NBU's chief lawyer above the law? Investigation of Zima's case is stalling

The investigation of the criminal proceedings against the director of the legal department of the National Bank of Ukraine, Oleksandr Zima, is obviously artificially delayed. In fact, no investigative actions are taking place in the case, which, according to experts, is the main sign of delaying the investigation, writes UNN.

Context

Since the end of 2023, a criminal proceeding has been investigated against the chief lawyer of the National Bank, Oleksandr Zima, opened under Part 2 of Article 364 of the Criminal Code of Ukraine (abuse of power or official position, which led to serious consequences).

The case was opened because of his letter to the Deposit Guarantee Fund for Individuals (DGF). In the document, Zima, who is simultaneously the director of the legal department of the NBU and the chairman of the Administrative Board of the DGF, recommended on behalf of the National Bank that the Fund withdraw the lawsuits filed by Concord Bank against the NBU. These lawsuits concerned the cancellation of fines in the amount of almost 63.5 million hryvnias and were filed even before the decision to liquidate the bank.

The Deposit Guarantee Fund heeded this recommendation and withdrew the lawsuits, which, according to Olena Sosedka, co-founder of Concord Bank, deprived the bank's shareholders of their constitutional right to a fair trial.

In the fall of last year, Zima's case was transferred from the SBI to the investigation of the Pechersk Police Department of Kyiv. Law enforcement officers informed UNN that they plan to interrogate the chief lawyer of the NBU, and after serving him a notice of suspicion, the investigators will probably appeal to the court to remove Zima from the position of director of the legal department of the NBU. 

But since then, the investigators have only recognized Olena and Yulia Sosedka, the co-founders of Concord, as victims in this criminal proceeding, thereby confirming that Zima's actions caused harm. Zima, according to sources familiar with the course of the investigation, has not been questioned in the framework of the criminal proceedings.

In addition, the chief lawyer of the NBU has not yet been served with a notice of suspicion, and there have been no appeals to the court regarding his removal from office.

Details

Such торможение may indicate attempts to artificially delay the investigation of this criminal proceeding. As Oleksandr Babikov, former first deputy head of the State Bureau of Investigation, explained to UNN, the main sign of artificial delay of the investigation is the absence of investigative actions in the case. 

"Usually, this circumstance - the absence of investigative actions - indicates that there is a delay," Babikov explained.

According to him, in order to establish the circumstances of the crime, the investigator needs to conduct a series of investigative actions, in particular, to interrogate the victims, persons who may be involved in the commission of the crime, as well as witnesses to the event, and to appoint expert examinations. 

"But if only a few witnesses have been questioned in a criminal proceeding for a month, two, three, it is obviously a delay in the case," Babikov explained.

According to him, investigative actions may not be carried out when all parties have been interrogated and only expert opinions are expected. 

The former Deputy Head of the SBI noted that in cases of official or economic crimes, this practice is not an exception, but almost a rule. It is worth noting that Zima is suspected of committing an official crime.

Often, according to Babikov, the case is delayed at the stage of familiarization with the materials of the criminal proceedings, when in fact no familiarization takes place and the case lies for years.

Regarding the control over compliance with reasonable terms of investigation, according to the lawyer, the responsibility for this lies with the prosecutor. However, in practice, formal replies usually come to complaints about delays, which are almost never filed, saying that the investigation is ongoing and all "necessary measures" are being taken.

According to Babikov, victims have very limited opportunities to influence the investigation. "In fact, victims do not have enough rights and powers to influence the course of the investigation of such cases. Their rights are very limited," Babikov noted.

Meanwhile, inaction and delays on the part of law enforcement agencies in cases involving high-ranking officials always raise questions about the objectivity and good faith of the process. Delaying the investigation of the case of the chief lawyer of the National Bank only reinforces these suspicions.