The president Victor Yushchenko declared that is indignant of GPU and SBU divergence in the fight against corruption sphere. He told about it at a meeting with cochairmen of the Interdepartmental working group on corruption counteraction - the public prosecutor Alexander Medvedko and вр.и.о. heads of SBU Valentyn Nalyvaichenko.
The president refused to listen to their report on the done work, having accused of inability to fight against corruption as the report which to it submitted for acquaintance before a meeting, in his opinion, contains "only fight against corruption illusion". V. Yushchenko is indignant of that last year any corrupt official in law enforcement agencies, and especially in vessels, wasn't punished. "The whole law-enforcement army in a year could carry only three case", - the president told, having noticed that it was a question only of attraction to administrative responsibility. "You can't move these affairs, you aren't threat for corrupt officials, over you party umbrellas, political umbrellas, and you think that you have an alibi to live bezdeyatelno", - Yushchenko emphasized.
He is indignant that the prosecutor's office and SBU couldn't bring an order to the sphere of the land relations, didn't promote corruption identification in vessels, other supervisory authorities, didn't show an initiative of modification of the legislation on fight against corruption. V. Yushchenko noticed that at all doesn't see any positive result of work of the Interdepartmental commission on corruption counteraction therefore her cochairmen will report not now, and in February at national meeting on corruption counteraction.
As a whole agreeing with the given estimates of the president, "ZN" all - decided to listen to the general prosecutor A.Medvedko and addressed to it with the corresponding request.
- Alexander Ivanovich, the State Office of Public Prosecutor carries out an order of the president of Ukraine Century.Yushchenko, concerning verification of statements for unauthorized selection of gas?
- On January 12 we received an assignment from the president to carry out an inspection about probable unauthorized selection of gas by Ukraine. We connected all law enforcement agencies to this work: The Ministry of Internal Affairs, SBU, and also tax and customs services, GLAVKRU, gave an assignment to prosecutors of the Zakarpatye, Lvov, Chernovitsky and Odessa areas, for which territories gas-distributing stations are located. We received from them answers that the corresponding checks with departure on places are carried out. Employees of stations were interrogated, counters, etc. are examined. As a result received information that the facts of unauthorized selection of the Russian gas aren't established. This work is still continued, and after its termination we will give answers to all questions posed.
Having received an order of the president, we carried out an inspection not only in this direction, but also by calculations of the enterprises for the natural gas consumed by them. We check 120 enterprises with the greatest debt. Besides, we check both a heat supply, and delivery by regional gases of natural gas to the population. By results of check as of 20.01.09 to the enterprises - 17 claims are declared to debtors collecting debt for the sum about 22 million UAH, 180 acts of public prosecutor's response to elimination of the found violations are introduced. Only by the current results of this check 30 million UAHare really compensated
In general toplivno - the power complex is in a constant field of vision of prosecutor's office, this our priority direction. Last year we brought 240 criminal cases which vast majority is brought to trial. Under acts of public prosecutor's reaction about three thousand officials are attracted to different types of responsibility, 630 million UAHare compensated
- And among cases which you investigated last year, was though one, connected with unauthorized selection of gas?
- No, there was no.
- The prime minister - the minister Yu. Tymoshenko accused of lobbying of interests of a certain company on gas re-export. You check this information?
- The other day we received the letter from the secretariat of the president that, probably, Yu. Tymoshenko lobbies interests of certain enterprises in this context. Soon we will surely check information stated in it.
- To the president charges - from lips of the prime minister, other politicians, and also experts, journalists also are distributed. Whether the prosecutor's office investigated questions of probable participation in gas business of the president or his environment?
- It after all not the first such statement, and we checked information earlier, and now. Tatyana Kornyakova today (on January 21. -Edition) I reported that check is carried out, Victor Andreevich's communication personally or members of his family with gas transactions isn't established. We can tell firmly that it isn't present.
- And its environment?
- Check on other questions proceeds.
- And "Rosukrenergo" interests the Prosecutor General's Office?>
- This question is among others, making the content of our check.
- In 2006 of GPU studied "Petrogaz" activity? Than this investigation ended?
