The criminal proceedings against Oleksandr Zyma, Director of the Legal Department of the National Bank of Ukraine, should be under the jurisdiction of the State Bureau of Investigation. The transfer of the case for investigation to the police department of the Pechersk district of Kyiv indicates attempts to delay and political influence. This opinion was expressed in an exclusive commentary to UNN by Dmytro Kasyanenko, attorney at law of Kasyanenko & Partners Law Firm.
Cases of possible abuse of office by public officials, as a general rule, are indeed under the jurisdiction of the State Bureau of Investigation. This is stipulated by the law on the SBI, according to which crimes committed by high-ranking officials, including heads of state institutions, are investigated by this body,
According to him, if the crime is classified as less serious or does not directly relate to official activities at the level specified by law, such a case may be transferred to other bodies, in particular to the National Police. Such a step is possible if it is not about top officials, but, for example, about mid-level employees.
But the question of the director of the National Bank's legal department, who would seem to be investigated by the SBI, makes this case ambiguous,
The lawyer noted that the transfer of the case from one investigative body to another could be seen as an attempt to delay the investigation and hints at political influence.
When a case is transferred between different agencies, it firstly increases the timeframe, as the new investigating agency has to familiarize itself with the case, conduct an analysis, and possibly request additional documents. Secondly, such a transfer may indicate a lack of a clear investigation strategy or political influence,
The lawyer noted that the transfer of criminal proceedings from one investigative body to another can be motivated by several factors: a desire to avoid liability or complex investigations, possible technical issues regarding jurisdiction and jurisdiction, or a way to deliberately delay the investigation through bureaucratic processes or imperfect communication between investigative bodies.
If such actions appear to be delaying the investigation, the parties may be advised to apply to the prosecutor's office or court to ensure a reasonable timeframe for the investigation. The prosecutor, as a supervisory authority, has the right to demand an active investigation and expedite the process. It is also worth exploring the possibility of filing a complaint against the inaction of the investigating authorities if the delays exceed reasonable time limits or if there is a clear "foot-dragging" involved,
Add
Earlier, security expert Serhiy Shabovta noted in a commentary to UNN that Zyma has a patronand therefore feels impunity. According to him, the National Bank's chief lawyer, Oleksandr Zyma, is a person close to NBU Governor Andriy Pyshnyi. That is why he is confident that he will not be prosecuted in accordance with the current legislation for the violations committed.
Recall
The SBI opened a criminal investigation against Oleksandr Zyma, director of the legal department of the National Bank of Ukraine , under articles that refer 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 that fines totaling almost UAH 63.5 million be canceled. These lawsuits were filed even before the National Bank decided to liquidate Concorde and put it into temporary administration.
On April 22, the Shevchenkivskyi District Court of Kyiv recognized Yulia Sosedka, co-founder of Concord Bank, as a victim in this criminal proceeding. According to the co-owner of Concorde, Yelena Sosedka, Zima deprived the bank's shareholders of their constitutional right to a fair trial by his instructions.
However, SBI investigators ignored the court decision for more than 4 months and did not hand Yulia Sosiedka a memo on the rights of the victim. Instead, the Kyiv City Prosecutor's Office transferred Zyma's case to the Pechersk District Police Department for investigation. Yulia Sosiedka does not rule out that this is an attempt to delay the investigation.