An important procedural shift has taken place in the criminal case against Oleksandr Zyma, director of the legal department of the National Bank of Ukraine, which opens the possibility of serving him with a notice of suspicion, UNN reports.
The State Bureau of Investigation opened criminal proceedings over alleged abuse of power or office by the National Bank's chief lawyer Oleksandr Zyma on December 28, 2023.
The case was 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 Council, 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, co-founder of Concord Bank, deprived shareholders of their constitutional right to a fair trial.
The criminal proceedings against Zyma had been pending with the SBI for over 9 months, and no investigative actions had been taken during that time. Concorde co-founders Olena and Yulia Sosiedko repeatedly demanded that investigators recognize them as victims in this case and even received relevant court rulings. However, these demands were ignored.
The shareholders hoped for progress in the investigation after the prosecutor's office transferred the case to the Pechersk Police Department for investigation.
The police not only confirmed to UNN that they had received the case, but also said that they intend to actively pursue it. "Based on the results of the study of the criminal proceedings, the investigator plans to carry out all necessary investigative actions, including establishing the circle of victims and their interrogation, as well as interrogating Oleksandr Zyma and Yulia Sosedka and others," the response to the request read.
After that, investigators recognized Olena and Yulia Sosiedok as victims in the criminal proceedings against the National Bank official and interrogated them.
After many requests and a long struggle for justice, we have finally been recognized as victims in the criminal proceedings on the fact of possible abuse of power or official position by Oleksandr Zyma, Director of the Legal Department of the National Bank of Ukraine
As former Deputy Prosecutor General and lawyer Oleksiy Bahanets explained to UNN, recognition as victims provides the Sosiedko sisters with greater opportunities to protect their rights both at the pre-trial investigation and during the trial.
"A victim has more procedural powers than a witness. The victim has the right to petition the investigator and the prosecutor for additional investigative actions to clarify certain circumstances. Investigators take a more serious approach to investigating a case when the circle of victims is determined," he said.
At the same time, the lawyers interviewed by UNN argue that granting victim status is not only about expanding procedural rights and opportunities. According to the experts, this step of the investigation automatically confirms that Oleksandr Zyma caused damage by his actions.
According to the Criminal Procedure Code of Ukraine, the status of a victim is granted to a person who has suffered physical, moral or material damage as a result of a criminal offense. The definition of the circle of victims indicates that the pre-trial investigation body has recognized the existence of damage
Legal practice shows that after recognizing a person as a victim, the investigating authorities are obliged to take the necessary investigative actions to identify the perpetrators and bring them to justice. This includes serving a notice of suspicion to a person against whom there is sufficient evidence of involvement in a crime.
This means that the next step in the investigation of this criminal proceeding should be the scheduled interrogation of the NBU's Chief Legal Officer Oleksandr Zyma and serving him with a notice of suspicion. In addition, it is possible that investigators will apply to the court to remove Oleksandr Zyma from office to ensure an objective investigation and prevent him from committing future violations.
By the way, the situation with Concord may not be the only violation committed by Oleksandr Zyma. Journalist Yevhen Plinsky recently stated that the official may be involved in facilitating the activities of the Russian online casino Pin-UP in Ukraine.