= https://web.archive.org/web/20160709112737/http://www.kyivpost.com/article/opinion/op-ed/oleg-sukhov-reformer-and-anti-reformer-of-the-week-july-7-418122.html |url-status= live }}
= Specialized Anti-Corruption Prosecutor's Office =
The Specialized Anti-Corruption Prosecutor's Office (SAPO) supports and oversees criminal investigations launched by NABU, by drawing up indictments and bringing them before the courts.
Control over the bureau
The direct control over the bureau is conducted by the parliamentary committee for combating organized crime and corruption.
The NABU director
- informs the President, Verkhovna Rada, and the Cabinet about key issues in operation of the NABU and its regional centers, about execution of assigned tasks, compliance with the law, rights and freedoms of individuals;
- every year in February and August submits a written report to the President, Verkhovna Rada, and the Cabinet of Ministers about operations of the NABU during the previous six months.
Every year the External Control Commission provide an independent assessment of the NABU's activity. There are three members of the commission:
- Buromenskyi Mykhailo (from the Cabinet of Ministers of Ukraine) - appointed to the post on May 26, 2017;{{Cite web|url=https://www.pravda.com.ua/news/2017/05/26/7145132/|title=Кабмін обрав свого аудитора НАБУ|access-date=2020-09-14|archive-date=2020-08-14|archive-url=https://web.archive.org/web/20200814002414/https://www.pravda.com.ua/news/2017/05/26/7145132/|url-status=live}}
- Vasylenko Volodymyr (from the Verkhovna Rada) - appointed to the post on June 7, 2018;{{Cite web|url=https://www.pravda.com.ua/news/2018/06/7/7182643/|title=Рада обрала аудитора НАБУ|access-date=2020-09-14|archive-date=2022-01-25|archive-url=https://web.archive.org/web/20220125031946/https://www.pravda.com.ua/news/2018/06/7/7182643/|url-status=live}}
- Zhebrivskyi Pavlo (from the President of Ukraine) - appointed to the post on June 19, 2018).{{Cite web|url=https://www.president.gov.ua/documents/1692018-24334|title=Указ Президента України №169/2018|work=Офіційне інтернет-представництво Президента України |access-date=2020-09-14|archive-date=2021-01-11|archive-url=https://web.archive.org/web/20210111223352/https://www.president.gov.ua/documents/1692018-24334|url-status=live}}
For securing transparency and civil control over the NABU the Council of Civil Control was created. It counts 15 members who have to take an examination based on an open and transparent competition.
On June 5, 2015, there was the first open e-voting for the candidates to the Council of Civil Control. Due to the results of the e-voting 15 members who represent 6 civil society organizations were elected. After the elections to the Council of Civil Control, its members have chosen Vitalii Shabunin as the head of the council.{{Cite web|url=https://nabu.gov.ua/index.php?id=17|title=Національне антикорупційне бюро|access-date=2020-09-14|archive-date=2022-03-20|archive-url=https://web.archive.org/web/20220320145552/https://nabu.gov.ua/index.php?id=17|url-status=live}} Then the e-voting was defined as illegal by the claim of Sh. Aliev but the claim was not proceed till the end of the cadence.{{Cite web|url=http://oask.gov.ua/node/2791|archive-url = https://web.archive.org/web/20180710161331/http://oask.gov.ua/node/2791|archive-date = 2018-07-10|title = Суд визнав протиправним обрання Маселка Р. членом Ради громадського контролю при НАБУ | Окружний адміністративний суд міста Києва}}
The second Council of Civil Control which was headed by Roman Maselko and started to work on May 31, 2017. The secretary of the second Council of Civil Control became Halyna Yanchenko. Among the challenges which face the second CCC were the finishing of command forming, functional work organization of local territory administrations, the rising number of investigations, the finishing the stage of judicial review of NABU implementations.{{Cite web|url=https://nabu.gov.ua/novyny/nova-rada-gromadskogo-kontrolyu-pry-nabu-rozpochala-robotu|title=Нова Рада громадського контролю при НАБУ розпочала роботу|access-date=2020-09-14|archive-date=2017-08-17|archive-url=https://web.archive.org/web/20170817211735/https://nabu.gov.ua/novyny/nova-rada-gromadskogo-kontrolyu-pry-nabu-rozpochala-robotu|url-status=live}} That voting also was defined as illegal by the claim of O.Shevchyk but the claim was not proceed till the end of the cadence.{{Cite web|url=http://gordonua.com/ukr/news/localnews/-sud-kijeva-rozgljadaje-pozov-pro-falsifikatsiji-na-viborah-v-radu-gromadskogo-kontrolju-pri-nabu-196971.html|archive-url = https://web.archive.org/web/20180601190208/http://gordonua.com/ukr/news/localnews/-sud-kijeva-rozgljadaje-pozov-pro-falsifikatsiji-na-viborah-v-radu-gromadskogo-kontrolju-pri-nabu-196971.html|archive-date = 2018-06-01|title = Суд Києва розглядає позов про фальсифікації на виборах до Ради громадського контролю при НАБУ| date=10 July 2017 }}
The elections to the 3rd Council of Civil Control took place on May 30, 2018.{{Cite web|url=https://rgk-nabu.org/uk/news/rhk/vibori-do-radi-gromadskogo-kontrolyu-nabu-zakinchilisya|archive-url = https://web.archive.org/web/20180601190211/https://rgk-nabu.org/uk/news/rhk/vibori-do-radi-gromadskogo-kontrolyu-nabu-zakinchilisya|archive-date = 2018-06-01|title = Вибори до РГК НАБУ закінчилися: маємо попередні результати| date=31 May 2018 }} The head of the Council became Tetiana Locatska.{{Cite news|url=https://www.pravda.com.ua/news/2019/06/15/7218250/|title=Роботу НАБУ контролюватиме нова Рада громадського контролю|newspaper=Українська Правда|access-date=2020-09-14|archive-date=2019-06-16|archive-url=https://web.archive.org/web/20190616150504/https://www.pravda.com.ua/news/2019/06/15/7218250/|url-status=live}}
Executives of the NABU
- Director of the National Anti-Corruption Bureau of Ukraine Semen Kryvonos (since March 2023)
- First Deputy Director of the National Anti-Corruption Bureau of Ukraine Denys Gulmagomedov
- Deputy Director of the National Anti-corruption Bureau of Ukraine Tetiana Varvarska
- Deputy Director of the National Anti-corruption Bureau of Ukraine {{interlanguage link|Polina Lysenko|uk|Лисенко Поліна Олександрівна}}
See also
- {{annotated link|2020–2022 Ukrainian constitutional crisis}}
- {{annotated link|Civil Oversight Council of the National Anti-corruption Bureau of Ukraine}}
- {{annotated link|Corruption in Ukraine}}
- {{annotated link|European Union Anti-Corruption Initiative in Ukraine}}
- {{annotated link|High Anti-Corruption Court of Ukraine}}
- {{annotated link|List of anti-corruption agencies}}
- {{annotated link|National Agency on Corruption Prevention}}
References
{{Reflist|35em}}
External links
{{Commons category-inline}}
- [http://www.kmu.gov.ua/control/uk/publish/article?art_id=247108928&cat_id=244828231 Official website] {{in lang|uk}}
{{Clear}}
{{Special anti-corruption state institutions in Ukraine}}
{{Central office of executive authority of Ukraine}}
{{Law enforcement agencies of Ukraine}}
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Category:Government agencies of Ukraine
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Category:Government agencies established in 2014
Category:Corruption in Ukraine
Category:Specialist law enforcement agencies of Ukraine