SCIENTIFIC CONCLUSION on the doctrinal interpretation of the content of Articles 36 and 284 of the Criminal Procedure Code of Ukraine, referred to in the letter from the head of the Main Detective Division of the National Anti-Corruption Bureau of Ukraine
Review
This scientific conclusion examines the compatibility of the Constitution of Ukraine, the Criminal Procedure Code, and the Laws “On the Prosecutor’s Office” and “On the State Bureau of Investigation” with the changes in the prosecutor’s pre-trial investigation powers after 20 November 2017. It is determined that, under Art. 9 of the Transitional Provisions of the Constitution and the relevant transitional provisions of the CPC and the Law “On the Prosecutor’s Office,” the prosecutorial investigators’ temporary authority to initiate or register new criminal proceedings within the SBI’s jurisdiction expired on 20 November 2017. Thereafter, they may only continue investigations of cases they themselves opened before that date—and only within the prescribed transitional time limits. No procedural mechanism exists for “returning” cases from NABU or the SBI back to the prosecutor’s office.