Yulia Sosiedka, co-founder of Concord Bank, will have to go to court to demand investigative actions in the criminal proceedings where she is recognized as a victim. Investigators are likely to ignore her initiatives. This is a case of possible abuse of power or official position, which led to serious consequences by the director of the legal department of the National Bank of Ukraine Oleksandr Zyma, UNN reports.
Context
Shevchenkivskyi District Court of Kyiv has recognized Yulia Sosiedka, co-founder of Concord Bank, as a victim in criminal proceedings over alleged abuse of power or office that led to grave consequences, according to Oleksandr Zyma, director of the legal department of the National Bank of Ukraine.
"After being recognized as a victim, the victim has the rights granted by the procedural code and can initiate certain investigative actions, request to be involved in the conduct of (investigative actions - ed.), for example, interrogations, and he becomes an integral part of the (criminal - ed.) process itself. However, given the fact that the SBI was not very willing to allow him to participate in the criminal proceedings, it is likely to remain so and he will continue to initiate investigative actions through the court, as investigators will ignore his requests," said lawyer Serhiy Lysenko in an exclusive commentary to UNN.
Add
As Oleksandr Zolotukhin, a member of the National Bar Association, told UNN, the State Bureau of Investigation has a widespread practice of investigators refusing to recognize citizens as victims in criminal proceedings. This may be due to the fact that law enforcement officers feel impunity and do not want any unnecessary hassle. After all, the victim, as a party to the proceedings, can file motions, ask for expert examinations, and thus try to actively encourage the investigation to investigate the crime.
Recall
As reported by UNN, the criminal case concerns a letter from the National Bank of Ukraine to the Deposit Guarantee Fund signed by Oleksandr Zyma, in which he recommended that the Fund withdraw the lawsuits filed by Concord against the NBU. The document referred to four lawsuits filed by Concorde Bank against the NBU, in which the bank demanded the cancellation of fines totaling almost UAH 63.5 million. These lawsuits were filed even before the National Bank decided to liquidate Concorde and put it under temporary administration.
Olena Sosiedka, co-founder of JSCB Concorde, said that the National Bank of Ukraine ignored the proposals of the shareholders of Concorde Bank before its liquidation, and then, on the instructions of the regulator, they were deprived of the right to a fair trial.