European Commission concerned about "systematic pressure" on NABU and SAPO and calls for SBU reform – draft report
The European Commission considers Ukraine's anti-corruption bodies effective and independent, but is sounding the alarm over attempts to pressure the National Anti-Corruption Bureau of Ukraine (NABU) and the Specialized Anti-Corruption Prosecutor's Office (SAPO). In a draft annual report on Ukraine's progress toward EU membership, Brussels recommends expanding the bureau's jurisdiction, ending the SBU's monopoly on wiretapping and reforming the security service.
This is stated in a European Commission document obtained by Radio Liberty, Censor.NET reports.
Assessment of anti-corruption bodies and concerns over pressure
Ukraine's institutional framework for combating corruption remains effective, and its specialized anti-corruption bodies operate independently and effectively, according to the September draft of the European Commission's annual report on Ukraine's progress.
- At the same time, the document expresses concern over "persistent attempts to exert systematic pressure on the independence and operations of NABU and SAPO." These include ongoing criminal investigations, surveillance of NABU employees by other law enforcement and security agencies, and media campaigns aimed at discrediting the anti-corruption bodies and their leadership.
Forensic examinations, wiretapping and jurisdiction
The draft also identifies problems with NABU's timely access to impartial forensic examinations — an issue requiring urgent resolution. It separately notes that, in practice, the bureau still lacks the ability to intercept communications independently.
- The European Commission recommends reviewing and expanding NABU's jurisdiction to cover all public offices with a high corruption risk, including the leadership of the Presidential Office and heads of regional administrations.
"Interference by other law enforcement agencies in NABU's exclusive investigative jurisdiction remains a problem that undermines NABU's powers, and appropriate legal safeguards must be introduced to address it," the draft report states.
The report recommends allowing the head of SAPO to independently initiate investigations and approve investigative measures involving members of parliament without relying on the prosecutor general.
What the report says about the SSU
The Security Service of Ukraine is not explicitly mentioned in the context of pressure on NABU and SAPO. However, the report separately discusses its "de facto monopoly on intercepting communications," which the European Commission calls for ending, alongside reforming the service itself.
"No significant steps were taken during the reporting period to reform the Security Service of Ukraine (SSU). It is important to focus the SBU's powers on national security tasks," the document states.
The European Commission proposes transferring the SBU's pretrial investigation functions to specialized law enforcement agencies or "strictly limiting them to crimes related to its core mandate," as well as strengthening internal and external oversight mechanisms for the service.
NACP and the asset declaration system
The European Commission notes that doubts have been raised about the impartiality and effectiveness of the National Agency on Corruption Prevention (NACP) "in certain areas of its work" and stresses the need to implement the recommendations of the independent assessment conducted back in 2023.
According to the draft's authors, the asset declaration system needs to be strengthened to prevent and better detect unexplained wealth. They recommend expanding the range of people required to declare their assets to include advisers and assistants to senior officials, as well as senior executives of all state-owned enterprises.
"The qualifications, professionalism, integrity and accountability of anti-corruption officials must also be enhanced," the draft stresses.
The document is scheduled for official publication on October 28 as part of the EU's annual Enlargement Package, which includes assessments of the progress made by countries seeking EU membership.
