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INSTITUTIONAL CAPACITY OF THE ECONOMIC SECURITY BUREAU AS AN INTEGRAL PART OF UKRAINE’S ECONOMIC RESILIENCE

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    Anti-Corruption Center MEZHA has prepared an analysis of the progress of the reform of the Economic Security Bureau of Ukraine (hereinafter – ESBU or the Bureau), the issues related to the legal regulation of the ESBU’s status, and its needs in terms of operational, investigative and analytical capabilities. The analysis has identified key institutional challenges that hinder the Bureau’s ability to function effectively, along with recommendations for addressing them.

    The key steps identified for rebooting the ESBU in 2025 were an independent competitive selection process for the position of Director of the ESBU and the re-attestation of its personnel.

    Despite resistance from the authorities, who were reluctant to lose political influence over the body maintained through loyal leadership, the Government ultimately appointed Oleksandr Tsyvinskyi as Director of the ESBU on 6 August 2025.

    The appointment came after 27 days of unlawful delay and attempts to discredit the winner of the competition. The Government made its decision only under pressure from civil society, despite unlawful interference in the work of the selection commission, procedural obstruction by the Security Service of Ukraine and the prolonged disregard of the competition results.

    Although the Government ultimately appointed the winner of the independent competitive selection process, discussions regarding influence over the ESBU’s activities and the limits of its institutional autonomy did not cease and continued to manifest in various forms:

    1) The Bureau received limited funding for reforms and institutional strengthening under the approved 2026 State Budget.

    2) On 29 August 2025, members of the Committee on Law Enforcement of the Verkhovna Rada of Ukraine introduced amendments to Draft Law № 12439 dated 24 January 2025 that could negatively affect the institutional autonomy of the ESBU and its capacity to effectively investigate economic crimes.

    Members of the parliamentary law enforcement committee proposed granting the Prosecutor General, his deputies, and regional prosecutors the authority to independently determine in which ESBU-jurisdiction cases criminal proceedings should be initiated.

    In March 2026, the draft law once again received the Committee’s support, while MPs did not withdraw the respective initiative, indicating that the risk of its adoption remains.