Law enforcement officers do not want to open criminal cases on economic crimes in order not to engage in intellectual work. This was stated in an exclusive commentary to UNN by Denys Neviadomskyi, President of the All-Ukrainian Association of Judges.
"Usually, law enforcement agencies enter information into the URPTI immediately after filing an application only in cases of simple, obvious crimes: murder, theft, etc. In the case of economic crimes, they usually provide a conclusion that there are no grounds for entering information into the URPTI to complicate the victim's path and reduce the amount of intellectual work for themselves," Denys Neviadomskyi noted.
However, he added that the court practice has already been formed, and the courts almost unanimously issue rulings obliging investigative bodies to enter information about a crime into the URPTI.
"However, in this case, the SBI and the BES, unlike the National Police, are in no hurry to enter information into the URPTI despite the court decision. This is undoubtedly a violation of the law and constitutes a crime. However, in practice, these agencies are not very afraid of this. Even if the court ordered the SBI to enter the information into the URPTI, and even if the SBI complies with the court decision, this is not a great victory, as the SBI can simply close the criminal proceedings in a few months for lack of corpus delicti," Neviadomskyi points out.
Context
A good example is the criminal proceedings that the Pechersk District Court of Kyiv ordered to open against officials of the State Tax Service at the request of Olena Sosedka, co-owner of the Concord Bank.
Sosiedka said that despite the fact that the court made the decision in April of this year, she still does not know whether the SBI has opened a criminal case based on her statement against the leadership of the State Tax Service.
According to her, a group of officials committed a crime by abuse of power, which led to serious consequences for the shareholders of JSC Concorde Bank.
For such actions, taxpayers may face up to six years in prison with disqualification to hold certain positions or engage in certain activities for up to three years.
Recall
The State Tax Service conducted an audit of Concord Bank after the NBU's decision to liquidate it. The audit lasted three months and, according to Olena Sosiedka, resulted in a report that stated violations totaling UAH 700 thousand. However, according to Sosedka, on the personal instruction of the head of the Verkhovna Rada Tax Committee, Danylo Hetmantsev, the tax authorities illegally "added" UAH 392 million. The Deposit Guarantee Fund, represented by the liquidator of Concord Bank, appealed this act to the Central Interregional Department of the State Tax Service for Large Taxpayers. After that, an additional tax audit was ordered, which is still ongoing.