NABU's Appeal against Decision to Close Bakhmatyuk's Case Is Nonsense, Lawyer Concludes

Kozachenko stated that the manner in which NABU was acting in that situation was no different from that of those NABU was "fighting". 

The lawyer Tetiana Kozachenko posted on her Facebook a comment on yesterday's decision by the Office of the Prosecutor General to comply with the ruling of the Pechersk District Court of the capital to close the case against the former first deputy Governor of the NBU, Oleksandr Pysaruk, and the businessman Oleg Bakhmatyuk concerning refinancing of VAB Bank during the banking crisis of 2014. According to her, the decision by the deputy Prosecutor General to reopen the case was made with multiple violations, which was confirmed by court. She also condemned NABU's response consisting in its refusal to comply with the court order and its unwillingness to close the case.

NABU explains its refusal to comply with the court order by the fact that it has appealed it to another court, the Appeals Chamber of HACCU. This appeal, however, is nonsensical. "The ruling of the Pechersk Court is NOT subject to appeal. The fact that NABU's appealed a ruling of the Pechersk District Court to the Appeals Chamber of the High Anticorruption Court is just another nonsense. The Appeals Chamber of HACCU is not and cannot possibly act as an appellate court in respect of a ruling issued by the Pechersk Court (as per para 20 of Section 1 of Article 3 of the CCP of Ukraine)", said the lawyer.

"There will be trust in government institutions only when they act in accordance with the law, and NABU is no exception. Because the manner in which NABU is acting is no different from that of those NABU is "fighting"", concluded Kozachenko when commenting on NABU's statement.

Just as a reminder, the court has found the reopening of the case against Pysaruk and Bakhmatyuk by former deputy Prosecutor General Kasko unlawful. The case was originally opened based on allegations of misappropriation of refinancing provided by the NBU to VAB Bank during the banking crisis of 2014. An expert examination by the Deposit Guarantee Fund and statements by the NBU have confirmed that the proceeds were fully used according to their designated purpose and paid out to the bank's depositors. Furthermore, Oleg Bakhmatyuk has himself proposed to repay UAH 8 billion worth of debts to the government. He has not received any response from the NBU though.