In Ukraine, over the past three years, there has been a significant increase in the number of criminal cases related to the abuse of power and official position. From the beginning of 2022 to September 2024, law enforcement agencies registered more than 8,000 criminal proceedings under Article 364 of the Criminal Code of Ukraine, which provides for responsibility for abuse of power.
As noted in the response of the OGP, in just 9 months of this year, law enforcement agencies registered 2,092 criminal proceedings on facts of possible abuse of power or official position. Of these, 229 cases were closed, and in another 167 proceedings, indictments were sent to the court for consideration.
In 2023, according to the OGP, 3,545 such criminal proceedings were opened. Of these, law enforcement officers closed 563 cases, and another 634 indictments were handed over to the court.
In 2022, 2,729 criminal cases were opened on facts of possible abuse of power or official position. Of these, 516 proceedings were closed, another 160 cases were referred to the court on merits and contained indictments.
As statistics show, every year the number of cases related to the abuse of officials is growing rapidly. This may be a consequence of the fact that officials feel impunity, because not even half of the cases opened against officials reach court.
One of the examples of such confidence can be called the criminal proceedings against Oleksandr Zyma, the chief lawyer of the National Bank of Ukraine. The case was opened at the end of 2022 and is still under investigation. Meanwhile, Zima continues to work at the National Bank.
The case was opened through Zima's letter to the Individual Deposit Guarantee Fund. In the document, Zima, who is the chief lawyer of the National Bank and the head of the Administrative Council of the Individual Deposit Guarantee Fund, recommended on behalf of the National Bank to the Deposit Guarantee Fund to withdraw the lawsuits filed by Concord Bank against the National Bank of Ukraine.
It was about four lawsuits, in which "Concord" demanded to cancel fines in the total amount of almost 63.5 million hryvnias. They were submitted even before the National Bank decided to liquidate "Concord" and introduced a temporary administration there.
The fund heeded the recommendation it received on behalf of the regulator. The letter contained the digital signature of Oleksandr Zyma, who is also the chairman of the Administrative Council of the Deposit Guarantee Fund, which appoints and dismisses its management.
In this way, Zima probably questioned the independence of the Directorate of the Individual Deposit Guarantee Fund, which now has a negative impact on interaction with international financial institutions. After all, it is not excluded that, for example, the IMF, due to dissatisfaction with the situation, began to actively demand that Ukraine develop a procedure and hold an open competition for the position of managing director of the FGVFD.
In addition, according to the co-owner of "Concord" Olena Sosedka, by his instructions, Zima deprived the bank's shareholders of their constitutional right to a fair trial.
Currently, Zima's case has been transferred from the SBI to the Pechersk Police Department of Kyiv for investigation. The law enforcement officers announced that they plan to determine the circle of victims, as well as interrogate the chief lawyer of the National Bank. Also, after serving Zima with a notice of suspicion, the investigators will apply to the court to remove him from the duties of director of the legal department of the NBU.
