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Оlena Gulak, Viktoriia Halai, Pozniakov Spartak, Pavlo Parkhomenko y Maryan Hurkovskyy
Policy issues and legal support for the activity of the State Bureau of Investigation in Ukraine
1.  among  the  list  of  specially  authorized  entities  in  the  eld  of  anti-
corruption - the prosecutor’s oce, the National Police, the National 
Anti-Corruption Bureau of Ukraine, and the National Agency for the 
Prevention of Corruption;
2.  and at the same time, including, following the latest changes 
stipulated by the provisions of the Law of Ukraine No. 1502-IX dated 
01.06.2021 (Law of Ukraine, 2021b), among the regular channels 
of reporting on possible facts of corruption or corruption-related 
oenses − methods of protected (including anonymous) reporting 
of information by the whistleblower  to  the prosecutor’s oce, the 
National Police, the National Anti-Corruption Bureau of Ukraine, 
the National Agency for the Prevention of Corruption, and the State 
Bureau of Investigation (Law of Ukraine, 2014).
Part 2 of Article 12, “Composition of the Security and Defense Sector” 
of the Law of Ukraine “On National Security of Ukraine” refers to the 
security and defense sector: “Ministry of Defense of Ukraine, Armed 
Forces of Ukraine, State Special Transport Service, Ministry of Internal 
Aairs of Ukraine, National Guard of Ukraine, National Police of Ukraine, 
State Border Service of Ukraine, State Migration Service of Ukraine, State 
Emergency Service of Ukraine, Security Service of Ukraine, The Anti-
Terrorist Center under the Security Service of Ukraine, the Judicial Security 
Service, the State Security Oce of Ukraine, the State Service for Special 
Communications and Information Protection of Ukraine, the Apparatus 
of the National Security and Defense Council of Ukraine, the intelligence 
agencies of Ukraine, the central body of executive power that ensures the 
formation and implementation of state military-industrial policy” (Law of 
Ukraine, 2018), without including the body under study.
Therefore, regardless of the lack of a classication of the State Bureau 
of Investigation both in the main and in the relevant legislation as an anti-
corruption body and a body in the system of ensuring domestic national 
security, we see the need for such a legal step, since de facto. Accordingly, 
intermediate  norms  of  the  current  legislation,  the  SBІ  performs  these 
functions directly.
At one time, special anti-corruption laws were adopted (in particular, 
Laws of Ukraine: “On the Anti-Corruption Bureau of Ukraine” and “On the 
State Bureau of Investigation”). However, they were not harmonized with 
the Constitution of Ukraine. This incompleteness of the previous parliament 
gave rise to many legal conicts.
Thus, the director of the National Anti-corruption Bureau of Ukraine 
was appointed in April 2015 by issuing a corresponding Decree of the 
President of Ukraine, which the Constitution of Ukraine does not provide 
as  the  exclusive  authority  of  the  highest  ocial  of  the  Ukrainian  state.