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What is the reason for the “spy” scandal at NABU?

The removal of Uglava from the post of first deputy director of the Bureau could have serious consequences for this anti-corruption body

On Friday, May 24, the director of the National Anti-Corruption Bureau (NABU), Semyon Krivonos, removed his first deputy Gizo Uglava from his duties. This happened against the backdrop of a scandal about a possible leak of information from NABU, which was announced by the Special Anti-Corruption Prosecutor's Office (SAP). Various activists also joined the “spy” scandal. About the causes of the scandal and its possible consequences.

SAP vs NABU

On May 22, information appeared in the media that SAPO was conducting searches at a NABU representative as part of an investigation into information leaks in the criminal case on “Big Construction”. It was noted that investigative actions are taking place at the place of residence of NABU detective Valery Polyuga, as well as at the ex-head of the Brovary Regional State Administration Georgy Birkadze, who was called a “person of interest in the case.”

Later, the SAPO officially confirmed the information about the searches, noting that the SAPO “provides procedural guidance in the pre-trial investigation conducted by the NABU Internal Control Department under Articles 364 and 387 of the Criminal Code regarding the possible commission of criminal offenses by Bureau employees.”

“The corresponding proceedings were started after a memo from a whistleblower - an employee of NABU,” the message noted.

The prosecutor's office also confirmed that as part of the investigation, a search was carried out at the place of residence of an active NABU employee, a detective of one of the units.

At the same time, the SAP did not mention a single name.

However, in the SAPO message they noted: “The National Police of Ukraine was involved in the search due to insufficient resources of the NABU Internal Control Department. National Police officers do not and could not have any access to the investigation materials of the National Bureau.”

The next day, May 23, NABU published a response from SAP. The bureau said it would handle the investigation on its own and gently hinted to the SAPS not to interfere.

“The NABU Internal Control Department has begun a pre-trial investigation into a possible information leak. Since the beginning of registration in the ERDR, almost all investigative actions have been carried out directly by SAPO prosecutors, including with the involvement of operatives of the National Police. We inform our colleagues in the SAPO: NABU had and still has enough resources to carry out the investigation,” the message says.

Details of the case from activists

Although a misunderstanding arose between the two anti-corruption agencies, they did not disclose the details of the case and the names of the defendants in their reports.

Meanwhile, investigative journalist Yuri Nikolov revealed the details.

“Yesterday, a source in law enforcement confirmed that the curator of “Big Construction” Yuri Golik was informed about his own case by a businessman from the construction industry - Birkadze, now known as the PR ace of the President’s Office. And Birkadze received this information from someone who had access to very different areas of NABU activity both under Sytnik and under Krivonos. Obviously, this is not Sytnik or Krivonos. Who then?” Nikolov wrote.

Later, Yuri Nikolov, together with the head of the public organization Anti-Corruption Center (ACC) Vitaly Shabunin, made a video in which they added details.

“In 2021, UAH 100 billion was allocated for large-scale asphalting of the country. The curator of this large asphalt project, Yuri Golik, as he called himself, was always under the spotlight. But his irresponsible position did not require any signatures or submission of declarations. Nothing. NABU detectives understood who he was and worked on stories based on him, but there was always some kind of bummer. He was always ready for them,” activists say.

According to Nikolov and Shabunin, detectives understood that a leak was occurring.

“As part of the investigation, the apartment of one of the NABU detectives and Georgy Birkadze has already been searched. It is known that Birkadze received information on his mobile phone from his informant inside NABU. These messages then disappeared 10 seconds after they were read. From another phone he forwarded information to Yuri Golik. The mistake occurred because, due to laziness, Birkadze simply took photographs of this correspondence with another phone and sent the photos to Golik. And they were found on Golik’s phone during the search,” activists say.

In general, most of the information is the result of the activities of anti-corruption activists who insert details into the information field.

“If we talk about leaks, then both NABU and SAPO do not disseminate information on this case, maintaining the secrecy of the investigation. And it is right. But some civil activists turned out to be more knowledgeable and have already told everything,” Viktor Prudkovskikh, a member of the NABU Public Control Council, notes in a comment to Apostrophe.

