Bill No. 13533 clarifies the powers of the Specialized Anti-Corruption Prosecutor’s Office (SAPO) and the rules governing entry into residential premises.

In analyzing Draft Law No. 13533 (hereinafter referred to as the “Draft Law”), the first thing to note is that this bill effectively restores the provisions of the Code of Criminal Procedure of Ukraine to the form in which they existed prior to July 22, 2025—that is, prior to the adoption of Law No. 4555-IX. At the same time, the Bill, in paragraph 2 of part two of Article 36, in part three of Article 39, in the fourth part of Article 40, and in the fifth part of Article 218 of the Code of Criminal Procedure of Ukraine, somewhat expands the powers of the Prosecutor General, though with specific provisions limiting them—unlike Law No. 4555-IX— that is, overall, the Bill restores a certain degree of autonomy to the Specialized Anti-Corruption Prosecutor’s Office. At the same time, the Bill reinstates the previous version of Article 233 of the Code of Criminal Procedure of Ukraine, under which entry into a dwelling or other premises, without a warrant from an investigating judge, was permitted only in urgent cases related to saving human lives and property or to the immediate pursuit of persons suspected of committing a criminal offense.

Law No. 4555-IX, however, provides for the possibility of entering a dwelling or other premises without a ruling by an investigating judge, in urgent cases related to saving human lives, preventing an immediate threat to their health, sexual freedom, or personal safety, or to the direct pursuit of persons suspected of committing crimes provided for in Articles 112, 115–119, 121, 122, 124, 127, 129, 135, 136, 146, 147, 149, 152–156, necessity 258, 258', 259 of the Criminal Code of Ukraine, or in the event of the urgent seizure or preservation of evidence related to such crimes.

In my view, the provisions of Law No. 4555-IX are more appropriate in this regard, as they are more specific. However, the issue of applying Article 233 of the Code of Criminal Procedure of Ukraine remains unresolved—neither in Law No. 4555-IX nor in the draft bill, since—despite the fact that these provisions do not mention searches without an investigative judge’s warrant, but only entry into a dwelling or other premises without such a warrant—in practice, it has come to be interpreted as permission to conduct a search without a warrant from an investigating judge, which in turn does not correspond to the essence of Article 233 of the CPC; that is, the legislature should now resolve this practical issue with a clear provision stating that Article 233 of the CPC does not pertain to searches.

It is necessary to note the final provisions of the Draft Law, which establish an obligation for employees of the NABU, the SAP, the BEB, the DBR, and the Office of the Prosecutor General of Ukraine, and the National Police to undergo polygraph examinations at least once every two years—examinations involving state secrets—to determine whether they have engaged in actions benefiting an aggressor state. At the same time, it is unclear why such examinations should not be conducted on SBU employees.

Efforts to locate and extradite individuals evading pretrial investigation, trial, or the serving of sentences are being intensified.

A ban is imposed, during martial law, on NABU employees traveling abroad, except in cases of official business trips.

The bill also amends the Law of Ukraine “On the Prosecutor’s Office” to stipulate that the superior prosecutor for the heads of directorates and departments, their deputies, and prosecutors of the Specialized Anti-Corruption Prosecutor’s Office (SAPO) is the Deputy Prosecutor General—Head of SAPO, his first deputy, and his deputy, for the deputy head of the SAPO. It also establishes that the Deputy Prosecutor General—Head of the SAPO—exercises the powers of the head of a prosecutorial body as provided for in the Criminal Procedure Code of Ukraine.

Overall, the bill is consistent with the concept and objective of establishing and operating anti-corruption agencies.