- This question was studied, an inspection was carried out, but the decision as article of 97 PDA (occasions and the bases for initiation of legal proceedings) wasn't accepted. We simply informed the leaders of the state that an inspection is carried out. Concerning "Petrogaz" we have no such materials.
- The Russian Audit Chamber has the bases to study "Rosukrenergo" activity as 50% in it belong to "Gazprom", there is state money. Whether really the Ukrainian Audit Chamber checks activity of "Rosukrenergo" and on what bases - after all it is private firm, unless the Audit Chamber has appropriate authority?
- I consider that our Audit Chamber can't check private enterprises. It put - to check use of budgetary funds.
- Colleagues from Russia ask you for information or other help in connection with research of activity of "Rosukrenergo"?
- Colleagues from the State Office of Public Prosecutor of the Russian Federation didn't address to us though we communicate and we have very good relations.
- There was a statement of Yu. Tymoshenko and the head of Russian "Gazprom" A. Miller that negotiations are broken from - for "Rosukrenergo" interventions.If it is true, unless it doesn't look as threat of the national safety which integral component is energy security?
- You know, this statement the prime minister - the minister has rather political character. I consider that such statements are a policy, and we there shouldn't interfere. There will be an address to us the prime minister - the minister or other official, we, undoubtedly, will check.
- And as you in general treat that our high-ranking officials on the left - to the right distribute each other "slaps in the face", being scattered by charges which then nobody proves. That performance, either high treason, or slander and insult.
- On the one hand, I as the prosecutor regret that there is no criminal responsibility for an insult and slander, and with another, it is so easier for me to work. I can't resort to measures of public prosecutor's reaction because there is no such article in the Criminal code of Ukraine. And about me tell a lot of things. Since I became a public prosecutor, every year me and, respectively, bodies of prosecutor's office connect with any political forces. At first me accused that I carry out the order of Party of Regions, then - that I carry out everything that tells the secretariat on Bank. And recently already speak as if I serve BYuT. And I consider that it just and testifies to a neutral position of the State Office of Public Prosecutor.
- Alexander Ivanovich, and for corruption actions of serving two first categories really isn't present accountability cases?
- Here we were criticized fairly by the president, specifying that on this direction of fight against corruption - concerning civil servants of the two first categories - at us achievements aren't present, any person isn't brought to trial. On all state - only three cases of attraction to administrative responsibility according to the Law "About Fight Against Corruption". One person - in the Crimea, two - in the central executive authorities in Kiev. But serving 3-5 categories - much more, than earlier.
But in a year we brought to trial 1687 criminal cases with corruption signs. It is a lot of more than ever. Established the caused damage on 94 million UAH, 90 which % are compensated. This year 2957 facts of bribery - the most dangerous manifestation of corruption are revealed.1367 criminal cases are directed to court (in one criminal case, as a rule, it is a question of several facts of commission of crimes).
Us accuse that we often close criminal cases. But in a year we closed only 23 criminal cases, and those for the objective reasons. Mainly it affairs of last years which are quite difficult for proving. I don't agree with charges that the prosecutor's office is engaged in trifling affairs, including land. The last example concerns the Brovarsky area where 40 million dollars demanded, four are arrested.
Last year we revealed 600 crimes in education, 240 cases of bribes, the 172nd criminal cases are brought, 152 are sent to court. I consider that the prosecutor's office works normally.
By the way, so far as concerns fight against corruption, all nod only on law enforcement agencies. But why nobody carries out article 10 of it, let and outdate already, the law? In it it is said that the management of the ministries and departments has to establish the corruption facts in the departments and send materials to law enforcement agencies. But any such material isn't present. At us reveal corruption, only when there is a government change. The government retired - at once all his members become corrupt officials, for now in power - any.
- There is an order of the president to check information on activity in Kiev region of an organized criminal group with which connect B. Gubsky. This information was confirmed?
