Ukraine undertakes to repeal 'Lozovy amendments', grant SAPO authority to extradite by late July 2025 - updated memo with IMF
Ukraine undertakes to amend the Criminal Procedure Code, which will empower the Specialized Anti-Corruption Prosecutor's Office (SAPO) to manage extradition requests, as well as abolish the mandatory closure of a pre-trial investigation due to the expiration of the pre-trial investigation period after reporting suspicion (the so-called "Lozovy amendments") by the end of July 2025.
"To strengthen effective procedures for corruption investigations, further amendments to the Criminal Procedural Code will be enacted, including to enable the Prosecutor General to delegate to the SAPO the management of extraditions and mutual legal assistance requests in relation to corruption investigations, remove the mandatory dismissal of pre-trial investigations due to the lapse of time limits of pre-trial investigation after notice of suspicion," reads the document updated based on the seventh review of the Extended Fund Facility for Ukraine, published on the website of the IMF.
"With the aim of appropriately balancing the objectives of prompt and comprehensive investigations of criminal offenses and protection of rights of parties in criminal proceedings, upon expiration of the timelines and motion of the defendant or affected parties, enable the investigating judge to compel in a timely manner the prosecutors to decide on the pre-trial investigation (either close the proceeding or complete the pre-trial investigation), or reject the motion (structural benchmark, end-December 2024, not met and proposed to be reset for end-July 2025)," it says.
"As provided for in the law, the external audit of the NABU’s effectiveness with participation of three independent experts with international experience will be completed and its report published (structural benchmark, end-February 2025, not met and proposed to be reset for end-July 2025)," it adds.
"The auditors continue to gather and assess information and have received good cooperation with the NABU and other relevant stakeholders. Based on the analysis conducted by the auditors, the audit report will include clear, reasoned, and evidence-based conclusions as well as prioritized recommendations on the effectiveness of NABU and its operational and institutional independence," according to the document.
"Consistent with our broader reform plans for the forensic expert system for criminal law enforcement, we will ensure that the NABU by end-July 2025 has access to independent and competent forensic experts, to enable it to effectively conduct its investigative mandate, including investigating complex corruption schemes," it says.