Change of jurisdiction in the case of 20 million USD embezzlement of the Public Joint-Stock Company (PJSC) "State Savings Bank of Ukraine" is inadmissible and directly violates the requirements of the Criminal Procedure Code of Ukraine. Relevant decision on changing of jurisdiction for unknown reasons without reclamation of the criminal proceeding for a supervisory procedure, the Prosecutor General of Ukraine has taken on July 19, 2019. In order to bring the suspects to criminal liability, the NABU and the SAPO call on Yurii Lutsenko to transfer the case back to the NABU Detectives.
It should be reminded that the NABU and the SAPO conducted pre-trial investigation of the criminal proceeding under Part 5 Article 191, Part 3 Article 209, Part 2 Article 364, and Part 1 Article 366 of the Criminal Code of Ukraine.
The investigation revealed that in 2013 – 2015 officials of the companies of the PJSC "Kreatyv" upon the prior conspiracy with the officials of the "State Savings Bank of Ukraine" forged documents to receive 20 million USD loan in the State Bank for allegedly purchase of sunflower seeds. After receiving the funds, owners of the "Kreatyv" transferred money to the accounts of companies registered in Belize and Switzerland. Then they used these funds to pay for the purchase of the corporate rights of companies that owned valuable real estate.
In the autumn of 2018, 12 persons were given notices of suspicion, including the owners and officials of the companies of the PJSC "Kreatyv", officials of the "State Savings Bank of Ukraine"and an independent appraiser. At the same time, in November, the Verkhovna Rada of Ukraine did not support the submission of the Prosecutor General of Ukraine and refused to consent to criminal prosecution, detention and arrest of organizer of these crimes – the beneficiary owner of the "Kreatyv" group of companies (who is also the Member of Parliament).
Six months later — in July 2019 — for unknown reasons and in violation of Part 5 Article 36 of the Criminal Procedure Code of Ukraine, the Prosecutor General of Ukraine suddenly changed jurisdiction in criminal proceeding for investigators of the Main Investigation Department of the National Police of Ukraine. The decision was made despite the fact that the Prosecutor General of Ukraine is reliably aware of the allegedly involvement of the Member of Parliament of Ukraine in the crime. After all, Yurii Lutsenko personally supported and submitted to the Parliament a submission of bringing the MP to justice. The amount of damage caused by criminal offence in this case is several times more than 500 living wages for employable persons on the day of the crime. In accordance with the current legislation, in view of the abovementioned, this crime can be investigated by the NABU only. According to the Criminal Procedural Code of Ukraine, it is prohibited to entrust a pre-trial investigation of a criminal offense referred to the jurisdiction of the National Anti-Corruption Bureau of Ukraine to another pre-trial investigation agency. Consequently, the Prosecutor General of Ukraine made a decision contrary to the law.
For more than three years of hard work, the NABU and the SAPO collected an evidence base, carried out a huge number of investigative actions to establish all the circumstances of the crime and found out the circle of all possible participants in the scheme. Unfortunately, such a decision of the Prosecutor General of Ukraine threatens the possibility of criminal prosecution of officials. Even if the National Police completes the investigation, the court may return the Prosecutor’s indictment as such, which does not meet the requirements of the Criminal Procedural Code of Ukraine on the definition of investigative jurisdiction.
The NABU and the SAPO call on Yurii Lutsenko to turn the criminal proceeding back to the Detectives as soon as possible and determine the jurisdiction after the NABU, as stipulated by the legislation of Ukraine.