The state Bureau of Investigation has long had a practice of non-compliance with the decisions of investigative judges. Law enforcement officers, in particular, are in no hurry to recognize individuals as victims in criminal proceedings, because after that they are given more work. This opinion was expressed in an exclusive comment to UNN by the Managing Partner of the Dexter Law Association, lawyer Bogdan Koval.
context
Co-owner of Concord Bank Yulia Sosedka reported, that the state Bureau of Investigation has not implemented the court's decision for four months and does not recognize her as a victim in criminal proceedings regarding possible abuse of power and official position by the director of the legal department of the National Bank of Ukraine Alexander Zima. She received the relevant court decision back in April, but investigators have not yet handed her a memo on the rights of the victim.
In practice, this happens. Sometimes it is very difficult to obtain the status of a victim, because the investigator then has such a wide format of work, additional, since the victim has rights, the victim can submit petitions that the investigator must consider, fulfill, and so on. Therefore, the investigator very often does not recognize the person as a victim until the last moment
The lawyer added that the state Bureau of Investigation is no exception in this regard.
Regarding non-compliance with the decision of the investigating judge, this is also a long-standing practice in the state Bureau of Investigation. Since the state Bureau of investigation itself then investigates non-compliance with the decisions of investigative judges
According to him, the investigators of the state Bureau of Investigation took such a position that the decision of the investigating judge is not a court decision and its non - execution does not contain signs of a crime under Article 382 of the Criminal Code (deliberate non-compliance with a court decision).
Koval noted that in this case, victims should apply to law enforcement officers with a statement about the commission of a crime, namely, about non-compliance with a court order.
recall
Criminal proceedings against Alexander Zima were opened under articles concerning abuse of power and official position. The Case concerns a letter from the National Bank of Ukraine to the individuals ' Deposit Guarantee Fund signed by Oleksandr Zima, by which he recommended that the fund withdraw claims filed by Concord Bank against the NBU. the document referred to four lawsuits filed by the bank against the NBU, in which Concord demanded to cancel fines totaling almost UAH 63.5 million. These lawsuits were filed even before the National Bank decided to liquidate Concord and introduced a temporary administration there.
Later, the Shevchenko District Court of Kiev recognized The Victim co-founder of Concord bank Yulia Sosedka in this criminal proceeding. After all, according to the co-owner of Concord Elena Sosedka, by his instructions, Zima deprived the bank's shareholders of their constitutional right to a fair Trial. Currently, the investigation continues.