The National Agency for the Prevention of Corruption should check whether Natalia Rudukha, Deputy Managing Director of the Deposit Guarantee Fund, has a conflict of interest due to her work in banks that have been declared insolvent and liquidation procedures have been initiated. If a conflict of interest is found, the decisions made by Rudukha should be canceled. This opinion was expressed in an exclusive commentary to UNN by Kateryna Butko, the head of the Public Council at the NAPC.
UNN reported that Deputy Managing Director of the Deposit Guarantee Fund Natalia Rudukha previously worked in several banks that were declared insolvent and liquidation procedures were initiated.
"The NACP really should and must check for conflicts of interest. The only thing is that, given the number of subjects in public office and everything else, it is unlikely that the NACP can find all the facts of conflict of interest on its own. Therefore, it is better that citizens, or even journalists, or any person in general, should appeal to the NACP," Butko said.
According to her, in the event of such an appeal, the NACP will review the situation and provide an explanation, including whether there is a conflict of interest. If it is found, they will take measures to prevent it: drawing up a protocol on Rudukha's conflict of interest, etc. "Therefore, if there is a vision and a probability that there is a conflict of interest, it is necessary to write an appeal to the NACP and point out this fact to them," Butko added.
She reminded that the NACP protocol is reviewed and approved by the court. After that, the person against whom the protocol is approved by the court must be dismissed and fined.
"And if this person (Rudukha - ed.) made any decision in a conflict of interest, this is a reason to review such decisions," Butko said.
At the same time, commenting on Rudukha Butko's biography, she clarified that everything points to the existence of a conflict of interest in the Deputy Managing Director of the DGF.
The editorial board of UNN appealed to the NACP with an official request to investigate whether Rudukha had a conflict of interest.
According to Article 11, paragraph 3, of the Law of Ukraine "On the Individual Deposit Guarantee System," Rudukha cannot hold a position in the executive directorate of the Individual Deposit Guarantee Fund.
"Members of the Executive Directorate of the Fund may be citizens of Ukraine who permanently reside in Ukraine, have a complete higher education in economics, finance or law, at least five years of professional experience, impeccable business reputation, no outstanding convictions for committing mercenary criminal offenses and work in the Fund on a permanent basis. A member of the DGF's executive management may not be a manager, participant or related party of a bank or any other legal entity with which the DGF or a bank being withdrawn from the market by the DGF has contractual relations," the law states.
At the same time, Article 52 of the Law of Ukraine "On Banks and Banking Activities" defines bank's related parties as the bank's executives, head of the internal audit department, chief risk manager, chief compliance officer, heads and members of committees of the bank's board and management board, as well as any person through whom a transaction is conducted in the interests of the persons referred to in this part.
Thus, Rudukha has a conflict of interest. Therefore, the question arises as to how Rudukha, a former banker who worked in banks undergoing liquidation, got a senior position in the DGF and where the DGF management and anti-corruption authorities are looking?
The editorial board of UNN has sent requests for official comment on the above to the National Bank of Ukraine, the DGF, and the relevant committee of the Verkhovna Rada.