Information provided by the Security Service of Ukraine
The Security Service of Ukraine is one of the State agents for combating
corruption and organized crime. It possesses information on human rights
violations committed by corrupted officials and organized crime groups that
frequently use modern technology means.
A perfect example of embezzlement and unlawful enrichment is former
President of Ukraine V.Yanukovych, who transferred abroad significant amount of
money, bonds, jewellery and State-owned items.
The globalizing trends and the transnational character of corruption-related
crimes confirm the necessity of implementation of international cooperation
projects to counter and prevent such crimes.
Prevention and investigation of corruption crimes require unified efforts and
cooperation of correspondent international authorities, special agencies and law
enforcement bodies.
Information provided by the National Anti-Corruption Bureau of Ukraine
One of the steps toward reforms in Ukraine was the creation in October 2014
of the National Anti-Corruption Bureau of Ukraine (NAB) - a completely new,
independent, modern law enforcement structure, designed with the utmost rigor of
the law and inevitability of punishment to fight the greatest internal enemy of the
State - corruption in the government.
The National Bureau is responsible for the prevention, suppression and
detection of corruption offenses committed by senior officials or local government.
On 16 April 2015, the President of Ukraine issued a Decree appointing
Mr. A.Sytnyk as the Director of the National Anti-Corruption Bureau of Ukraine.
According to the Law of Ukraine "On the National Anti-Corruption Bureau
of Ukraine" the National Bureau is based on open competition for recruiting its
personnel.
Recruitment of NAB staff began with the creation on 9 June 2015 of the
Selection Commission, which was preceded by the election on June 8 of the Civil
Supervisory Council, which then delegated three representatives to the Selection
Commission.
The competition process consists of four qualifying exams (tests) and
interviews. Candidates for the detectives and analytical positions undergo three
stages of testing: testing of knowledge of legislation, general abilities test (general
skills), psychological testing (determining the psychological profile of the
methodology MMRI- 2). For the security unit positions there is also fitness testing.
In some specific cases, by decision of the Director of National Bureau qualifying
examination for some positions can be limited to «knowledge of legislation».
Thus, the formation of the National Bureau is an unprecedented case in the
history of Ukraine when the creation of a new state law enforcement agency was
conducted within a completely open and transparent competitive process.
National Bureau recruitment process changes approaches to law
enforcement: this new generation of detectives and analysts will use the latest
technology and methods of investigation.
The position called «detectives» is new to Ukraine as it combines the
operational-search and investigative functions. On 5 May 2015 the competition for
vacant posts of the first hundred detectives was announced. 2,502 of 2,700
candidates who submitted the applications were allowed to be tested. As of
October 12, 2015 - 63 detectives have been appointed.
Overall, 187 people for NAB staff have already been recruited as the result
of the open competition and 315 employees more will be elected by the end of the
year 2015.
The senior management of the Bureau is continually negotiating with other
public authorities to establish rapid exchange of information. A number of
agreements and a Memorandum of understanding have been concluded following
those negotiations, in particular, on 30 June 2015 Director of the National Bureau
Mr. A.Sytnyk and Head of the State Service for Financial Monitoring of Ukraine
Mr. I.Cherkaskyi concluded an Agreement on cooperation and information
exchange between the agencies. The purpose of the Agreement was to interact and
exchange information on prevention and combating corruption crimes in Ukraine.
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On 27 July 2015 Director of the National Bureau Mr. A.Sytnyk, Minister for
Justice of Ukraine Mr. P.Petrenko and Minister for Internal Affairs of Ukraine
(MIA) Mr. A.Avakov signed a Memorandum of understanding on cooperation and
exchange of information to prevent, detect and investigate corruption crimes.
According to the Memorandum the National Bureau receives access to the
databases of MIA registers and data banks administered by the Ministry of Justice
of Ukraine.
On 7 August 2015, the National Office and the Security Service of Ukraine
(SSU) agreed to exchange information.
