Synchronicity of Kuzminykh's and "Darnytsia's" statements: lawyer explained whether this could be grounds for examination and investigation

People's Deputy, head of the subcommittee on pharmacy Serhiy Kuzminykh systematically repeats theses that are beneficial to the pharmaceutical giant "Darnytsia" - this is evidenced by a content analysis of his posts and blogs. The coincidences in communication are so precise that its independence and impartiality raise doubts. UNN found out from lawyer Oleh Shram whether such informational synchronicity can have a legal assessment.

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Earlier, UNN journalists analyzed posts on social networks and blogs of People's Deputy Serhiy Kuzminykh and the top management of "Darnytsia" company and found that their theses, formulations, and arguments regarding the work of the pharmaceutical market coincide. This is not only about general views on the work of the pharmaceutical market, but also specific positions - for example, regarding marketing payments: both the deputy and representatives of "Darnytsia" state that marketing is the main driver of price increases in pharmacies. 

UNN turned to a lawyer to find out whether such a similarity in rhetoric could be a basis for linguistic expertise.

Linguistic expertise includes, in particular, establishing the author - who composed a particular text, under what circumstances, whether it was oral or written speech. The exact meaning of the statement or authorship is also established, including signs of the subject's attitude to events or persons - positive, negative, influence, provocations, bribery, inducement, etc. 

According to him, all these issues can be the subject of an official linguistic examination, which is conducted using approved scientific methods and has evidentiary force within the framework of criminal proceedings.

Any expertise, appointed, conducted within the framework of criminal proceedings, is evidence and can be used in conjunction with other evidence to make certain procedural decisions, both for notifying of suspicion and for closing the proceedings, that is, depending on the conclusions of that expertise 

Thus, if a deputy systematically voices theses that coincide with the interests of big business, this can be not only the subject of a journalistic investigation, but also an official investigation. Linguistic expertise can answer the key question: were these statements written "in one office"? And if so, this could be grounds for an investigation into the spread of criminal influence or improper use of powers.

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The story of Kuzminykh and "Darnytsia" is a litmus test for the entire anti-corruption infrastructure of the country. This very case can check whether the state is capable of reacting to cases of hidden lobbying at the highest level. All facts collected by journalists indicate a high probability that People's Deputy Serhiy Kuzminykh could have used his parliamentary powers to promote the private interests of the pharmaceutical company "Darnytsia". 

This case with Kuzminykh has an additional unpleasant trail, against the background of another case against him, which is already being heard by the High Anti-Corruption Court. Thus, People's Deputy Serhiy Kuzminykh was caught "red-handed" while receiving an undue benefit of 558 thousand hryvnias. According to the investigation, he received funds for assisting in signing contracts between private companies and one of the hospitals in Zhytomyr region for the supply of medical equipment. 

At the end of January 2022, NABU recorded the transfer of money and published a video about it. In it, a person with a voice similar to Kuzminykh's promises his assistance and adds that he can resolve issues with all medical institutions in the region. 

In September 2022, the indictment in the case against Kuzminykh was sent to the HACC for consideration on the merits. The stage of evidence examination is currently underway. However, the consideration of the case is delayed. According to information provided by the HACC, out of 86 court sessions, 31 were disrupted due to the non-appearance of the defense, and the People's Deputy himself missed 22 sessions.