The news about the exposure of the current People's Deputy from the banned pro-Russian party Opposition Platform - For Life (OPFL) Fedir Khrystenko as an FSB agent shocked Ukrainians. According to the Prosecutor General's Office, Khrystenko was recruited back during the time of ex-president Viktor Yanukovych and, even after the start of the full-scale invasion, continued to coordinate his actions with the enemy. In particular, he extended his illegal influence over detectives of the National Anti-Corruption Bureau of Ukraine. But there is another MP in parliament who is also clearly exerting illegal influence, writes UNN.
According to the investigation, he influenced NABU detectives, including Ruslan Magamedrasulov, who has already been served with a notice of suspicion, and Oleksandr Skomarov, whose detectives helped fugitive oligarch Hennadiy Boholyubov cross the border. Moreover, Khrystenko tried to use his agent network in NABU to resolve cases against another scandalous oligarch — Ihor Kolomoiskyi.
The discovery of a Russian agent's nest in the National Anti-Corruption Bureau of Ukraine under the leadership of a traitorous MP is not an ordinary event. However, it is clearly too early for law enforcement officers to relax.
In the context of attempts at illegal influence, it is worth paying attention to other manifestations of abuse of influence in the Ukrainian parliament, when people's deputies work for a "big uncle," even if not from the Russian Federation. One such example may be Serhiy Kuzminykh, head of the subcommittee on pharmacy and pharmaceutical activities of the Verkhovna Rada Committee on National Health, Medical Care, and Medical Insurance.
Abuse of influence: when lobbying crosses the line
The scheme by which MP Kuzminykh apparently operates can be qualified under Part 2 of Article 369-2 of the Criminal Code of Ukraine. This refers to accepting an offer, promise, or receiving an undue benefit for oneself or a third party for influencing a decision by a person authorized to perform state or local government functions, or offering or promising to exert influence for providing such a benefit. This article provides for criminal liability - imprisonment for up to 5 years.
If this is combined with extortion of undue benefit, the responsibility is stricter - up to 8 years in prison with confiscation of property.
In the construct with Kuzminykh's probable abuse of influence, there are all the elements that confirm attempts at illegal influence.
There is a pharmaceutical manufacturer interested in changing the rules of the game in the pharmaceutical market. This company has been promoting legislative initiatives for almost a year to completely ban marketing agreements between pharmacies and manufacturers. This is not just an idea to save money from the ban. This is consistent lobbying for new regulation that will allow the plant to displace small drug manufacturers from the market and become a monopolist.
On the other hand, there is a people's deputy involved in promoting the necessary changes to legislation for the pharmaceutical manufacturer. It was Serhiy Kuzminykh, accused of bribery, who became the mouthpiece of "Darnytsia" in parliament and actively promotes the decisions needed by the company.
His influence is manifested, in particular, in his public and non-public activities – statements, social media posts, comments to the media, as well as at closed meetings with government representatives and market participants. The MP repeats almost verbatim the theses of the manufacturing plant like a mantra, and his initiatives coincide with the aspirations of the plant.
What is this, if not an agreement to resolve the issue? What is this, if not illegal influence? What is this, if not undisguised lobbying? In this context, it is too difficult to believe in the parliamentarian's good intentions and his honesty.
Kuzminykh's behavior resembles a classic model of abuse of influence: a commercial entity offers a benefit, and the deputy, authorized to perform state functions, agrees to it and, using his status, tries to influence state policy and regulatory decisions.
In both the case of Khrystenko and the case of Kuzminykh, we are clearly dealing with illegal influence. The only difference is that one acted in the interests of the enemy - the Russian Federation, and the other - in the interests of a separate business group, which, in the conditions of a full-scale war, economic turbulence, and patient vulnerability, is no less dangerous.
Formally, both situations contain signs of a criminal offense. But one has already come to the attention of law enforcement, while the other has not yet. In subsequent materials, we will dwell in more detail on the probable facts of MP Kuzminykh's abuse of influence, so that law enforcement still pays attention to what is currently happening behind the scenes of the Rada.
Recall
Earlier, MP Serhiy Kuzminykh, head of the subcommittee on pharmacy and pharmaceutical activities of the Verkhovna Rada Committee on National Health, was caught red-handed receiving an undue benefit of UAH 558,000. According to the investigation, he received the funds for facilitating the signing of contracts between private companies and one of the hospitals in the Zhytomyr region for the supply of medical equipment.
At the end of January 2022, NABU recorded the transfer of money and published a video about it. In it, a person with a voice similar to Kuzminykh's promises his assistance and adds that he can resolve issues with all medical institutions in the region.
On January 31, 2022, then-Prosecutor General Iryna Venediktova signed a notice of suspicion for him. Serhiy Kuzminykh was not detained due to "deputy immunity," but he ignored interrogations, which led to him being declared wanted. After several days of "hiding," the MP was finally detained for the selection of a preventive measure.
In May 2022, Kuzminykh was chosen a preventive measure in the form of bail of 49,600 hryvnias. Of course, the bail for the people's deputy was paid.
In September 2022, the indictment in the case against Kuzminykh was sent to the High Anti-Corruption Court for consideration on the merits. The stage of evidence examination is currently underway. However, the consideration of the case is delayed, in particular, due to Kuzminykh's frequent non-appearance. According to information provided by the High Anti-Corruption Court, the MP missed 22 court hearings.