Convicted of corruption: Why Zelensky should fire Sytnyk

 

NABU Chairman Artem Sytnyk lost a key case in Rivne concerning his elite rest. Now he will be included in the register of corrupt officials, which makes it impossible for him to continue taking position of NABU chairman. President Zelensky is obliged to dismiss Sytnyk.

About the case

Artem Sytnyk's appeal concerned the decision of the Sarnensky court of Rivne region regarding his elite holidays. Back in September, the trial court found him guilty of resting at someone else's expense on the territory of the Polissia-Sarny hunting ground. From 2017 till 2019 Sytnyk rested there five times. On average, each weekend cost about 100 thousand hryvnias, but Mykola Nadejko, who became a witness in this case, paid for the director of NABU. Sytnyk did not reflect the cost of this "presents" in his declaration.

The Sarnensky court decision states that the NABU director must pay a fine of UAH 3,400. But money is not the main point here. Due to this decision, Sytnyk will no longer be able to occupy his post because his name is put to the register of corrupt officials. That is why the NABU chairman also filed an appeal, that was scheduled for November. However, Judge Oleg Polyuhovich announced his recusal due to a conflict of interest.

Today's session of the Court of Appeal in Rivne was conducted successfully - Sytnyk was present at the video conference. The defense of NABU chairman insisted that there are no documents proving Sytnyk's vacation at the expense of others, as well as evidence that Nadejko paid him in full. The defense also saw an error with the address of the houses where Sytnyk was resting, demanding to satisfy the appeal. Defense also stated, that Sytnyk promised Nadejko to return the money and Nadejko allegedly had no claims against him.

But judge, having considered the decision, dismissed the appeal and upheld the decision of the court of first instance. Thus, Sytnyk's vacation, which he did not described in the declaration, was found to be corrupt. Now Sytnyk can file a cassation. And already the court of cassation can review the whole case and make a new decision on the merits of the case. This can take years. However, during the time of cassation, the first-instance judgment is considered valid.

What's next

Taking into consideration the decision of the court of first instance, Artem Sytnik is included in the register of corrupt officials.

According to the legislation concerning NABU, the director of the Anti-Corruption Bureau is appointed and dismissed by the president. The Verkhovna Rada of Ukraine may also decide to dismiss the Director of the National Bureau – basing on the proposal of at least one third of the deputies of Verkhovna Rada.

According to the Article 6 of the Law on NABU conviction is sufficient cause to dismiss the chief of organization.

By law, Sytnik now has three options. The first is that President Zelensky will dismiss him. The second is that he will be dismissed after decision of parliament, where Volodymyr Zelensky's party "Servant of the People" has a majority. The third - Sytnyk can write a letter of resignation and save the face.

Who loses in Sytnyk case

Recently, NABU has become the most active law enforcement agency. It started after the meeting of Sytnyk with Vladimir Zelensky, when NABU, together with the SAP, entered into a "turbo mode". New high-profile cases appear every week, searches are conducted, suspicions are announced. And it concerns quite influential people, businessmen of the caliber of Sadovy, Zhevago, Dubnevich, Svyatash, Bakhmatyuk. For example, NABU started the case concerning the refinancing of VAB Bank and the NBU loan of 1.2 billion. Sytnik bureau actively worked on it despite the conflict of interests between it and Oleg Bakhmatyuk, which already casts doubt on NABU's actions. The conflict is that Nadejko, who paid for Sytnyk's vacation in the Polissie-Sarny land, is an adviser of Oleg Bakhmatyuk's sister.

In general, the parade of suspicions to big businessmen and influential people is a kind of cover for some figures in the new government, who disguise the redistribution of property in the country. "Mirror of the Week" already wrote that the main player on this kind of "raider" field may be the chairman of the OP Andrey Bogdan, who did not refute the article. His right hand is allegedly the head of NABU Artem Sytnyk, in particular because of his problems with corruption. Accordingly, now, after the dismiss of Sytnyk, Andrew Bohdan's influence can theoretically be diminished.