NABOO and the Specialized anticorruption Prosecutor’s office issued a statement in which they speak about the inadmissibility of changes of jurisdiction in the case of “savings” and encourage return business.
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“Change of jurisdiction in appropriation of $ 20 million. USA state JSC “Oschadbank” in which the detectives NAB and prosecutors SAP reported about suspicion to the 12 persons with the investigators of the national police of Ukraine is unacceptable and directly violates the requirements of code of criminal procedure. The corresponding solution for no apparent reason without the discovery and study of materials of criminal proceedings, the attorney General received 19 July 2019. To prosecute NABU and SAP appeal of Yury Lutsenko to return criminal proceedings investigators from the National office.
We remind you that in may 2016 the NAB and SAP was carried out pre-trial investigation in criminal proceedings on signs of the criminal offenses provided by part 5 of article 191, part 3 of article 209, part 2 of article 364, part 1 St. 366 criminal code of Ukraine.
According to investigators, in the period 2013-2015 officers of private companies part of the group “Creative”, in collusion with officials of JSC “Sberbank”, forging documents, illegally obtained in the state Bank loan of $ 20 million. The United States allegedly for the purchase of sunflower seeds. After receiving funds, the then owners of the group “Creative”, brought them overseas to accounts controlled companies registered in Belize and Switzerland. And then the same money was paid for the purchase of corporate rights of legal entities, possessed of a valuable estate.
As part of the investigation in the fall of 2018 12 persons it is reported about suspicion. In particular, the owners and officials of the group of companies “Creative”, employee of JSC “Oschadbank” and the independent evaluator. At the same time, in November the Verkhovna Rada of Ukraine supported the proposal of the Prosecutor General and refused to consent to the criminal prosecution, detention and arrest of the organizer of these crimes – the people’s Deputy and beneficial owner of the group “Creative”.
For six months in July 2019 – inexplicably and in violation of ч5 article 36 of the CPC of Ukraine, the Prosecutor General suddenly changing the jurisdiction in criminal proceedings by investigators of the Main investigation Department of the National police of Ukraine. The decision was made despite the fact that the attorney General, it is known about the possible involvement of the MP of Ukraine to a specified offence. After Yuri Lutsenko personally supported and submitted to the Parliament the idea of bringing people to criminal responsibility. The size of the instruments used in this production exceeds five hundred or more sizes of the subsistence minimum for able-bodied persons established by law at the time of the crime. In accordance with applicable law subject to the above, this crime can be investigated exclusively by the National office. Under the criminal procedure code must not be assigned to conduct pre-trial investigation of criminal offences referred to the investigative jurisdiction of the National anticorruption Bureau of Ukraine, another pre-trial investigation body. Therefore, the General Prosecutor of Ukraine adopted a decision contrary to the law.
NABU and SAP for more than three years of painstaking work, gathered evidence, made a huge number of investigative actions to establish all the circumstances of the crime and found the range of possible participants in the scheme. Unfortunately, the decision of the attorney General threatens the possibility of bringing officials to justice. Even if Natspolitsiya will complete the investigation, the court may return the indictment to the Prosecutor as such, which does not meet the requirements of the criminal procedure code on the definition of jurisdiction.
NABU and SAP appeal of Yuriy Lutsenko as soon as possible to take a procedural decision, which is to turn the criminal proceedings the detectives and determine the jurisdiction of the NEB, as it provides the legislation of Ukraine”.