Other pre-trial investigation bodies
According to the CPCU, the jurisdiction of other pre-trial investigation bodies do not include grave international crimes. Yet, certain aspects of their work are connected to the investigation of the consequences of the armed conflict in Ukraine after 24 February 2022.
The National Anti-Corruption Bureau is a part of the system of anti-corruption system[349], so its jurisdiction covers corruption offences perpetrated by officials[350]. Following Russia’s full-scale invasion of Ukraine, NABU detectives also gathered evidence related to the consequences of the armed conflict in Ukraine, which included examining information from open sources and documenting their findings. According to official statements by NABU, its detectives also participated in the pre-trial investigation of violations of the laws and customs of war in the Kyiv region[351].
At the same time, NABU's work is also closely related to the tracing and seizing assets of the Russian Federation within the Task Force - the Interagency Working Group on Prosecution of Persons Responsible for Aggression Against Ukraine, Tracing, Seizure and Further Confiscation of Their Assets[352]. Its work involves analysing assets of both private individuals and legal entities to identify beneficiaries based in the Russian Federation. They are also being checked for any involvement in the encroachment on the territorial integrity of Ukraine within the framework of the so-called ‘umbrella proceedings’ on the fact of Russia's full-scale invasion of Ukraine. As publicly mentioned, the results of the Task Force’s efforts could serve as a source of compensation for the consequences of Russia's actions on the territory of Ukraine. However, in 2023, the Task Force's activity became less noticeable. Most likely, this is due to a large number of problems both at the level of legislation and at the level of political discussions related to the process of seizing Russian assets. Additionally, the High Anti-Corruption Court of Ukraine is already considering cases on the recovery of assets and issuing relevant decisions[353].
The Economic Security Bureau of Ukraine is a relatively new law enforcement authority in the Ukrainian system[354]. Its jurisdiction is related to the so-called ‘economic crimes’[355] and is quite removed from investigating the consequences of the armed conflict in Ukraine. Nevertheless, ESBU investigators are also involved in the search and seizure of Russian assets within the Task Force[356].
The role of the NABU and the ESBU in investigating the consequences of the armed conflict on the territory of Ukraine is related to the analysis of the economic conditions for activities of Russian and Belarusian entities in Ukraine. Discussions are still ongoing regarding the legal framework for the seizure of their assets and subsequent recovery. The possibility of establishing legislative mechanisms that would allow their resources to be used as a compensation fund for damages from the armed conflict is also under consideration.
During the armed conflict, Ukraine's pre-trial investigation authorities remain the ones who are responsible for responding to and documenting the offences. The quality and effectiveness of their efforts determines the content and scope of evidence collected for grave international crimes, which later becomes the basis for administering justice. Each law enforcement authority faces its own unique challenges in this regard, but their collective effort requires coordination. Since no single pre-trial investigative body can cope with the investigation of the consequences of the armed conflict on the territory of Ukraine on its own, the allocation of their resources depends on the decisions of procedural supervisors in criminal proceedings. Furthermore, the rules of jurisdiction set out in the CPCU require amendments that will resolve procedural conflicts and allow the investigative bodies to avoid dependence on the SBU in such investigations and to conduct investigations independently. However, the main challenge for each law enforcement authority is to increase qualification and develop competences of investigators through practical and continuous learning of effective application of international humanitarian and criminal law standards.