- We had an assignment to check observance of the land legislation in Kiev region and probable participation in violation of the land legislation of a number of People's Deputies, including B. Gubsky. The prosecutor's office of Kiev region brought to trial tens criminal cases about violation of the land legislation. Besides, the Prosecutor General's Office of Ukraine investigates criminal case of violation of the land legislation in Kiev region. On this criminal case two persons are arrested, resolutions on attraction as accused six more people are taken out. They are put on the wanted list. This business concerns not only the land relations, is there and raider captures in the territory of the Poltava and Odessa areas. This difficult and very important for us criminal case. In the course of its investigation B. Gubsky's participation is checked also.You now will ask a question of, whether there was a representation on Gubsky or not therefore I answer immediately. I don't know, from where Grigory Emelyanovich (Omelchenko. -Edition) took, what I directed representation, and then withdrew it from the Verkhovna Rada? If it there went, there would be registered. Representation didn't go to the Verkhovna Rada of what Vladimir Litvin and Grigory Omelchenko are informed.
- And that, any intrigue connected by what representation left these walls and disappeared or, maybe, returned, wasn't?
- Wasn't. The question of such representation was really discussed at our meeting, but the representation in the Verkhovna Rada wasn't.
- And B. Gubsky appears in this case?
- Gubsky is interrogated as the witness, and it isn't neither suspected, nor accused on this criminal case.
- About passions round the earth. I will make bold to claim that the prosecutor's office entered essentially new type of decisions on allocation of the land plot - by satisfaction of protests of prosecutors. For example, known case of allocation of eight hectares of the earth on Dneprovskaya Embankment (in 100 - a meter coastal strip) to Jan Tabachnik's International creative center. In this case it is a question actually not of a protest of the prosecutor on Kiyevsovet's decision, and on a protest of one prosecutor (Kudryavtsev) on the solution of another (the Deputy Prosecutor General, the prosecutor of Kiev) - same on level, after all both are deputy public prosecutors of Ukraine. And actually deputies of the City Council put before need to find out who from these two deputies is more main - what brought a protest in 2005 or what in 2007 - m? Kiyevsovet was considered already by one protest of the deputy of the public prosecutor and satisfied it therefore to consider a protest of other deputy and it couldn't make other decision simply. Though I made it, free of charge allocating a certain person the land plot, which market cost of 80 million US dollars. Whether such things and who from prosecutors was mistaken seem to you strange?
- I know this situation, and I wouldn't like that it looked so as if I protect the deputy, but I consider that Kudryavtsev here is right. It brought a reasonable protest, and I supported him.
- Concerning business of the well-known judge Zvarycha to all Ukraine curious the following is represented.On December 2, 2008 criminal case on h is brought. 3 Art. 368 of KK (receiving a bribe in especially large size or the official holding especially responsible position) - from 8 to 12 years also with confiscation. On December 7, 2008 - charge is brought. And only nine days later are brought idea of detention and arrest. At the same time Criminally - the procedural code gave the chance to bring representation already 2-го numbers - after initiation of proceedings, and is absolute - on December 7. It that - office negligence?
- I don't agree with you. It is impossible to judge simply by one dates. When we brought this criminal case, the judge Zvarych complained of very ill health, fell, fainted. Therefore to it caused "neotlozhka" and sent to hospital. Doctors appointed a course of treatment. It has inviolability as the judge. And to address in BP for receiving a consent to his arrest, it was necessary to collect proofs.
- Well and a sack with money, records?
- It quickly - technical actions, them it is necessary to legalize in materials of criminal case, in interrogations, judgments etc. Therefore I don't consider that there was an office negligence. When we brought together all necessary to address in BP, I made it. Besides, consider that we address to the chairman of the Supreme Court, and already it sends these materials to BP. I am grateful to the chairman of VS Vasily Onopenko - made it quickly.
- And where judge Zvarych now?
- He is put on the wanted list, reliable information about where it, we have no.
- Your deputy R. Kuzmin appears in print and tells about pornomaterials on which entertainments of the judge Zvarycha are recorded. I have no the slightest sympathy for Zvarychu, but there is article 387 UK - disclosure of data of a pretrial investigation or inquiry.
