The co-founders of Concord Bank, Olena and Yulia Sosedok, have been officially recognized as victims in the criminal proceedings against Oleksandr Zyma, the chief lawyer of the National Bank of Ukraine (NBU). This is a recognition of the potential damage caused to them by the official's actions.
The recognition of Olena and Yulia Sosedok as victims in the criminal proceedings against Oleksandr Zyma, Director of the NBU Legal Department, automatically means that the investigation officially recognizes the existence of possible damage caused to them by the official's actions. This is an important legal step, as the status of victims is granted only if moral, material or other damages have been suffered.
Thus, the recognition of the Sosiedok sisters as victims actually confirms that their claims regarding the illegal actions of the National Bank official have a basis, and the investigation is taking them seriously.
It is worth noting that obtaining the status of victims allows Olena and Yulia Sosiedka to more actively defend their rights in the case. The co-founders of Concorde will now be able to file motions for additional investigative actions. In particular, they can request new interrogations, examinations and documents that they believe are important for establishing the truth in the case.
In addition, victims can take an active part in the judicial process - they have the right to be present during court hearings and participate in the process on an equal footing with other parties to criminal proceedings.
Olena and Yulia Sosiedko also have the right to claim damages if Zima's guilt is proven, as victims can claim compensation for losses caused by the actions of the accused.
Former Deputy Prosecutor General, attorney Oleksiy Baganets explained the importance of obtaining the procedural status of “victim” in criminal proceedings.
A victim has more procedural powers than a witness. The victim has the right to request the investigator and prosecutor to conduct additional investigative actions to clarify certain circumstances. Investigators take a more serious approach to investigating a case when the circle of victims is defined
Recognizing them as victims gives the Sosiedki sisters greater opportunities to protect their rights both at the pre-trial investigation and during the trial.
Case summary
The criminal proceedings were opened due to a letter from Oleksandr Zyma to the Deposit Guarantee Fund (DGF). In the document, Zyma, who is both the director of the NBU's legal department and the chairman of the DGF's Administrative Board, recommended that the Fund withdraw the lawsuits filed by Concord Bank against the NBU on behalf of the National Bank. These lawsuits concerned the cancellation of fines amounting to almost UAH 63.5 million and were filed before the decision to liquidate the bank.
The Deposit Guarantee Fund followed this recommendation, which, according to Olena Sosedka, deprived the bank's shareholders of their constitutional right to a fair trial.
In this way, Zyma may have called into question the independence of the Deposit Guarantee Fund's management, which now has a negative impact on cooperation with international financial institutions. It is possible that, for example, the IMF, due to its dissatisfaction with the situation, has begun to actively demand that Ukraine develop a procedure and hold an open competition for the position of the DGF Managing Director.
In addition, according to Concorde co-owner Olena Sosiedka, Zima deprived the bank's shareholders of their constitutional right to a fair trial by his instructions.
Currently, Zyma's case has been transferred from the SBI to the Pechersk Police Department in Kyiv for investigation. Law enforcement officials told UNN that they plan to interrogate the NBU's chief lawyer, and after serving him with a notice of suspicion, investigators will likely file a petition with the court to remove Zyma from his duties as director of the NBU's legal department.