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Automatically translated version. May contain inaccuracies compared to the original.
Prosecution reform for insiders: 1900 positions, controlled competitions, and corruption risks
The Cabinet of Ministers of Ukraine is proposing a prosecution reform that preserves personnel control within the existing system. Draft law No. 16144 provides competitions for nearly 1900 leadership positions, but most seats on the commissions will go to current prosecutors. International experts with decisive votes are excluded, and there is no independent competition for the prosecutor general position. Consideration of the document is scheduled for 10 November 2026, reports Ukrainska Pravda.
Draft law No. 16144 was submitted on 12 October by the Cabinet of Ministers of Serhii Koretskyi. Already on 27 October, Serhii Ionushas’s committee recommended adopting it in principle and in full; however, on 9 November the anti-corruption committee identified provisions that contradict anti-corruption legislation and create corruption risks.
Personnel appointments are transferred to the Prosecutors’ Council composed of 15 people: ten representatives of regional and district prosecutor’s offices, two from the Office of the Prosecutor General (OPG), one from the Specialized Anti-Corruption Prosecutor’s Office (SAP), and two scholars. It will select deputy prosecutors general and heads of territorial prosecutor’s offices. Other competitions will be conducted by seven-member commissions: six prosecutor-leaders and a representative of the Council. Candidate nominations are proposed by the heads of prosecutor’s offices and the OPG. The Council of Ethical Standards will also receive a majority tied to prosecutorial self-governance: four of seven seats, the rest for representatives of the Disciplinary and Qualifications Commission of Prosecutors (DQCP), the bar, and the legal community.
Expert Yevhen Krapyvin points to the Prosecutors’ Council’s dependence on the prosecutor general: after 2019 the year, its recommendations on appointments effectively became a formality. Olena Shcherban from the Anti-Corruption Center warns of the persistence of controlled personnel and disciplinary bodies.
An example of corruption risks is the NABU and SAP operation “Carthage,” case No. 52026000000000295. Deputy head of the OPG department Serhii Kropyva (“Chancellor”) and alleged accomplices are suspected of covering up fraudulent call centers and laundering 89,9 million UAH. According to the investigation, more than 20 million UAH were spent on real estate and valuables, 12 million on assets of front persons, and 10 million placed in relatives’ accounts as purported business income. The investigation materials discuss 505 call centers and payments of about $7000 monthly from each — potentially $3,5 million per month. Kropyva denies the charges.
The European Commission on 4 November demanded changing the appointment and dismissal of the prosecutor general, canceling out-of-competition appointments and transfers, limiting his access to investigation materials, and strengthening disciplinary independence. But draft No. 16144 preserves the previous procedure for selecting the prosecutor general. The Office of the President is ready to discuss only an advisory group that proposes candidates.
Former prosecutor general Ruslan Riaboshapka proposed a different model: a National Council of 11 people — five prosecutors and six representatives of civil society and international experts; three commissions for selection, evaluation, and discipline with parity 4 to 4. In February of 2020, the prosecutor’s office took on 100 specialists from outside. Riaboshapka spoke of pressure from deputies and business groups, including the circles around Ihor Kolomoyskyi, Oleh Bakhmatiuk, and Kostyantyn Zhevaho, who demanded keeping their people.
Head of the anti-corruption committee Anastasiia Radina warns of the persistence of the prosecution’s political dependence without an independent prosecutor general. Despite the identified corruption risks, the relevant committee has already recommended the draft law for adoption.
Incredible, but true....
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