The Parliament plans to introduce immunity from corruption for the SSU, — AntAC

The Parliament plans to introduce immunity from corruption for the SSU, — AntAC

This week, the Verkhovna Rada of Ukraine is expected to pass in the final reading the draft law №11228-1 on amendments to the Criminal and Criminal Procedure Codes, as well as other laws concerning the regulation of counterintelligence activities against the intelligence and subversive actions of foreign state special services.

The draft law provides immunity from criminal liability for SSU employees, intelligence officers, and individuals they engage in cooperation, including protection from liability for corruption crimes, notes the Anti-Corruption Action Center.

The draft law was adopted in the first reading on June 5. According to the explanatory note, the tasks of counterintelligence or those cooperating with it during wartime may include actions for which responsibility is provided in the Criminal Code, including Articles 111 (state treason), 111-1 (collaborative activity), 258-3 (creation of a terrorist group), and 260 (creation of unlawful military or armed formations).

The Anti-Corruption Action Center emphasizes that the draft law introduces absolute immunity from criminal liability for SSU employees, intelligence officers, and their collaborators if the task could not avoid causing harm. It is not specified what kind of harm is meant — physical or to the state.

As stated by Darya Kalenyuk, executive director of the Anti-Corruption Action Center, the adoption of this draft law will allow certain law enforcement officers to avoid responsibility, particularly in cases being investigated by the National Anti-Corruption Bureau.

"SSU employees, such as Artem Shylo, who supervised ’Ukrzaliznytsia’ schemes for many years, could be exempt from criminal liability. Furthermore, if the SSU backdates tasks as counterintelligence operations, it will allow him to evade responsibility for already filed charges. Similar tasks can be assigned to other officials or those close to the president," she noted.

It is noteworthy that SSU counterintelligence operations are classified, and the Service will be able to involve other individuals, including current officials and businessmen, effectively granting them immunity from criminal liability, warns the Anti-Corruption Action Center.

Despite numerous objections, the relevant committee rejected all attempts to limit the immunity granted by the draft law and left vague wording that immunity applies if "harm could not be avoided."

"The Law Enforcement Committee has deliberately approved a version with minimal safeguards to push through the session hall an edition granting special services unlimited indulgences from criminal prosecution. This is an obvious sign that the authorities have not abandoned the intention to include in the legislation a tool for manually issuing indulgences," states the Anti-Corruption Action Center.