The part 2 of this article provides that disclosure of data of a pretrial investigation or the inquiry, made, in particular, the prosecutor, "irrespective of, whether this person directly took part in a pretrial investigation or inquiry if the divulged data dishonor the person, humiliate his honor and advantage, - is punished by a penalty either corrective works or arrest for up to 6 months".I don't say that directly against Zvarycha it doesn't concern an essence of criminal case and it forced nobody, it seems. How you react to such actions of subordinates?
- Well, first of all R. Kuzmin himself bears responsibility for the words and acts. But - I consider all that this fact, probably, would humiliate honor and dignity of the person if wasn't true. But it everything is documented. And R. Kuzmin told that was valid. Besides, all this shooting was issued by the protocol according to the Law "About Quickly — Investigation Activity". Therefore I wouldn't accuse
- At what stage there is a case of poisoning of the candidate for president V. Yushchenko? Speak, already almost 800 witnesses are interrogated, it so?
- Last year large volume of works is carried out, more than one thousand investigative actions is executed, including a large number of witnesses - how many is interrogated, I didn't consider.
In that the fact of poisoning took place, I, at M. Golomsha - the deputy supervising investigation of this business, and have no members of an investigation team of doubts. And this fact is proved by materials of criminal case. We do everything to solve this crime.
- And what destiny of films of Melnichenko?
- Nikolay Melnichenko - the person difficult, at it, we will tell so, there is the position on this business, it is difficult to work with it. But eventually, despite its different requirements, in Embassy of Ukraine we carried out all necessary investigative actions to the USA. In December of last year our investigation team left there and in the presence of three experts from two European countries we withdrew from it originals of films, the device to which he, according to him, made these entries. The resolution of the investigator these experts are appointed business experts. With their participation in January - February we will appoint complex is judicial - fonoskopichesky examination. After that we will receive result which becomes a basis for the subsequent advance on business.
But it is very difficult to investigate case, when there is no the main witnesses - А.Пукача, Yu.Kravchenko.
- The well-known business of militia werewolves under the leadership of Goncharov about whom and we wrote much.Whether the legal investigation of attempt at the witness - accused on this case is finished?
- Yes, upon attempt at the witness who stayed under protection, criminal case was brought. It was investigated and investigated, we gave the corresponding instructions and SBU and the Ministry of Internal Affairs about establishment of the persons who have made attempt, but the positive result isn't present. I would like by the way that bodies of prosecutor's office often accuse - a pier, didn't establish, didn't find. But we aren't engaged in search. We work, so to speak, on "raw materials supplied by the customer" - gave us the person, we bring charge or we say that for this purpose there are no bases.
- The president Yushchenko, only having entered a position, I went abroad and I reported about business of werewolves, which just brought to trial, as about the certificate of that to bandits everything is there will be prisons. Already and presidential term here - here will expire, and the end isn't put to business still. I understand, it difficult but why it is so inertly considered in court?
- It really difficult. You remember what was Goncharov's death. Well and we can't influence court, we don't exercise now supervision, and we are simply the party on business. Moreover, the judge considering case, unfortunately, died therefore judicial examination is repeatedly held. However, we hope that in the matter of werewolves everything is the sentence will be pronounced.
- We spoke about judges and guards. And here prosecutors are in exclusive situation as office crimes are a business of prosecutor's office. How the prosecutor's office clears own ranks?
- Both the Minister of Internal Affairs, and the chairman of SBU can confirm that never I as the public prosecutor (and so I focus subordinates) didn't hide the crimes committed by our employees, - neither bribery, nor road accident, abuses of official position. Last year five cases of bribes were recorded from our employees - all made responsible. Two cases at a completion stage - the prosecutor of the Fastovsky area, two employees from the Lvov area are arrested. The fresh example - the prosecutor of the Berezhansky region of the Ternopol area demanded money. Criminal case is brought.
As for guards in general, 336 employees of law-enforcement bodies, 94 tax specialists, 17 customs officers, five prosecutors are made responsible for corruption.And all these cases are, as a rule, submitted court. We don't close them.
- Repeatedly statements of the Minister of Internal Affairs Yu.Lutsenko that a large number of the criminal cases brought by militia, doesn't reach in court only because of prosecutor's office sounded. Now it changed the opinion. What has happened?
