Roman Nasirov, former head of the State Fiscal Service of Ukraine at home kept excerpt from the criminal proceedings falsified by the GPO against the Anti-corruption Action Centre. Nasirov is suspected by the National Anti-corruption Bureau for illegal authorising of postponing of tax payments given to companies of Onyshchenko.
This information was announced today during the court hearing where Nasirov challenged the seizure of his property.
The presiding judge announced the list of items seized during searches of the house of the former tax official, and said in particular that “NABU detectives during searches seized official documents, namely an excerpt from the criminal proceedings at the number 42016000000000688”.
This is the number under which in March 2016 the General Prosecutor’s Office of Ukraine has illegally started the criminal proceedings against the AntAC. Investigators from the so-called “Hranovsky-Kononenko” department had access to all the financial records of the Centre with the permit of further seizure.
In June 2016, Shokin’s successor, Yuriy Lutsenko closed the criminal proceedings shortly after he was appointed to the position of Prosecutor General. The case was closed due to “absence of an event of a criminal offence”. However, none of the prosecutors and investigators, who according to the AntAC, falsified documents of the criminal proceeding were punished.
According to the prosecutor of Specialized Anti-corruption Prosecution, Roman Symkiv, who was presenting in court, the presence of excerpt at Nasirov’s house might indicate that the former head of the State Fiscal Service could abuse his office and receive closed information from law enforcement authorities.
“Excerpt from the Register of Pre-trial Investigations on certain criminal proceeding is given to an investigator or prosecutor, namely an official of the authority conducting a pre-trial investigation of the case. Such an excerpt is closed information,”- explains the lawyer of the AntAC, Andriy Savin, who was present in the court during the consideration of the appeal of Roman Nasirova. “Excerpt could find itself in Nasirov’s hands only in one case – someone from investigative authorities leaked this document.”
One of the investigators in the criminal case against the AntAc was (at the time) the investigator for particularly important cases of the Investigative Department of Criminal Proceedings in Property Cases of GPO, V. Mashyka. According to his e-declaration, prior the GPO Mashyka worked as an investigator in the State Fiscal Service. He came to the “Hranovsky-Kononenko” department in late 2015, and already in March 2016 requested the court the access to banking and financial documents of the AntAC.
To recap, at AntAC’s accounts the GPO’s investigators were looking for money given by the US government for a reform of criminal justice system and, according to the GPO, should have gone directly to the accounts of prosecution. During the pre-trial investigation, Kyiv Pechersk Court allowed the seizure of all financial and accounting documents of the NGO. The relevant warrants were issued by the court on the same day, on 22 March 2016. According to the AntAC, seizure of documents happened in banks serving the NGO and the Ministry of Economic Development and Trade (MEDT).
On 27 May, the information accessed by the GPO was published on the social network Facebook by the user named Pavlo Nuss. In particular, this was information on individual counterparties of AntAC and money transfers to the current accounts of the Center made by donors. This information was covered by banking secrecy and was available as part of the criminal proceedings against the AntAC. It could be accessed only by the limited number of people, namely members of the investigative team in this criminal proceeding, prosecutors, and leadership of the GPO.
The AntAC won the court case for the opening of criminal proceeding regarding the falsification of documents and leakage of information by the GPO investigators and prosecutors who conducted the pre-trial investigation in the case against the AntAC. However, in February 2017 the GPO closed the case. Currently, the AntAC appeals the closure of case in court.