On September 22, 2020, the official of the Kharkiv District Administrative Court, exposed on the giving an improper advantage, received a notice of suspicion of committing a crime under Part 3 of Article 369 of the Criminal Code of Ukraine (“Proposal, promise or provision of improper advantage to an official”).
NABU believes that the decision of the Constitutional Court of Ukraine, which recognized certain provisions of the Law of Ukraine "On the National Anti-Corruption Bureau of Ukraine" as not in line with the Constitution of Ukraine, is attempt to block the fight against political corruption and stop cleansing of the judiciary in the state.
On September 18, 2020, the Detectives of the National Anti-Corruption Bureau of Ukraine (NABU) under the procedural guidance of the prosecutors of the Specialized Anti-Corruption Prosecutor`s Office (SAPO) gave a notice of suspicion to the former Head of one of the units of the Logistics Department of the Prosecutor General's Office of Ukraine of abuse of office, which caused almost UAH 1.8 mln damages to the State. His actions are qualified under Part 2 Article 364 of the Criminal Code of Ukraine.
On September 17, 2020, NABU under the procedural guidance of the prosecutors of SAPO gave a notice of suspicion to the acting Member of Parliament of Ukraine (also known as the Member of the Committee on Energy, Housing and Utilities Services). He is suspected of receiving an improper advantage and using of legitimate powers and responsibilities (Part 4 Article 368 and Part 4 Article 27 Part 4 Article 369 of the Criminal Code of Ukraine). The Prosecutor General signed a notice of suspicion.
The investigation as of the facts of causing damages in the amount of UAH 9.3 million to the territorial community of Kyiv was completed. On September 16, 2020, the indictment as of Former Main Architect of Kyiv and the Director General of the developer company was sent to court. The abovementioned persons are accused of committing a crime under Part 2 Article 364 of the Criminal Code of Ukraine.
The NABU Detectives have started pre-trial investigations as of 52 cases. 13 persons were given notices of suspicion of committing corruption crimes. Indictments as of 11 persons were sent to court. These are the results of the NABU and SAPO activities as of August 2020.
Within the investigation of a corruption scheme of receiving an improper advantage for the abuse of office by the Member of Parliament (MP), NABU and SAPO sent a draft notice of suspicion as of the acting MP to the Prosecutor General. However, as of September 15, 2020, the letters remained unanswered, which makes it impossible to bring to justice all the participants in the crime.
It should have been a good case. Evidence of a crime, billions of dollars in public losses and an oligarch-owned corporation allegedly controlling state bodies like marionettes. But for all of the new government’s reformist posturing, it refuses to cut the strings,- more about the case in the article KyivPost.
The investigation as of the facts of illegally received from the state budget cash compensation payments in the amount of UAH 928 thousand for renting a room in the SE Hotel Complex National by the Member of Parliament (MP) of the VIII convocation is completed. On September 8, 2020, the suspect and his defense had been granted with access to criminal proceeding for review. The actions of the official are qualified under Part 2 Article 364 of the Criminal Code of Ukraine (“Abuse of office”).
NABU and SAPO exposed a corruption scheme of illegal disposal of the property of the “Boryspil International Airport” State Enterprise (hereinafter — Boryspil International Airport), which resulted in causing more than UAH 16.5 million losses to the State Enterprise. On September 7, 2020, the former SE Head and the Head of the Lease Relations Service were given notices of suspicion. The actions of the suspects are qualified under Part 2 Article 364 ("Abuse of authority or office").
For the first time in the history of Ukraine, the Constitutional Court of Ukraine considered the issue of the constitutionality of an act of individual action, despite the opposite previous long-term judicial practice. However, the fact that the Presidential Decree on Appointment on the NABU Director is declared unconstitutional does not terminate the powers of the NABU Director or any other person who is appointed by the President, and does not automatically mean his dismissal. Until the Verkhovna Rada of Ukraine adopts the amendments to the legislation, Artem Sytnyk has the right to exercise his powers as the NABU Director. Therefore, currently NABU is operates normally.
A quick decision made after the publication of the so-called "Kyiv District Administrative Court recordings", including in relation to decision-making by the Constitutional Court of Ukraine is another step towards the destruction of the institutional independence of the National Bureau.