Investigators of the State Bureau of Investigation had to recognize Yulia Sosedka, co-owner of Concord Bank, as a victim in the case of Oleksandr Zyma, director of the National Bank's legal department, as soon as they received the relevant court ruling. They can be held administratively and criminally liable for failing to comply with the court ruling. This opinion was expressed in an exclusive commentary to UNN by former Deputy Prosecutor General of Ukraine, lawyer Oleksiy Bahanets.
Context
The SBI has opened criminal proceedings against Oleksandr Zyma, director of the legal department of the National Bank of Ukraine , under articles related to abuse of power and official position. The case concerns a letter from the National Bank to the Deposit Guarantee Fund signed by Zyma, in which he recommended that the Fund withdraw the lawsuits filed by Concord Bank against the NBU. The document referred to four lawsuits filed by the bank against the NBU, in which Concorde demanded the cancellation of fines totaling almost UAH 63.5 million. They were filed even before the National Bank decided to liquidate Concorde and put it under temporary administration.
In April of this year, the Shevchenkivskyi District Court of Kyiv recognized Yulia Sosedka, co-founder of Concord Bank, as a victim in this criminal proceeding. According to Yelena Sosiedka, Concorde's co-owner, Zyma deprived the bank's shareholders of their constitutional right to a fair trialby his instructions. However, SBI investigators have not yet complied with the court ruling and have not handed Yulia Sosedka a memo on the rights and obligations of the victim.
When they receive a court decision, they (investigators - ed.) are obliged to immediately execute it, it doesn't take much time. There is a court decision that they have received. From the day the investigator receives it, he is obliged to execute it
According to him, an investigator can be brought to administrative responsibility for failure to comply with a court decision by applying to the appropriate court. Bahanets added that, in addition to the court, Yulia Sosedka can also file a complaint with the prosecutor, the procedural supervisor in criminal proceedings, who is legally obliged to respond to the facts of investigators' failure to comply with court rulings.
If this does not help to force investigators to recognize Yulia Sosedka as a victim in the Zima case, Bahanets advises to contact the prosecutor's office with a demand to open criminal proceedings against the investigator who ignores the court decision.
When there is a failure to comply with a court decision, the initiators who are interested in this should go to court or contact the prosecutor's office to register criminal proceedings against the investigator who fails to comply with the court decision. You can't think of anything else
The lawyer also named several possible reasons for such behavior of the SBI investigators.
It's hard to say why they don't comply. Maybe they are influenced, maybe investigators are overworked, or maybe there is a corruption component
Add
Security expert Serhiy Shabovta does not rule out that the National Bank's chief lawyer Oleksandr Zyma has an influential “patron”, as he is a person close to NBU Governor Andriy Pyshnyy. The expert is convinced that this is why Zyma is confident that he will not be prosecuted under the current legislation for the violations committed.