Justice or impunity: the case of the chief lawyer of the National Bank demonstrates the lack of reputational standards

In Ukraine, the institution of business reputation, which is an integral part of a democratic society, still does not function properly. This creates a situation where suspects in high-profile cases remain in their positions, even if their activities undermine the credibility of state institutions. One of the most striking examples is the case of Alexander Zima, chief lawyer of the National Bank of Ukraine (NBU), against whom criminal proceedings are being investigated for possible abuse of power or official position. If the Institute of business reputation worked properly in Ukraine, Zima would have to voluntarily resign or be dismissed immediately, writes UNN.

In developed democracies, especially in the European Union, business reputation is a fundamental principle. MP Mykhailo Tsymbalyuk notes that without this mechanism, it is impossible to talk about true democracy.

The introduction of the institution of business reputation is an unavoidable requirement of this time, our partners. Otherwise, we will not see either the European Union, and in general, then we will always be classified as a certain category of citizens with a level of under-democracy and in general with respect to the level of relations in society

He also added that along with the institution of business reputation, the presumption of innocence should work. However, in his opinion, law enforcement agencies in Ukraine often abuse and do not comply with this norm.

If the Institute of business reputation functioned, the chief lawyer of the National Bank should voluntarily resign immediately after it became known that he is a person involved in a criminal case on possible abuse of power or official position. This would meet the ethical standards that are mandatory in Democratic states. The absence of such a step undermines confidence in the NBU as a regulator and in state institutions in general.

People's deputy Yaroslav Yurchyshyn notes that the weakness of the reputation institution is typical for countries in transition. 

In any state of transition between totalitarianism, which we had during the Soviet Union and partly during the Yanukovych era, and democracy, the institution of reputation does not work. Because the country lives on short terms in planning - from elections to elections. A poor society, concerned with survival rather than Development Planning, has a short-term political memory. Therefore, political teams are constantly changing their names, composition, and ideology. As a result, business reputation as a long - term investment works only in sectors that have a certain continuity-journalism, art, and partly business. But not in politics

According to the MP, changes may occur when Ukraine becomes a member of the EU and is forced to take into account European rules. "Or it can happen in an evolutionary way, but this requires more time and the end of the war," Yurchyshyn added.

The introduction of the Institute of business reputation is one of the requirements for Ukraine's integration into the EU. The lack of mechanisms that guarantee transparency and accountability is becoming a serious barrier to joining the European Community. Without a functioning institution of reputation, Ukraine will always be associated with states where the level of democracy is underdeveloped.

The case of winter demonstrates not only the shortcomings in the functioning of the Institute of business reputation, but also the general problems of the management system. The lack of adequate ethical standards for officials destroys confidence in the state. In such a situation, the consequences of the lack of reputational tools become particularly critical for the economy and politics.

recall

The state Bureau of Investigation opened criminal proceedings for possible abuse of power or official position by the chief lawyer of the National Bank Alexander Zima  on December 28, 2023. 

The case was opened through a letter from Alexander Zima to the individuals ' Deposit Guarantee Fund (DGF). In the document, Zima, who is both director of the NBU's legal department and chairman of the DGF's Administrative Council, recommended that the fund withdraw claims filed by Concord Bank against the NBU on behalf of the National Bank. These lawsuits concerned the cancellation of fines in the amount of almost UAH 63.5 million and were bad even before the decision to liquidate the bank.

The deposit guarantee fund listened to this recommendation, which, according to Elena Sosedka, co-founder of Concord bank, deprived shareholders of their constitutional right to a fair trial.

The criminal proceedings against Zima were held in the state Bureau of Investigation for more than 9 months and during this time no investigative actions were carried out on it. Concord co-founders Elena and Yulia neighbors have repeatedly demanded that investigators recognize them as victims in this case and even received appropriate court orders. However, these requirements were ignored.

The shareholders hoped for progress in the investigation after the prosecutor's office referred the case to the Pechersk Police Department for investigation. 

After that, investigators recognized Elena and Yulia Sosedok as victims in the Winter case, which automatically confirmed that the official's actions caused harm. Experts interviewed by UNN indicate that The Next Step in the investigation of this criminal proceeding should be to interrogate winter and serve him with a notice of suspicion.