Verkhovna Rada Committee Supports Expansion of Prosecutor’s Office Powers: Details of the Bill
Ілюстративне фото
The Verkhovna Rada Committee on Law Enforcement Activities has supported draft law No. 16026, which provides for the expansion of the powers of the prosecutor’s office. The document may effectively return the mechanism of general supervision, allowing prosecutors to demand documents and explanations from the media and business without opening criminal proceedings and obtaining permission from an investigating judge.
This was announced by the Chairman of the Board of the Anti-Corruption Center, Vitaliy Shabunin.
What powers can prosecutors obtain?
Shabunin criticized the legislative initiative, stating that it would allow the prosecutor’s office to interfere in the work of any media outlet or enterprise without the need to open criminal proceedings.
According to him, the reason for such intervention could be journalistic investigations or business activities that the prosecutor considers to threaten national interests.
In particular, he gave the example of an editorial office that published an investigation into the assets of a deputy, prosecutor, or SBU employee. In such circumstances, the prosecutor will be able to demand documents, contracts, and internal correspondence from journalists, citing the use of information from open sources.
According to the head of the CPC, similar powers can be applied to entrepreneurs. For example, a prosecutor may recognize a certain contract as a threat to fundamental national interests, to which the draft law refers, in particular, sustainable economic development.
What are the consequences of failing to comply with the prosecutor’s office’s requirements?
As Shabunin explained, after receiving the relevant request, the addressee will have five days to provide the requested documents and explanations. Failure to do so will result in liability.
At the same time, according to him, it will be difficult to appeal such demands, since criminal proceedings have not yet been opened.
Shabunin called the proposed mechanism the restoration of general supervision of the prosecutor’s office, a tool that Ukraine abandoned in 2016. He also noted that the authors of the bill justify the changes by implementing the decision of the Constitutional Court, although, in his opinion, the court demanded, on the contrary, to limit the intervention of prosecutors to a clearly defined list of cases.
What other changes are proposed for the prosecutor’s office?
Separately, Shabunin mentioned draft law No. 16144 on the reform of the prosecutor’s office, which the Verkhovna Rada had previously supported as a basis.
He criticized the document for the lack of a competitive selection process for the position of Prosecutor General and a vetting of the current heads of the prosecutor’s office. According to him, the current heads will remain in their positions and will continue to independently select personnel.
The Chairman of the CPC linked these legislative initiatives to the consequences of the Carthage case and stated that instead of updating the prosecutorial system, the authorities propose to maintain the current structure and expand its powers.
Also follow “Pryamim” on Facebook, X, Telegram, and Instagram.