Investigative authorities of Ukraine have to deal with all criminal proceedings, regardless of whether their defendant in civil servants or not. This opinion to the edition «GORDON» was expressed by the ex-MP Vitaly Zhuravsky, commenting on the consideration by the parliamentary Committee of the bill on the functioning of the State Bureau of investigation (UIR).
«Today the Verkhovna Rada Committee on legislative support of law enforcement at 15.00 will be considered the government bill No. 6430 on amendments to some legislative acts on the functioning of the State Bureau of investigation. According to the Constitution, everyone is equal before the law. Article 21: «All people are free and equal in dignity and rights…». Article 24: «Citizens have equal constitutional rights and freedoms and are equal before the law.» Including before the criminal. Can’t be the investigating authorities separately for civil servants and separately – for the rest of Ukrainians,» – said Zhuravskii.
According to him, under this bill, RRT is going to deal exclusively with business crimes.
«At the suggestion of the Cabinet should complement the jurisdiction of RRT specific official posts (here added whole structure of the National Agency for prevention of corruption, judges of the constitutional Court, members of the High Council of justice, etc.). The question arises, why write it in the law, because the criminal code defines specific offences, not perpetrators. A killer is a killer, a bribe is a bribe, no matter what position he may be working. Under this bill, the State Bureau of investigation is only concerned with white collar crimes. And the other crimes committed by citizens of Ukraine, who will investigate? Prosecutors, police, SBU?» – said the interlocutor.
He believes that prosecutors should not conduct investigations.
«RRT structure as needed. And it is time to remove the investigation from the Prosecutor’s office and to concentrate in one body. According to the theory of criminal law and criminal procedure, and under current law differ, the concept of investigative activities and investigative. The investigation for UIR, and investigative – for the police. By the way, this is a versatile training and mixing it not worth it. Specialists in investigative preparing for a special closed programs in specialized schools. The investigator can only control such employees, without interfering in the details of their activities,» – said Zhuravskii.
In his opinion, the Ukrainian authorities are keen to investigative activities engaged in RRG.
«RRT on these bills will take unusual function – investigative activities. And it had to be cooperation and coordination with the interior Ministry, to avoid conflict of interest between RRG and MIA. For the government is the most dangerous operative-investigative activity. That the officers of this service are searching for hidden accounts, real estate criminals in positions outside of Ukraine. Therefore, there is a temptation in this activity to drive under the roof of the RRG, which in its current form controlled by the Bank. Politics here does not live by some!» – concluded the source.
The law on the State Bureau of investigation was adopted by the Verkhovna Rada on 2 November 2015 and is part of the so-called package of a visa-free laws. The President signed it in January 2016, and March 1, the law came into force.
16 Nov 2017 competition Commission, elected Roman Pipe the Director of the State Bureau of investigation, Olga Varchenko – first Deputy head of the RRG, and Alexander Buryak, Deputy Director of the Bureau.
From 20 November only investigators RRT have the right to investigate crimes committed by former presidents, senior government officials, members of the Central election Commission, deputies of the Verkhovna Rada, the leadership of the Prosecutor General of Ukraine, head of the National Bank, judges, law enforcement officers, officials of anti-corruption bodies.
The Prosecutor General of Ukraine Yuriy Lutsenko said that the formation of the state of the state Bureau of investigation may be delayed for a year. According to him, during this time, the investigation will have to lead the security Service of Ukraine and Ministry of internal Affairs in cooperation with former investigators of the Prosecutor’s office, which will be called procedural heads.
Zhuravskii: can’t be the investigating authorities separately for civil servants and separately – for the rest of the Ukrainians 28.02.2018