Impunity or justice? Why delaying the cases of officials harms Ukraine

Criminal proceedings for abuse of power and official position in Ukraine cause a considerable public outcry, especially when it comes to officials who continue to perform their duties despite the accusations. Such cases require prompt and effective investigation, as delays not only damage the image of state institutions, but also negatively affect the perception of Ukraine in the international arena, especially in the context of European integration and cooperation with international partners, UNN writes.

Abuse of power by public officials, in particular high-ranking officials, has a significant impact on the political and economic stability of the state. This is especially true if the violations involve abuse of power and official position. The longer these officials remain in office, the more their activities undermine the trust of citizens and partners in the authorities and increase the risk of repeated abuse. 

Oleksandr Babikov, former first deputy head of the State Bureau of Investigation, warns that investigating a criminal case against an official too quickly can be perceived as persecution. Therefore, a balanced approach is important.

"On the one hand, a quick, too quick investigation of criminal proceedings on the facts of abuse may be persecution, including for political and other reasons, and this risk cannot be ignored. And on the other hand, the fact that many officials whose involvement in official abuse was publicly announced in the media do not receive a verdict for several years usually speaks in favor of an effective and prompt investigation of criminal proceedings - this indicates absolute impunity," Babikov said in an exclusive commentary to UNN.

According to him, the delay in the investigation of such criminal cases leads to the fact  that those who know these officials understand that in fact, effective protection of the use of various procedural sabotage allows them to avoid criminal liability and, accordingly, continue to, say, "serve the country," continue to earn money and use it to influence, among other things, the pre-trial investigation bodies and the court. 

"Impunity, accordingly, generates even greater legal nihilism in the country," Babikov emphasized.

The case of Winter 

To effectively counter abuse of power, it is necessary to create conditions under which investigations are conducted within a short time frame. The timeframe is important not only to minimize the harm caused by the alleged offender, but also to ensure that justice is delivered in accordance with the standards of the rule of law. A relevant example is the criminal proceedings on the fact of possible abuse of power and official position against Oleksandr Zyma, Chief Lawyer of the National Bank of Ukraine (NBU). 

However, despite the high profile of the case, it dragged on, raising additional questions about the transparency and effectiveness of the investigations.

The case was opened due to letter from Zyma to the Deposit Guarantee Fund. In the document, Zyma, who is also the chief lawyer of the National Bank and the chairman of the Administrative Council of the Deposit Guarantee Fund, recommended on behalf of the National Bank that the Deposit Guarantee Fund withdraw the lawsuits filed by Concord Bank against the National Bank of Ukraine.

It was about four lawsuits in which Concorde demanded to cancel fines totaling almost UAH 63.5 million. They were filed even before the National Bank decided to liquidate Concorde and put it into temporary administration.  

The DGF followed the recommendation it received on behalf of the regulator. The letter contained the digital signature of Oleksandr Zyma, who is also the chairman of the Deposit Guarantee Fund's Administrative Board, which appoints and dismisses its management.

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 Sosedka, 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 identify the victims and interrogate the chief lawyer of the National Bank. Also, after Zyma is served with a notice of suspicion, investigators will file a petition with the court to remove him from his duties as director of the NBU's legal department.

When an official suspected of wrongdoing continues to work, there is a risk of witnesses being influenced, evidence being concealed, or other forms of obstruction of the investigation. In addition, such cases can have serious international implications, as openness and efficiency of investigations are key factors in maintaining Ukraine's partnerships with foreign countries and organizations that support Ukraine.