NABU calls on the Prosecutor General to sign a notice of suspicion of committing a crime by the Member of Parliament

15.09.2020 00:00

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.

In summer 2020, the National Bureau got information about the existence of an organized group, whose members received an improper advantage for abuse the office by the MPs. In order to identify all the members of the organized criminal group and promptly fixation of their activities, the National Bureau started an undercover operation to embed the undercover NABU Detective to the organized criminal group.

Within the operation, the undercover Detective pretending a representative of an industrial company met one of the criminal group members. During the meeting, they discussed the condition for investing in Ukraine and the necessary legal grounds for processing solid household waste. Afterword the participant in the crime introduces the Detective to the MP who in subtle forms asked to pass USD 13 thousand of improper advantage through an intermediary for submitting proposals to the Law. Furtherer he asked to pass USD 200 thousand to bribe the MPs - members of the Parliament Committee.

In middle of August, the undercover Detective gave the first part of the improper advantage to the intermediary. On August 26-27, the crime participants planned to receive another part of the funds. Thus, the National Bureau was forced to terminate the undercover operation. The NABU Detectives collected evidence to give a notice of suspicion of the MP as of committing crimes under Article 368 and Part 4 Article 27, Part 4 Article 369 of the Criminal Code of Ukraine. The Prosecutor General is the only one person who can only sign the notice of suspicion of committing a crime by the MP.

On September 10, 2020, at 12:20 p.m. the NABU Detectives arrived at the Prosecutor General`s Office (PGO) to enter information into the Unified Register of Pre-trial investigations regarding the possible commission of a criminal crime by the MP and to sign a number of claims to carrying out the investigation. The NABU plan on investigation activities were discussed with the SAPO prosecutors  and the PGO executives. They NABU Detectives provided a draft notice of suspicion, collected evidence and materials of the criminal proceedings confirming the validity of the suspicion.

From 12:30 p.m. to 18:00 p.m., the PGO prosecutors familiarized materials of the criminal proceedings. After the  number of meetings, including with the executives of NABU, the Head of the PGO Department announced that he did not find the sufficient grounds for the entering the information on the possible commission of a criminal offense by the MP to the Unified Register of Pre-trial Investigations.

About 9:00 p.m. a meeting between the Prosecutor General, the NABU First Deputy Director and the Head of the PGO Department was held. As a result, the decision to enter information into the Unified Register of Pre-trial Investigations was not made.

On September 10, 2020, a person-intermediary (unofficial assistant of the acting MP) was given a notice of suspicion under Part 5 of Article 27, Part 4 of Article 368 of the Criminal Code of Ukraine. The draft notice of suspicion of the MS's actions was sent to the PGO.

On September 11, 2020, NABU repeatedly sent a letter to the PGO regarding the need to enter information into the Unified Register of Pre-trial investigations regarding the actions of the MP. However, as of September 15, 2020, no answer was received.

For reference: As a result of a special operation involving an undercover NABU Detective, for the first time in the history of Ukraine, MPs were prosecuted in "amber case". A case in which MPs assisted a foreign company in amber mining in Ukraine for illegal gain. Since October 2018, the case is under court consideration.

In November 2017, undercover operation to expose members of an organized criminal group in the State Migration Service of Ukraine conducted by NABU and SAPO was failed due to the intervention of the PGO and the Security Service of Ukraine.

 

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.