Ten-year NABU investigations: a sign of inefficiency or hidden interest?

Investigations into cases by the National Anti-Corruption Bureau of Ukraine can drag on for decades, which indicates the detectives' vested interest. One such example is the criminal proceeding against Oleksiy Fedorychev, the owner of the two largest terminals, "TIS-Zerno" and "TIS-Dobryva," in the Pivdennyi port. This case resembles an attempt at raiding by law enforcement and has nothing to do with justice, writes UNN.

Case against businessman Fedorychev

NABU has been investigating criminal proceedings against Fedorychev for over 10 years. During this time, detectives have failed to gather evidence of the businessman's guilt. The criminal proceeding against him is rather an attempt to raid the terminals using NABU, which has dragged on for too long.

In fact, for 10 years, detectives have not been able to serve the businessman with a notice of suspicion or choose a preventive measure for him. And regular attempts to seize property, although they fail every time, significantly hinder the conduct of critically important business during wartime, related to ensuring food security.

International justice questioned NABU's actions

A clear indication that the case against Fedorychev is a business dispute involving anti-corruption law enforcement officers is the decision of the court of the Principality of Monaco, where the businessman has long resided. Monaco judges refused to serve Oleksiy Fedorychev with a notice of suspicion, stating that his case is an economic dispute, not a criminal one.

"...the information contained in the requests does not allow to define the nature of the case as criminal, which enables the competent authorities of the Principality of Monaco to conclude: the essence of the case largely concerns facts that form the basis of a dispute of a purely economic nature," the decision stated.

Judges of the High Anti-Corruption Court held a similar opinion, finding no grounds for seizing property or choosing a preventive measure for Fedorychev. Moreover, they even refused to extend the pre-trial investigation period after it had expired.

However, the ingenuity of NABU detectives is striking. Instead of accepting defeat and admitting that the case was fabricated, they formally transferred it for investigation to the National Police. As soon as NABU officers joined the investigative group, the first thing they did was force their colleagues in the Pechersk District Court of Kyiv to push through a decision to extend the investigation period.

Not getting what they wanted in the HACC, the detectives are trying to push through the necessary decisions in the Pechersk District Court of Kyiv. So everything indicates that NABU is overly interested in the terminals in the Pivdennyi port.

"Eternal" investigations = hidden interest

Retired judge Oleksandr Sytnikov explained that investigations lasting decades indicate that the case may be fabricated and its main goal is to damage the reputation of the person involved in such criminal proceedings.

"If nothing is done in these cases for 10 years, it means there is some interest in this case. Therefore, you know, it really cannot be like that. In general, there are many questions about this NABU," the ex-judge noted.

He is convinced that the lack of effective work by NABU is influenced by its lack of control. Sytnikov also drew attention to the fact that even internal mechanisms of public oversight are not working properly.

"This has become an uncontrolled organization for us. Even that Public Integrity Council (PIC), which was elected, these are already, let's say, the people who needed to be elected," he noted.

The ex-judge does not rule out that NABU has certain schemes for initiating cases, etc. "I don't think they are so honest and crystal clear that they can do nothing for 10 years. I am a former investigator, and I will tell you that when investigation deadlines are strictly controlled, such cases simply cannot happen, there simply cannot be such cases," Sytnikov said.

Control over NABU will improve its effectiveness

The lawyer emphasized that such a situation is impossible in law enforcement agencies where there is clear control over compliance with procedural deadlines for investigation.

According to Sytnikov, the low effectiveness of NABU's work (one legally binding verdict per detective) is another proof of systemic problems in NABU.

"They receive such salaries, I am surprised as a lawyer, as a citizen, why they are paid such money, and there is no output, as we say. They walk around and spit on the ceiling, and laugh at everyone. I would not be surprised if they have plans for investigating criminal cases, for which papers are kept, for all these issues," he indignantly states.

The ex-judge sees a way out of this situation in establishing effective control by the Prosecutor General's Office, which complies with the Constitution of Ukraine.

"This organization cannot be uncontrolled. It must be controlled by the Prosecutor General. There cannot be a structure in the state that is not controlled by a constitutional body, and in our country, that is the Prosecutor General's Office," Sytnikov emphasized.

Without proper oversight, NABU turns into a closed and ineffective structure that harms the justice system more than it helps.

At the same time, the dragging out of cases for decades, the lack of verdicts, and the unjustifiably high salaries of detectives all indicate that without external control, NABU is unable to ensure an effective fight against corruption, for which it was created.

Recall

Recently, more and more scandals have emerged involving NABU officials. In particular, this concerns former detective Taras Likunov, who investigated the case concerning "Ukrzaliznytsia," and then took a position in this company after being dismissed from the position of a person involved in criminal proceedings. That is, in this way, the detective actually "freed up" a place for himself, which, according to experts, is a direct violation of the Law "On Prevention of Corruption" and a conflict of interest.

In addition, the latest high-profile scandal involved cases against NABU detective Ruslan Magamedrasulov, who, together with his father, a citizen of the Russian Federation, according to the investigation, was engaged in cannabis trafficking with Dagestan. He is accused of treason. In addition, he is suspected of abusing influence for illegal tax manipulations of Ukrainian enterprises totaling 30 million hryvnias, for which he was to receive 900 thousand hryvnias. The NABU detective was supposed to influence the bodies of the State Tax Service of Ukraine to make illegal decisions regarding the exclusion of about ten companies from the list of risky ones. This is clear evidence of corruption in NABU.