Lawyer: investigator must establish whether Zyma influences the course of investigation of his case while holding a position at the NBU

The investigator should establish whether the director of the NBU department, Oleksandr Zyma, can influence the course of the investigation of his case while continuing to hold his position. If a negative influence is found, the National Bank official should be removed. This opinion was expressed in an exclusive commentary to UNN by former Deputy Prosecutor General Oleksiy Bahanets.

Context

Shevchenkivskyi District Court of Kyiv has recognized Yulia Sosiedka, co-founder of Concord Bank, as a victim in criminal proceedings over alleged abuse of power or office that led to grave consequences, according to Oleksandr Zyma, director of the legal department of the National Bank of Ukraine.

As UNN reported, the criminal case concerns 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 against the NBU. The document referred to four lawsuits filed by Concorde Bank against the NBU, in which the bank demanded to cancel fines totaling almost UAH 63.5 million. These lawsuits were filed before the NBU decided to liquidate Concorde and put it under temporary administration.

Usually, investigators in criminal proceedings first establish whether the person whose actions are being investigated can influence witnesses or victims, as well as obstruct the investigation, while continuing to hold their position. Given the fact that Yulia Sosiedka had to go to court to demand that she be granted victim status, there is a high probability that no one is actually working on Zima's case. After all, how to explain the absence of suspicion, as well as the court's decision to suspend Zima?

By the way, in addition to working as the director of the NBU's legal department, Zyma also continues to be the chairman of the Administrative Council of the Deposit Guarantee Fund. That is, in fact, he has a very wide range of opportunities to influence those to whom he may have previously given a possibly illegal order to withdraw claims against the National Bank.

If, at the stage of investigation, it is proved that a person, being in this position and using his or her official position, will negatively affect the state of the pre-trial investigation, the possibility of influencing witnesses, eyewitnesses, victims, i.e. participants in criminal proceedings, negatively in order to avoid criminal liability, then, of course, this is a sufficient reason for the investigator and prosecutor to apply to the court for the removal of such a suspect from his or her position

Regarding the internal investigation into Zyma's actions, the former Deputy Prosecutor General noted that the head of the organization, i.e., in Zyma's case, NBU Governor Andriy Pyshnyi, determines the need for such an investigation. "If the head believes that conducting this internal investigation will not affect the criminal prosecution of this person, he or she may not conduct it. But if these, so to speak, actions committed by his subordinate may violate the internal regulations, may affect the exercise of the powers that this person is vested with, and that this may entail even more complex or negative consequences, then, of course, he must conduct an internal investigation," Baganets said.

Recall

Olena Sosiedka, co-founder of JSCB Concorde, stated that the National Bank of Ukraine ignored the proposals of Concorde's shareholders before its liquidation, and then, on the regulator's instructions, they were deprived of their right to a fair trial.