More powers: lawyer explains how obtaining victim status affects the investigation of a criminal case

Olena and Yulia Sosedok, co-founders of the bank Concord, which is in the process of liquidation, were recognized as victims in the criminal proceedings against the chief lawyer of the National Bank Oleksandr Zyma. UNN asked former Deputy Prosecutor General, lawyer Oleksiy Bahanets what the change of procedural status means and how it will affect the investigation of the case.

The victim has more procedural powers than the witness... The victim has the right to petition the investigator and the prosecutor to conduct additional investigative actions to clarify certain circumstances. And a witness is a witness. Moreover, there are different kinds of witnesses. There is an eyewitness, or there is a witness who tells about what he or she learned from other people. That is, a witness has different meanings for his or her testimony

According to him, once the range of victims is determined in criminal proceedings, investigators take the case more seriously.

Bahanets added that victims have more power than witnesses, not only at the pre-trial investigation stage, but also during the trial on the merits. For example, the victim has the right to withdraw from the criminal process altogether or to declare that he or she has no claims against the suspect or accused.

Recall

The criminal proceedings were opened due to Zyma's letter 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 under 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 interrogate the NBU's chief lawyer, and after serving him with a notice of suspicion, investigators are likely to petition the court to remove Zyma from his duties as director of the NBU's legal department.