In accordance with the order of the Pechersk District Court of Kyiv of May 16, 2019, the State Bureau of Investigations (DBR) within the framework of criminal proceedings No. 62019000000000450 of April 5, 2019, established that officials of the NBU, "abusing the power, intentionally, in order to obtain unlawful benefits, during 2017-2019, acting in the interests of third parties, carry out a formal verification of the origin of funds aimed at the capitalization of banks, knowing for sure about the inconsistency of their origin in accordance with the documents provided" (quotation).
"The officials of the NBU Financial Monitoring Department, during the course of inspections of banking institutions for compliance with the legislation on financial monitoring issues, compliance with currency legislation, receive unlawful benefits from managers and owners of banking institutions for not fully reflecting the existing violations of legislation in banking institutions," - state the court materials, with reference to the investigation data.
According to another court ruling of May16, 2019, concerning the same criminal proceeding, the investigators of the DBR found that "officials of the NBU Onsite Bank Inspection Department, abusing their official position, in the interests of owners and managers of banking institutions, for money reward, for the purpose of personal enrichment, do not reflect or record false data regarding violations of the indicators of economic norms of banks activity to the documents on examination inspections of banks" (quotation).
It is also indicated that in 2018 the Accounting Chamber of Ukraine checked the state of execution of the administrative costs estimate for 2017 of the NBU and the obligations to transfer funds to the state budget, and established "the facts of ineffective use of funds in the amount of UAH 106 million" (quotation).
In addition, with reference to the investigator`s data, it is stated in court materials that "from February 2019 to the present day, officials of the NBU commit actions aimed at the implementation of a loan portfolio at an understated price, in order to further receive part of the profit from collection of arrears on credit obligations, which will cause damage to the state budget of Ukraine" (quotation).
On May 16, 2019, Pechersk district court in Kyiv complied with the petition of the investigator of the State Bureau of Investigations and granted him access to the NBU documents (with the possibility of removing duly certified copies), including:
- reports on inspections of "Sberbank", "IndustrialBank", "Pravex Bank", "Piraeus Bank", "Forward Bank", "Credit Europe Bank", "UkrConstInvestBank", "Bank 3/4", and Bank Portal for the period from 01/01/2019 to 05/14/2019;
- reports on examination inspections of banking institutions on the results of unscheduled inspections conducted by employees of the NBU for the period from 01/01/2019 to 05/14/2019;
- certificates, acts on onsite bank inspections on compliance with the requirements of financial monitoring legislation drawn up by the NBU employees for the period from 01/01/2018 to 01/01/2019;
- decision of the NBU Board of February 7, 2019, "On the sale of claim rights under the loan agreements of the National Bank of Ukraine, concluded with employees, dismissed employees of the National Bank of Ukraine, and contracts that provide for the fulfillment of obligations under these loan agreements"; materials that became the basis for the adoption of the abovementioned decision (memorandums, business letters, e-mails of the structural units of the NBU);
- the direction of the NBU authority regarding the analysis of ways to dispose of non-core functions, including through the sale of a loan portfolio of employees of the National Bank of Ukraine through the Prozorro site.
The court also provided the DBR investigator with access to the Accounting Chamber documents (with the possibility of extracting copies, namely, the report on the results of the verification of the implementation of the budget estimates for administrative expenses of the NBU and the obligations to transfer funds to the state budget for 2017, and the documents which served as the basis for the report (approved by decision No. 30-2 of 11/29/2018).