Will the police act decisively: the case of the National Bank's chief lawyer as a test for fighting corruption

Corruption is one of the biggest problems that hinders Ukraine's development and undermines public confidence in the government. To prove that the government does not tolerate malfeasance and corruption, law enforcement agencies must promptly respond to any suspicions of illegal actions by officials. One of the cases that has attracted public attention is the investigation of the activities of the chief lawyer of the National Bank of Ukraine (NBU) Oleksandr Zyma, UNN reports.

Case in point

At the end of December 2023, the State Bureau of Investigation opened a criminal investigation into possible abuse of office by the NBU's chief lawyer. The case concerns a letter from the National Bank to the Deposit Guarantee Fund signed by Zyma, in which he recommended that the Fund withdraw the lawsuits filed by Concord Bank against the NBU.  The document referred to four lawsuits filed by the bank against the NBU, in which Concorde demanded the cancellation of 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.  It is worth noting that Zyma, in addition to the legal department of the National Bank, also heads the Administrative Council of the Deposit Guarantee Fund.

According to Concorde co-owner Olena Sosiedka, Zima's instructions deprived the bank's shareholders of their constitutional right to a fair trial. 

After more than 9 months, SBI investigators transferred the case of the National Bank's chief lawyer to the Police Department in the Pechersk district of Kyiv. According to Yulia Sosedka, co-owner of Concorde, law enforcement officers are trying to delay the investigation.

This behavior of the investigating body indicates that someone is using administrative resources to block the consideration of the case on the merits. This undermines the fairness of the process and impedes the protection of my legal rights, which raises serious doubts about the objectivity and impartiality of the investigation

She also said that investigators refused to recognize her as a victim in the case despite the court's decision and added that the bank's shareholders would continue to fight for their rights.

The investigation should be accelerated

Experts interviewed by UNN do not rule out that investigators deliberately delayed the investigation before handing over Zyma's case to the police. And the shareholders were not recognized as victims so that they would have fewer procedural opportunities to force law enforcement to work.

It is possible that this behavior of the investigators was due to the significant influence wielded by Zyma and his management. According to security expert Serhiy Shabovta, it is possible that law enforcement will not prosecute Zyma properly because he is a man of NBU Governor Andriy Pyshnyi.

In Ukraine, the NBU was headed by a person who was the head of Oschadbank, which never spoiled us with its good performance. A bank that was always on the verge of bankruptcy, and the state simply propped it up (financed it - ed.), and a person with such professional experience became the head of the NBU. What do we want? Now all the subordinates, and the chief lawyer is a person who is close to the chairman, personally fulfill his tasks. That's why he is protected, he (Zyma - ed.) is protected in advance, because he works in a system that is built for corrupt purposes, and under certain obligations to him that he will be protected from persecution

In this regard, in order to prevent further corruption risks, insinuations or accusations of bias, the investigation of Zyma's case should be a priority for law enforcement agencies, including the National Police. At the same time, any delay or unwillingness to act quickly could negatively affect the reputation of the state's anti-corruption efforts and create a sense of impunity for those involved in illegal schemes.

It is worth noting that a quick and transparent investigation can serve as an example for other officials, demonstrating that any corrupt actions will not go unpunished. After all, only through openness and efficiency can trust in law enforcement agencies, which should work for the benefit of citizens, not in the interests of individuals, be created.

In addition, speeding up the case of the NBU's chief lawyer is also necessary to restore confidence in the institutions responsible for financial stability and the fight against corruption - the National Bank and the Deposit Guarantee Fund. After all, Zyma is a key figure who ensures direct contact between the NBU and the Deposit Guarantee Fund, and the allegations against him call into question the reputation of not only himself, but also the NBU and the DGF Administrative Board as a whole.

If law enforcement agencies show a willingness to act decisively in this situation, it will send a signal to the public that the fight against corruption is not just about empty words, but about concrete actions. A transparent and fair investigation will help Ukrainians believe that the government is truly committed to eradicating corruption in all government structures.

In the context of Ukraine's cooperation with international partners, such as the International Monetary Fund (IMF) and the European Union, the fight against corruption is one of the main requirements for receiving financial support and promoting reforms. Failure to fulfill these obligations could undermine Ukraine's position in the international arena.

Therefore, an additional bonus would be that speeding up the investigation of Zyma's case would show that Ukraine takes its international obligations seriously and is ready to fight corruption even at the highest level. This will not only improve the country's image, but also create preconditions for Ukraine's further integration into the European community.