The main reasons for the "espionage" scandal in NABU

On Friday, May 24, the director of the National Anti-Corruption Bureau (NABU) Semyon Krivonis appointed another person to temporarily perform the duties of the first deputy, releasing Gizo Uglava from this position. Such steps were taken in connection with the statement of the Special Anti-Corruption Prosecutor's Office (SAP) about a possible leak of information from NABU. This scandal, in which various activists joined, caused serious consequences and requires careful consideration.

On May 22, it became known in the mass media that the SAP began searching the representative of NABU, which is connected with the investigation of a possible leak of information in the criminal case about "Big Construction". It was noted that these actions are taking place at the residence of NABU detective Valery Polyuga and ex-head of Brovary RDA Giorhiy Birkadze, who is suspected of being involved in the case.

Later, the SAP confirmed the fact of the searches, explaining that it conducts procedural management in a pre-trial investigation regarding possible offenses by NABU employees, initiated on the basis of a memo of a whistleblower from the Bureau itself.

According to the information, the SAP involved the National Police due to insufficient resources of the Internal Control Department of NABU, but claims that the police did not have access to the materials of the National Bureau's investigations.

The next day, on May 23, NABU published a response to the SAP's accusations, declaring its ability to independently conduct an investigation. The bureau emphasized that it has its own resources for this and does not need additional assistance from the prosecutor's office.

Although there were misunderstandings between the National Anti-Corruption Bureau (NABU) and the Special Anti-Corruption Prosecutor's Office (SAP), both agencies refrained from disclosing the details of the case and the names of those involved.

Meanwhile, investigative journalist Yuriy Nikolov revealed some aspects of the case in his reports.

"Yesterday, a source in the law enforcement agencies confirmed that a businessman from the construction industry, Birkadze, known as the PR ace of the President's Office, informed the curator of "Big Construction" Yury Golik about his case. Birkadze received this information from a person with access to various spheres of activity of NABU during the leadership of both Bureaus — Sytnyk and Kryvonos. Obviously, this is not Sytnyk or Kryvonys. But who then?" Nikolov wrote.

Later, Nikolov and the head of the anti-corruption center, Vitaly Shabunin, public organization, released a video in which they provided more details.

"In 2021, UAH 100 billion was allocated for large-scale asphalting. The curator of this project, Yuriy Golyk, was under the sights of the soffits. But his position did not require even the most basic responsibility. NABU detectives knew who he was and conducted an investigation, but without success. He was always one step ahead," say the activists.

According to Nikolov and Shabunin, the detectives understood that there was a leak of information.

"During the investigation, the apartment of one of the NABU detectives and Heorhiy Birkadze was searched. Birkadze received information on his mobile phone from his informant inside NABU, after which it was automatically destroyed. However, Birkadze photographed this correspondence and sent the photo to Golyk. During the search, these messages were found in Golyk's phone," the activists claim.

Most of the information, experts note, became known thanks to the activities of public activists who invest efforts in revealing the details of the case.

"Regarding disclosure of information, NABU and SAP do not disclose it in order to preserve the confidentiality of the investigation. This is extremely important. But some public activists learned more," adds Viktor Prudkovskikh, a member of the NABU Public Control Council.

As part of the mentioned case, it was decided to remove from the duties of the first deputy director of the National Anti-corruption Bureau (NABU) Gizo Uglava.

This information was officially confirmed by NABU representatives. They emphasized that Gizo Uhlava himself filed a statement "about a possible conflict of interests." However, the details of this decision were not disclosed.

Anti-corruption activists revealed some aspects of the case, claiming that the reason for Uglava's suspension was his personal disclosure of information about the progress of criminal investigations conducted by NABU detectives. This information was passed on to a businessman from the construction industry, Georgy Birkadze, who in turn distributed it to other persons who were under investigation.

It should be noted that Gizo Uhlava is one of the founders of NABU and works in Mikheil Saakashvili's team. He came to Ukraine in 2014 as a member of the advisory group of Georgian reformers. In April 2015, Uglava was appointed to the post of first deputy director of NABU.

The "Anti-Corruption Center" expressed doubts about the objectivity of this decision, noting that the conflict of interests was evident at the stage of the investigation, and the statement itself was submitted after a public scandal. However, member of NABU's Public Control Council Viktor Prudkovskyi believes that activists are jumping to conclusions, as there is insufficient evidence of Uglava's involvement in the case. He also notes that submitting a statement about a possible conflict of interest is a standard procedure in such cases.

It is worth noting that two days before the beginning of the events described in the article, namely on May 20, the lawyer of the Anti-Corruption Center (ACC) Olena Shcherban published an article in which she claimed that the head of the National Anti-Corruption Bureau (NABU) does not control his deputies.

"It is interesting that a little over a year ago, the Central Committee of the Communist Party of Ukraine was already interested in NABU and wrote about Semyon Kryvonos, the head of NABU, as a person who controls his deputies too much. Here I see a certain inconsistency regarding the positions," Viktor Prudkovskyy notes.

"Scherban's article and the subsequent resonance of activists on the subject of searches in NABU can be an element of political pressure on the agency. The fact is that in September NABU will undergo the first audit in its history, and the auditors will have to draw their conclusions. The statements of activists are a component of the formation of the information field," the expert adds.

"Civil activists have refocused and are aligning themselves against Gizo Uglava, although they defended him a year ago. I have more complaints against the former head of NABU Sytnyk than against Uglava. I do not see the results of NABU's work, I do not see any officials who would be punished. There are only suspicions, and nothing more," political scientist Vitaly Kulyk shares his thoughts.

According to him, the problem is not in Uglav or Kryvonos, but in the very structure of the department.

"In September, NABU will conduct its first ever audit, so similar scenarios may play a key role in the future," the expert emphasizes.

Despite this, the NABU and the Specialized Anti-Corruption Prosecutor's Office (SAP) stated that they had reached a common understanding regarding the further objective and impartial investigation of the facts of the disclosure of the data of the pre-trial investigation.

"Both institutes remain faithful to their main goal — the fight against high-ranking corruption. NABU and SAP maintain public trust in their joint work and results," their joint statement reads.

"These announcements probably look more like a political exchange by Western partners than a real agreement," the expert adds.

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