From the beginning, the National Bureau abtains constant support of the
international and foreign partners, in particular:
 assistance in developing the roadmap of the National Bureau;
 assistance in the preparation for the testing process and testing of candidates
for vacant positions to the National Bureau;
 involvement of trainers to teach staff of the National Bureau;
 organizing regular consultations and exchange of experience;
 expert support on a wide range of issues;
 technical assistance;
 volunteer support.
In general, the management of the National Bureau held more than
50 meetings at the international level, including meetings with the diplomats and
representatives of anti-corruption bureaus of other countries.
On 22 June 2015, Director of the National Bureau Mr. A.Sytnyk met with the
members of the Council of Europe and EU representatives in Strasbourg (France).
During the meeting an agreement was reached regarding possible areas of support
of Ukraine in the fight against corruption. In particular, European partners
expressed their willingness to participate in specialized training of the National
Bureau staff; development of IT support, conducting of anti-corruption reforms
and its monitoring.
On 19-22 July 2015 Director of the National Bureau Mr. A.Sytnyk and his
Deputy Mr. G.Uglava visited London, where they were acquainted with the
activities of the National Agency for Combating Crime (NCA), an independent
department of the UK Government to investigate fraud and corruption - SFO (The
Serious Fraud Office) and other law enforcement organizations. The experience of
British colleagues will be used during the developing process of the National
Office.
The consultants from Canada and the European Union are already
cooperating with the National Bureau (on a long term basis, according to the
correspondent programmes) in order to assist and train the personnel of the Bureau.
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Information provided by the Prosecutor General’s Office of Ukraine
3. Coordination of law-enforcement institutions in the field of anticorruption.
Сoordination of the law-enforcement institutions in the field of combating
crime, including corruption, according to the Article 25 of the Law of Ukraine "On
Prosecution" is being performed by prosecutors.
Numerous facts of corruption crimes have been exposed due to the
coordinated actions of the Ukrainian law-enforcement institutions, the measures
have been taken to bring to justice the guilty persons in accordance with the national
legislation.
Thus, the investigative departments of the law-enforcement institutions have
referred to the court 2056 convictions for committing corruption crimes, including
1084 grave and especially grave crimes during 9 months of 2015.
Special attention was paid to preventing and combating corruption in the
priority sectors of the economy, in particular the budget system as there were
detected 253 corruption crimes, among them: 84 crimes - related to illegal land
deals, 104 – in the sphere of health care, 113 – in the sphere of education, 19 –
related to banking system.
7. The practice of human rights protection while countering corruption,
in particular the detection and investigation of corruption crimes, the return
of illicit assets.
The prosecution bodies took measures to restore the rights of citizens who
suffered from corruption crimes. A number of current criminal proceedings related
to crimes in this category have been investigated.
In particular, the preliminary investigation has been completed and the
indictment in criminal proceedings under Part. 5, Art. 191 of the Criminal Code of
Ukraine has been forwarded to the court in the case regarding the withdrawal of
the State funds in the amount of 2 billion UAH (₴) by the Chairman of JSC
«Brokbusinessbank» (AT «Брокбізнесбанк») by previous concert with the board
members of the Bank and the Chairman of PJSC «Agrarian Fund» (ПАТ
«Аграрний фонд») who together have transferred the funds to a number of
enterprises of fictitious nature and seized them.
As a result of these criminal acts the officials of JSC «Brokbusinessbank»
(AT «Брокбізнесбанк») illegally, while having funds at disposal, haven’t fulfilled
the requirements of the owners of the Bank and its customers - individuals and
entities, and haven’t returned the funds to the depositors. The bodies of the pre-trial
investigation have taken steps to compensate the loss.
In general, the pre-trial investigation bodies in the proceedings on corruption
crimes during the investigation have compensated approximately ₴500 mln;
imposed an arrest on the property that had belonged to the suspects (cost: ₴134
million); confiscated property, cash, securities and foreign currency for the amount
exceeding ₴28 mln.
