Investigators should check whether Oleksandr Zyma, director of the National Bank's legal department, forced the Deposit Guarantee Fund to withdraw lawsuits filed against the NBU by banks other than Concorde. This opinion was expressed by human rights activist Eduard Bagirov in an exclusive commentary to UNN.
Context
The SBI has previously confirmed that it is investigating criminal proceedings against Zyma. It refers to 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 Bank against the NBU. The document referred to four lawsuits filed by the bank against the NBU, in which Concorde demanded to cancel fines totaling almost UAH 63.5 million. These lawsuits were filed before the NBU decided to liquidate Concorde and put it into temporary administration.
Later, the Shevchenkivskyi District Court of Kyiv recognized Yulia Sosedka, a co-founder of Concord Bank, as a victim in this criminal proceeding. According to the co-owner of Concorde, Yelena Sosedka, Zyma's instructions deprived the bank's shareholders of their constitutional right to a fair trial.
The investigation should examine his (Zyma's - ed.) other decisions regarding banks that were liquidated or are being liquidated to see if he forced the withdrawal of lawsuits filed against the NBU. This is a common practice of the investigation
The lawyer explained that when law enforcement officers open criminal proceedings, the investigator's task is to find out whether there were other violations by an official who had previously made decisions that were not entirely legal.
According to the human rights activist, when a legal entity - a commercial bank - files a lawsuit to declare illegal the actions or decisions of the market regulator, the National Bank of Ukraine, such a decision must be considered. Such a rule should be spelled out at the legislative level, Bagirov is convinced.
"That is, in the future, if a bank submits proposals and, after the NBU Board's decision, is transferred to the operational management of the DGF, the Fund's right to go to court to terminate the consideration of claims (of the bank - ed.) should be taken away. Legislative changes are needed to deprive the DGF of the right to withdraw claims, because only in court proceedings can all issues of legality of the actions of the plaintiff and the defendant be revealed," Bagirov emphasized.
According to the human rights activist, Zyma's action in instructing the Deposit Guarantee Fund to withdraw the lawsuits against the National Bank is a criminal offense.
"When a lawyer, who is supposed to act in the interests of the NBU, arbitrarily submits (a recommendation - ed.) to an almost subordinate structure - the DGF - to withdraw the claim, it means that in this case, in my opinion, the lawyer exceeded his official powers or improperly performed his official duties. If the investigation - the State Bureau of Investigation - is objective, then this official will be punished in due course," Bagirov said.
The human rights activist reminded that each commercial bank represents the interests of tens of thousands of people, and it is not normal when cases like Zima's occur. Ordinary people - bank customers - suffer because of such actions.
Add
The criminal case against the NBU's chief lawyer is a serious blow to the regulator's reputation. According to experts, this situation may raise doubts, including among international partners, about the transparency and impartiality of the central bank's processes, as well as about the institution's ability to effectively perform its functions. International partners and financial organizations that cooperate with Ukraine may question the feasibility of further cooperation and financial support.
Experts emphasize that it is important for the NBU to respond promptly to the situation, ensure transparency of the investigation, and take measures to maintain confidence in its decisions and its activities in general. This, in their opinion, will be facilitated by Zyma's dismissal, or at least his suspension from duty.