On March 16, 2019, the Detectives of the National Anti-Corruption Bureau of Ukraine (the NABU), under the procedural guidance of the Prosecutors of the Specialized Anti-Corruption Prosecutor's Office (the SAPO), informed three employees of the Main Department of the National Police in Kyiv on the completion of the pre-trial investigation as of the facts of receiving 50 thousand USD improper advantage.Among the accused there are two investigators of the Investigations Division of the Podilsky Police Division of the Main Police Department in Kyiv and an Officer of the Office for the Prevention of Narcotic Crimes of the Main Department of the National Police in Kyiv (hereinafter referred to as the “Operator”). They are suspected of committing a crime under Part 4 of Article 368 of the Criminal Code of Ukraine. The defense was given access to the materials of the pre-trial investigation.
The NABU Detectives revealed that since the end of September 2018, the National Police investigators together with the “Operator”, demanded an improper advantage in amount of 50 thousand USD from the citizen who had the status of a suspect in the criminal proceedings as of the facts of sale of precursors*. Otherwise, they threatened to commit acts related to the restriction of the rights, freedoms and legitimate interests of the suspect. Namely:
- to submit to the court an application for changing the preventive measure from a pledge for detention;
- bring to criminal liability for allegedly committing a crime under Article 306 of the Criminal Code of Ukraine, and other episodes of illegal activity;
- initiate a criminal prosecution for further activities related to the sale of narcotics.
It should be reminded that on October 2018, the National Police Investigators and the “Operator” were detained for extortion, causing property damage in particularly large proportions. The officers of the Security Service of Ukraine and the Military Prosecutor's Office, who at that time investigated the case, give a notices of suspicion of committing a crime under Part 4 of Article 189 of the Criminal Code of Ukraine to the abovementioned officials. In November 2018, the jurisdiction in the proceeding was determined by the NABU Detectives.
In turn, the Detectives revealed that suspected law-enforcers had received improper advantage, which is a more serious crime. Thus, based on the evidence gathered on March 15-16, 2019, they were informed of a change in the previously reported notice of suspicion — for committing a crime under Part 4 of Article 368 of the Criminal Code of Ukraine (“Receiving an improper advantage”).
* precursors — substances used for the Illegal production, making of narcotics, psychotropic substances included in the List of narcotics, psychotropic substances and precursors.
According to Article 62 of the Constitution of Ukraine a person is considered not-guilty in commission of crime and cannot be a subject to criminal punishment, until he or she is found guilty by the court.