USD 5 mln bribe case sent to HACC after facing risk of being taken from NABU

02.04.2021 00:00

The NABU Detectives and the SAPO Prosecutors have filed an indictment to the High Anti-Corruption Court regarding persons who attempted to offer USD 5 mln in bribe to the Heads of anti-corruption agencies to ensure the closure of criminal proceedings involving the former Ecology Minister under President Yanukovych (suspected of the seizure of stabilization loan funds provided to Real Bank PJSC).

The accused persons include the First Deputy Head of the State Tax Service in Kyiv, a top manager of a group of companies affiliated with the former Ecology Minister, and the Former Head of one of the Departments of the State Fiscal Service of Ukraine, minister's trustee.

As reported, on June 12-13, 2020, NABU and SAPO exposed three persons right after providing USD 5 million in bribe for the heads of NABU and SAPO to terminate the case involving the ex-Ecology Minister.

All three were detained and notified of suspicion. The High Anti-Corruption Court chose a measure of restraint to them in the form of custody with an option of being released on bail amounting to UAH 244 million in total.

In July 2020, NABU and SAPO issued a notice of suspicion to the ex-minister himself. As his location remains unknown the notice was sent by mail at the place of registration, to the housing maintenance organization at the last known place of residence and by phone.

On December 1, 2020, the case materials were disclosed and sent to court.

On March 26, 2021, the Supreme Court ruled it is the Kyiv Court of Appeal and not the High Anti-Corruption Court that has to decide the fate of the case in question. The National Bureau believes that such a decision of the Supreme Court actually legitimizes the violation of Ukraine's Criminal Procedure Code which clearly outlines NABU and SAPO's exclusive jurisdiction in such criminal proceedings.

 

According to Article 62 of the Constitution of Ukraine, a person is considered not-guilty in the commission of a crime and cannot be subject to criminal punishment until he or she is found guilty by court.