Problem

A number of procedures for conducting investigative (detective) activities are burdensome and could be simplified in line with the case-law of the European Court of Human Rights. Certain requirements for temporary access to items and documents and searches can be revised without prejudice to the interests of individuals. One of the investigative activities – monitoring of bank accounts – cannot be carried out in practice due to flaws in legal regulation.
The electronic criminal proceedings system ("iCase") is already used by the National Anticorruption Bureau and the Specialized Anticorruption Prosecutor's Office, but not yet by the High Anticorruption Court. This system is not currently integrated with the Unified Register of Pretrial Investigations and the Unified Judicial Information and Telecommunication System, and is not used in criminal proceedings where the pretrial investigation is being conducted by other agencies.
The National Anticorruption Bureau and the Specialized Anticorruption Prosecutor's Office have not yet been provided with sufficient guarantees of institutional and operational independence. For example, the National Anticorruption Bureau cannot independently collect data from electronic communication networks, and the Bureau faces obstacles in conducting expert examinations as part of criminal proceedings. The National Anticorruption Bureau lacks staff despite a significant increase in the workload compared to the volume at the beginning of the agency's work. The powers of the management of the Specialized Anticorruption Prosecutor's Office need to be optimized. Procedures for selecting the head of the Specialized Anticorruption Prosecutor's Office need to eliminate the risks of politicization of the selection process.
The effectiveness of the National Anticorruption Bureau and the Specialized Anticorruption Prosecutor's Office is impaired due to limited opportunities for plea bargaining in proceedings under the jurisdiction of the National Anticorruption Bureau, as well as a lack of incentives for suspects and the accused to enter into plea deals. The problem of unreasonable failure to respect the jurisdiction of the National Anticorruption Bureau, in particular in criminal proceedings with a high public profile, remains a systemic one.
The low effectiveness of the summarized materials provided by the State Financial Monitoring Service to the National Anticorruption Bureau necessitates an analysis of the reasons for this state of affairs. The issue also arose about the need to exchange information in electronic form – so far, the procedure for data exchange provides for the possibility of exchanging data also in hardcopy form.