Abuse of power: why Oleksandr Zyma should leave the position of chief lawyer of the NBU

The Director of the Legal Department of the National Bank of Ukraine (NBU), Oleksandr Zyma, found himself in the spotlight due to the opening of a criminal proceeding related to possible abuse of power and official position. This situation raises serious concerns about Zyma's continued tenure in office, as his actions and decisions may have a negative impact on the reputation and functioning of the NBU, as well as on the trust in the Ukrainian banking system as a whole, writes UNN.

A criminal proceeding against Oleksandr Zyma was opened under articles related to abuse of power and official position. The case concerns a letter from the National Bank of Ukraine to the Deposit Guarantee Fund of Individuals signed by Oleksandr Zyma, in which he recommended that the Fund withdraw the lawsuits filed by the "Concord" bank against the NBU. The document mentioned four lawsuits filed by the "Concord" bank against the NBU, in which the bank demanded the cancellation of fines totaling almost 63.5 million hryvnias. These lawsuits were filed before the National Bank made the decision to liquidate the "Concord" and introduced a temporary administration there.

Later, the Shevchenkivskyi District Court of Kyiv recognized Yulia Sosiedka, a co-founder of the "Concord" bank, as a victim in this criminal proceeding. According to Olena Sosiedka, the co-owner of "Concord", Zyma's instructions deprived the bank's shareholders of their constitutional right to a fair trial. At the moment, the investigation is ongoing.

Lawyers and legal experts express concern about the situation surrounding the NBU's chief lawyer. They note that Oleksandr Zyma's continued tenure in office during the criminal investigation creates serious risks for the NBU, as his actions and decisions may be challenged in court, which could lead to legal conflicts and loss of trust from international partners and investors.

"The thing is that in any civilized country, the banking system is an indicator of trust, primarily of citizens in the banking system. The NBU is a place where not only regulatory decisions and regulations are made, they must set an example of how bankers should work. And when we say that there are criminal cases against some NBU officials, it means that during the investigation period carried out by law enforcement agencies, this official should be suspended. Even if he did not commit any crimes. Because you cannot cast a shadow of distrust on any NBU employee, even a driver or a bank guard, let alone such a high position," - believes human rights defender Eduardh Bahirov.

In addition, according to experts, the existence of criminal cases against NBU officials may indicate serious problems in the National Bank's system and have a negative impact on the willingness of foreign investors to invest in the Ukrainian economy.

"This indicates the existence of certain problems, which, of course, can stop investors, for example, from investing in Ukraine or providing additional financial assistance. Because they will say: "You see, you have too many criminal cases, so your system of recruitment for the relevant services is inefficient," political analyst Igor Reiterovich said.

Given the criminal proceedings, any further actions and decisions taken by Oleksandr Zyma may raise reasonable doubts about their legality.

Lawyers point out that for the sake of completeness of the investigation, SBI investigators should also check other decisions of Zyma for compliance with Ukrainian law.

"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 has become the practice of the investigation," Bahirov emphasized.

The need for a full and independent investigation is also due to the fact that in the future the decisions of the NBU's chief lawyer may have a strategic impact on the Ukrainian banking system, especially in times of war and economic crisis. The NBU must remain an independent, stable and reliable body that ensures the financial security of the country, and any suspicion of corruption or illegal actions in such a key institution could have devastating consequences for the entire economy.

Experts emphasize, given all the circumstances, the dismissal of Oleksandr Zyma from the position of the NBU's chief lawyer is not only appropriate but also a necessary step to maintain confidence in the National Bank of Ukraine. This will allow the NBU to distance itself from possible violations of the law committed by Zyma and maintain its reputation as a reliable and transparent institutional body.

Zyma's dismissal may also help to avoid possible conflicts of interest and ensure the objectivity of the investigation process, which will help to establish the truth and justice. After all, it is possible that Zyma may use his influence to put pressure on witnesses in the case or try to hide evidence.

Dismissal of the official or at least his suspension will signal the NBU's readiness to cooperate with law enforcement agencies and its desire to adhere to the highest standards of ethics and legality.