What does Uglava have to do with it?

As part of the mentioned case, the first deputy director of NABU, Gizo Uglava, was removed from his duties.

The removal of Uglava was officially announced by NABU itself. It is noted that Uglava himself wrote a statement “about a possible conflict of interest.” Again, no details were given.

But the details were again reported by civil anti-corruption activists.

“The reason: he personally leaked information about the progress of a number of criminal proceedings that detectives were investigating. And we are talking here not only about the “Big Construction”, but also about other cases that in one way or another concerned or concern current officials,” wrote activist Yevgeny Shevchenko. “In total, 23 possible cases of leaking information that Uglava transferred to his close friend Georgy Birkadze are being studied - the ex-head of the Brovary Regional State Administration - who, in turn, conveyed it to those persons against whom the detectives were conducting NIDS (covert investigative and investigative actions).”

Note that Gizo Uglava is among the founding fathers of NABU and belongs to Saakashvili’s team. He came to Ukraine in 2014 as a consultant as part of a team of Georgian reformers. Worked in a group involved in the implementation of anti-corruption legislation. On April 25, 2015, Uglava was appointed to the position of first deputy director of NABU, which he holds to this day.

The Anti-Corruption Center considers this decision of the head of NABU to remove Uglava questionable. “There was a conflict of interest from the very beginning of the investigation. That is, the first deputy of Uglava wrote a statement only after a public scandal. Although it is no longer a secret that he was aware of the fact of the investigation from the very beginning,” activists say.

“Public activists here, frankly speaking, are wrong,” notes Viktor Prudkovskikh. “Firstly, we have no information that Uglava is involved in this case. Secondly, he wrote a statement about a “possible conflict of interest”, probably since it concerns his subordinate, which is a fairly common practice that I observe in participation in the work of the disciplinary commission of the Bureau.”

What's behind the activists' statements?

It should be noted that two days before the start of the events described, namely on May 20, CPC lawyer Elena Shcherban published a material in which she claims that the head of NABU does not control his deputies.

“It’s interesting that just a little over a year ago, the CPC was already interested in NABU, and wrote about the head of NABU, Semyon Krivonos, as a person who controls his deputies too much. Here I see a little inconsistency in position,” says Viktor Prudkovskikh.

“In my opinion, Shcherban’s article, and then the subsequent hype of civil activists on the topic of “searches in NABU,” may be an element of political pressure on the department,” the expert continues, “the fact is that in September the first in its history should be held at NABU the audit and auditors will have to reach their conclusions. And activists’ statements are the formation of an information field.”

“Civic anti-corruption activists have changed their shoes in the air and are “wetting” Gizo Uglava, although a year ago they defended him. For example, I have more complaints against the former head of NABU Sytnyk than against Uhlava,” political scientist Vitaly Kulik tells Apostrophe. “I don’t see the consequences of NABU’s work. I don’t see a single top corrupt official imprisoned. Yes, there are suspicions. But not more".

According to Vitaly Kulik, the problem is not in Uhlav or Krivonos, but in the architecture of the department.

“In September, NABU will undergo the first audit in its history, and we will see several more similar stories,” the expert concluded.

NABU and SAP are together again

But let's return to the sensational story. The National Anti-Corruption Bureau stated that, together with the Specialized Anti-Corruption Prosecutor's Office, they had reached a joint vision for organizing a further objective and impartial investigation into the facts of disclosure of pre-trial investigation data.

“Both institutions remain committed to the main purpose of their creation and continue to exercise their powers to ensure the inevitability of punishment for high-level corruption. NABU and SAPO will inform the public about the results of this investigation,” the statement says.

“Both bodies were created with the goal that the concept of inviolable names or positions would disappear in Ukraine. Our main task now is to take all necessary measures to maintain and increase trust in joint work and results,” the institution informed.

However, such statements now look more like not a formalization of a real world world, but an attempt to demonstrate to the public (especially Western sponsors) the appearance of unity.

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