- Really, there were certain misunderstanding with Yury Vitalyevich. As the militia, sometimes, will collect not really quality materials and transfers them to prosecutor's office. But more than a year Yu.Lutsenko doesn't reproach bodies of prosecutor's office. Moreover, on the last board he thanked bodies of prosecutor's office for the performed work and noted that between us there is a mutual understanding.
- Than to explain such changes?
- I consider that the understanding of a situation, specifics of work of the Ministry of Internal Affairs and bodies of prosecutor's office comes with experience, and this understanding to it came. Last year we had a mutual understanding and the coordinated work both with SBU, and with militia.
Within two last years I don't remember any case that the SBU or militia addressed to us on the fact that the employee of prosecutor's office or other official takes bribes, and someone could reproach us that we sold information.
- Your publication devoted to that the public exaggerates the problem connected with tortures of citizens, getting to law enforcement agencies and system of execution of punishments, in many caused indignation. You claimed that such cases are single, referred to that for half a year the ombudsman directed only one request for this subject, etc. But this fact badly characterizes N. Karpacheva, instead of is the evidence of good work of law enforcement agencies.
- Yes, we have facts of application of unlawful methods of inquiry and a consequence, and I don't want it to deny. But it not system. When the facts are confirmed by materials, we bring criminal cases. Last year we brought on the facts of crimes 771 criminal cases against the staff of law-enforcement bodies. 459 criminal cases are brought to trial. Among them there are also the proceedings initiated on article 365 KK (about power excess when methods of disclosure of affairs take place beating and others unlawful the law). Moreover, the State Office of Public Prosecutor brought up the question initiating introduction into the state statistical reporting the accounting of such affairs.After all officially such statistics doesn't exist at all.
- What you personally consider the biggest achievement in three years of a tenure of the general prosecutor?
- First of all that we managed to keep ourselves as independent supervisory authority and our equidistance from all political forces in spite of the fact that about us speak. I consider as the second achievement that with my arrival to a position of the general prosecutor we headed for stability of shots and we adhere to it. For all these years any prosecutor of the region isn't dismissed before the expiration of five-year term. I consider it as achievement. Besides, one of our achievements is vigorous legislative activity. Only last year we worked 177 bills, and on everyone submitted the offers. This year we carefully developed one more bill on prosecutor's office. We hope that we will soon receive the new law. There new heads whom never was, - in particular about control of bodies of prosecutor's office and the international cooperation are written out. Definition that such prosecutor's office is for the first time given. It is very important law.
- Position of prosecutor's office in system of the power has a certain uncertainty, you would carry it to what branch of the power?
- There are different opinions. This issue will be resolved by the Verkhovna Rada. I supported opinion that the prosecutor's office has to treat a judicial branch of the power. But the more I read, I reflect, the I incline to opinion more that the prosecutor's office as body with the special status shouldn't treat any branch of the power at all - neither to judicial, nor to executive.
Investigating authorities of prosecutor's office brought to trial more than 20 thousand criminal cases. Thus last year significantly I decreased number of persons to which justificatory sentences are pronounced, less criminal cases returned from vessels on additional investigation.
Generally last year in the sphere of supervision of observance of laws when performing criminal penalties and other coercive measures connected with restriction of a personal liberty of citizens, more than 10 thousand officials are made responsible, 390 criminal cases are brought, more than 240 illegally withheld persons are released.
In total in 2008 courts satisfied 79 thousand.the claims submitted prosecutors. According to their property requirements it is collected more than 1 billion UAH, of them in favor of unprotected segments of the population - 57 million UAH
Prosecutors gave 69 thousand claims by results of which consideration of the requirement of prosecutors are satisfied for the sum more than 950 million UAHto protection of property interests of the state
At implementation of supervision of observance of laws concerning protection of affairs and freedoms of citizens and interests of the state more than 15 thousand criminal cases from which more than 11 thousand (80%) are brought to trial are brought. More than 120 thousand officials are made responsible. According to documents of public prosecutor's reaction it is compensated by nearly 3 billion UAH, including in the budget - about 1 billion