The IMF obliged Ukraine to cancel the “Lozovyi amendments” and expand the powers of the SAPO in the field of extradition
The IMF obliged Ukraine to make changes to the Criminal Procedure Code, which will expand the powers of the Specialized Anti-Corruption Prosecutor’s Office (SAP) in the field of extradition requests, as well as cancel the rule on the mandatory closure of proceedings in the event of the completion of the pre-trial investigation period after the service of suspicion – the so-called “Lozovoy amendments”. About this it is said in the updated Memorandum with the IMF.
“In order to increase the effectiveness of the investigation of corruption crimes, further changes will be made to the Criminal Procedure Code, in particular, giving the Prosecutor General the opportunity to delegate to the SAP the management of requests for extradition and mutual legal assistance in connection with corruption investigations, canceling the mandatory closure of the pre-trial investigation due to the expiration of the period of the pre-trial investigation after notification of suspicion”, the updated document says.
It is expected that the relevant changes will be adopted by the end of July 2025. The document also provides for new mechanisms that will allow the investigating judge to quickly force the prosecutor to make a decision on the further course of the pre-trial investigation (it is about its completion, closing the case or refusing to continue it), if the time limit has passed and the prosecution or the victims submit a corresponding request.
Initially, these changes were planned to be implemented by the end of December 2024, but due to the lack of adopted legislation, their implementation was postponed until July 2025. In addition, the process of external audit of the National Anti-Corruption Bureau of Ukraine (NABU) continues until the specified deadline. The audit was previously scheduled to be completed by February 2025, but the commitment was not met on time.
“The auditors continue to collect and evaluate information and cooperate well with NABU and other relevant stakeholders. Based on the analysis conducted by the auditors, the audit report will contain clear, reasoned and evidenced conclusions, as well as priority recommendations regarding the effectiveness of NABU and its operational and institutional independence.”, – stated in the document.
Among other obligations, NABU has access to independent and competent judicial experts also until the end of July 2025.