During this year the prosecutors brought claims in civil, commercial and
administrative proceedings on compensation for damages caused by criminal
offenses of corresponding category, for the amount of more than ₴615 000. The
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courts satisfied the suits on the penalties for the amount of approximately
₴789 000.
9. Ensuring of the independence and efficiency of the anti-corruption
bodies.
According to the Law of Ukraine "On Prosecution" a Specialized
Anti-Corruption Prosecution Office is created within the General Prosecutor's
Office of Ukraine (on the rights of an independent department) that performs such
functions:
1) supervision over the observance of the laws during the operationalinvestigative activities and preliminary investigations performed by the National
Anti-Corruption Bureau of Ukraine;
2) the maintenance of public prosecution in the corresponding proceedings;
3) the representation of the citizens or the State in court in cases stipulated
by this law in corruption-related or connected with corruption offences.
The composition formation bases of this body fully correspond to The
principles on the status of the national institutions for the promotion and
protection of human rights (the UN Paris Principles).
In particular, the Article 81 of the mentioned Law provides that the Head of
Specialized Anti-corruption Prosecution Office appoints its prosecutors according
to the results of the open competition conducted by the Selection Commission
consisting of the Head of the Specialized Anti-Corruption Prosecution Office and
other persons appointed by him/her and the Prosecutor General of Ukraine.
The composition of the Selection Commission as well as the procedures of
conducting of such open competition are determined by the Head of the
Specialized Anti-Corruption Prosecution Office.
The appointment to the administrative positions in the Specialized AntiCorruption Prosecution Office is provided by the Prosecutor General of Ukraine
according to the results of an open competition.
Organization and conducting of a competition is being carried out by the
Selection Commission, which consists of: 1) four persons appointed by the Council
of the Prosecutors of Ukraine; 2) seven persons appointed by the Verkhovna Rada
of Ukraine.
The information about the date, time, venue of a competition, the list of
candidates who submitted applications for participation in it, is being published on
the official website of the Prosecution General of Ukraine no later than 24 hours
before the beginning of the competition.
The Selection Commission elects three candidates for each of the
administrative positions in the Specialized Anti-Corruption Prosecution Office and
forwards this information (on those 3 candidates) to the Head of the Specialized
Anti-Corruption Prosecution Office for his/her consideration, who, in turn, elects
one candidate and submits his/her documents for consideration of the Prosecutor
General of Ukraine.
The information on the candidates for the post of the Head of the Specialized
Anti-Corruption Prosecution Office is being submitted directly to the Prosecutor
General of Ukraine for his/her consideration.
The competition for the administrative positions in the Specialized
Anti-Corruption Prosecution Office is being conducted publicly; journalists and
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media have free access to the Selection Commission meetings; the meetings are
being broadcasted on-line on the Internet.
The information about the time and place of the Selection Commission
meetings is being published on the official website of the Prosecutor General of
Ukraine no later than 24 hours before each meeting.
The Head of the Specialized Anti-Corruption Prosecution Office reports
directly to the Prosecutor General of Ukraine.
The Prosecutor General of Ukraine, his/her First Deputy and other Deputies
have no right to give instructions to the prosecutors of the Specialized AntiCorruption Prosecution Office and to carry out other activities that directly relate
to the powers of the prosecutors of the Specialized Anti-Corruption Prosecution
Office.
The Head of the Specialized Anti-Corruption Prosecution Office, his/her
First Deputy and Deputy can’t be transferred to another division of the Prosecutor
General’s Office of Ukraine or other regional or local Prosecutor Offices without
their agreement, within the term they have been appointed for.
Furthermore, the Law establishes other guarantees of the independence of
prosecutors, in particular: legislatively defined terms of financing and
organizational support of the Prosecution Office; proper financing, social and
pension support; functioning of the prosecutorial self-governance; determining of
the legal means to ensure personal safety of prosecutors, members of their families,
property as well as other means of their legal protection.
The open competition for the administrative positions in the Specialized
Anti-Corruption Prosecution Office is currently under way in Ukraine.
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