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Оlena Gulak, Viktoriia Halai, Pozniakov Spartak, Pavlo Parkhomenko y Maryan Hurkovskyy
Policy issues and legal support for the activity of the State Bureau of Investigation in Ukraine
1. among the list of specially authorized entities in the eld of anti-
corruption - the prosecutor’s oce, the National Police, the National
Anti-Corruption Bureau of Ukraine, and the National Agency for the
Prevention of Corruption;
2. and at the same time, including, following the latest changes
stipulated by the provisions of the Law of Ukraine No. 1502-IX dated
01.06.2021 (Law of Ukraine, 2021b), among the regular channels
of reporting on possible facts of corruption or corruption-related
oenses − methods of protected (including anonymous) reporting
of information by the whistleblower to the prosecutor’s oce, the
National Police, the National Anti-Corruption Bureau of Ukraine,
the National Agency for the Prevention of Corruption, and the State
Bureau of Investigation (Law of Ukraine, 2014).
Part 2 of Article 12, “Composition of the Security and Defense Sector”
of the Law of Ukraine “On National Security of Ukraine” refers to the
security and defense sector: “Ministry of Defense of Ukraine, Armed
Forces of Ukraine, State Special Transport Service, Ministry of Internal
Aairs of Ukraine, National Guard of Ukraine, National Police of Ukraine,
State Border Service of Ukraine, State Migration Service of Ukraine, State
Emergency Service of Ukraine, Security Service of Ukraine, The Anti-
Terrorist Center under the Security Service of Ukraine, the Judicial Security
Service, the State Security Oce of Ukraine, the State Service for Special
Communications and Information Protection of Ukraine, the Apparatus
of the National Security and Defense Council of Ukraine, the intelligence
agencies of Ukraine, the central body of executive power that ensures the
formation and implementation of state military-industrial policy” (Law of
Ukraine, 2018), without including the body under study.
Therefore, regardless of the lack of a classication of the State Bureau
of Investigation both in the main and in the relevant legislation as an anti-
corruption body and a body in the system of ensuring domestic national
security, we see the need for such a legal step, since de facto. Accordingly,
intermediate norms of the current legislation, the SBІ performs these
functions directly.
At one time, special anti-corruption laws were adopted (in particular,
Laws of Ukraine: “On the Anti-Corruption Bureau of Ukraine” and “On the
State Bureau of Investigation”). However, they were not harmonized with
the Constitution of Ukraine. This incompleteness of the previous parliament
gave rise to many legal conicts.
Thus, the director of the National Anti-corruption Bureau of Ukraine
was appointed in April 2015 by issuing a corresponding Decree of the
President of Ukraine, which the Constitution of Ukraine does not provide
as the exclusive authority of the highest ocial of the Ukrainian state.