Zelensky’s big reset: what awaits the State Bureau of Investigation and why Sukhachov is predicted to resign
9 January 11:51
Recently, President Volodymyr Zelensky announced a large-scale reboot of the government, specifically the security, defense, and law enforcement sectors. In his speech on this matter, the head of state paid particular attention to the new law on the State Bureau of Investigations, according to
“I have instructed that proposals for updating the State Bureau of Investigations be prepared and promptly submitted to the Verkhovna Rada of Ukraine for consideration,” Zelensky said, adding that he expects the presidential bill on the SBI to be ready in January, after which it will be immediately submitted to parliament.
SBI and “Midas”
Questions about the work of the SBI have become more pressing in light of the high-profile Midas special operation to expose corruption in the energy sector, which was conducted by the NABU.
In court, during the selection of a preventive measure for one of the defendants in the case, the SAPO prosecutor stated that, according to the investigation recordings, the members of the criminal organization discussed their contacts with the SBI, as well as the possibility of influencing criminal proceedings through parliamentary inquiries.
In addition, according to Anastasia Radina, chair of the Verkhovna Rada Committee on Anti-Corruption Policy, a person named “Lesha” appears on the Midas tapes. She said that this could refer directly to SBI Director Oleksiy Sukhachov.
“NABU directly states: this is Lesha Sukhachov (director of the SBI). You have received these materials. So you know that the director of the SBI appears in the suspects’ conversations,” she said.
The SBI then reported that they were investigating everything and planned to appoint a “semantic-textual psychological-linguistic examination,” but Sukhachov himself “had not yet been questioned.”
Not just “Midas”
Prior to the Midas special operation, the SBI had been involved in more than one public scandal. Among them was the case of former Ukrenergo head Volodymyr Kudrytskyi. Against the backdrop of this proceeding, the Bureau was accused of political pressure and allegedly carrying out an “order” against the former official, pointing out that within the scope of the charges brought against him, “the state did not suffer any losses.”
Lviv entrepreneur Ihor Hrynkevych, who appears with Kudrytskyi in the same proceedings, also accused the SBI of targeted persecution.
“This is yet another political and commissioned criminal prosecution. There are no damages, no expert reports, and no interrogations in the case. What’s more, the suspicion in this case arises at a time when, in other cases involving the SBI regarding the supply of uniforms for the army, the entire line of accusation is falling apart due to the lack of evidence,” Hrynkevych said in court.
The case of Vitaliy Shabunin, head of the Anti-Corruption Action Center (ACAC) , has also received extensive media coverage, and the investigation has been accompanied by accusations of “political persecution” against the SBI by the ACAC and a number of human rights and anti-corruption organizations.
The SBI suspects Shabunin of systematic evasion of military service and illegal use of a vehicle belonging to the Armed Forces of Ukraine.
The SBI and business
Although the SBI insists that it operates within the law and does not exert artificial pressure on business, entrepreneurs themselves do not always agree with this. Experts and lawyers constantly report continuing problems, such as groundless searches, account seizures, business blockades, etc.
Among the most high-profile scandals in this context are
- the case involving the Sinevo laboratory, which was accompanied by the seizure of the company’s head office and central laboratory in Kyiv;
- the case against Concorde Capital owner and businessman Igor Mazepa (accused of illegally withdrawing land from the Kyiv Hydroelectric Power Plant), in which the State Bureau of Investigation seized seals, electronic keys, and licenses of companies that had nothing to do with the substance of the proceedings.
There were also cases involving the companies Pozhmashina, X-Park, and Riviera Village, where forensic examination, for example, refuted the SBI’s accusations, etc.
The details of such proceedings are systematically monitored and communicated by the public movement “Manifesto 42,” created to protect businesses from pressure from law enforcement agencies.
Restart due to political influence
While President Volodymyr Zelensky is waiting for the presidential bill on the SBI, a deputy bill on the Bureau has been registered in the Verkhovna Rada since August last year. Its initiators were deputies Yaroslav Zheleznyak, Anastasia Radina, Yaroslav Yurchyshyn, and others. In it, the authors propose to reduce the president’s influence on the formation and work of the SBI.
“At the same time, during its period of operation, the State Bureau of Investigations has identified a number of systemic problems, in particular: limited institutional independence, non-transparent personnel decisions, insufficient effectiveness of investigations in high-profile cases, and interference in the activities of the agency by political centers of influence. Therefore, in order to eliminate unconstitutional norms, restore public confidence in the law enforcement system, and reboot the SBI as an institution, this draft law was developed,” the explanatory note to the document states.
Problems from the very beginning
Since 2021, the SBI has been headed by Oleksiy Sukhachov. Prior to that, he worked as deputy head of the Prosecutor General’s Office, headed departments at the SBI, later won a court case after his dismissal, and was subsequently appointed deputy director of the SBI.
In January 2022, Schemes (a Radio Liberty project on the UA:First TV channel) revealed links between Oleksiy Sukhachov and members of the commission that, based on the results of the competition, recommended that President Volodymyr Zelensky appoint him as director of the State Bureau of Investigations.
In particular, one member co-authored a book with him and the deputy head of the President’s Office, Oleg Tatarov. Sukhachov himself had previously reviewed her book.
In addition, journalists found out that Sukhachov, the winner of the competition, is a member of the editorial board of a scientific and practical journal, along with four members of the competition commission that selected him, weeding out other candidates. None of them declared a conflict of interest.
EC requirements
Meanwhile, the European Commission (EC) has been urging Ukraine for several years to reform the State Bureau of Investigations and other law enforcement agencies in the context of our country’s fulfillment of the conditions for EU accession. The EC and the EU expect Ukraine to ensure that the SBI operates professionally and without political interference, as required by European Union policy.
According to Ukraine’s Western partners, reforming the SBI involves “conducting an independent comprehensive review of the institutional framework, integrity mechanisms, and supervisory functions of the SBI to assess the need for and feasibility of further reforms in line with best European practices, which will lead to the preparation, adoption, and implementation of a law that takes into account the necessary recommendations.” This is stated, in particular, in a joint statement by European Commissioner for Enlargement Marta Kos and Ukrainian Deputy Prime Minister for European and Euro-Atlantic Integration Taras Kachka following an informal meeting of ministers for European affairs held in Lviv on December 11.
Expert forecast
Political scientist Volodymyr Fesenko believes that reform and change in the leadership of the SBI are inevitable.
“…cosmetic and insignificant reform of the Bureau will no longer work, because last year there were initiatives from both MPs and our European partners regarding the SBI. They all say that real reform is needed. Both Europeans and some members of parliament will insist that the competitive principle be applied in the SBI and the prosecutor’s office, as is currently the case in the BEB. The question of a competitive approach to reforming the SBI will inevitably arise, but I do not rule out that there may be some competition between different draft laws. The reform of the SBI itself has already been announced by the president, and I think it is inevitable, including a change in leadership,” he said in a comment to
[Komersant]
Political scientist Ruslan Bortnik expresses a similar opinion:
“I think that the leadership of the State Bureau of Investigations will be changed. Zelensky has questions about the effectiveness of this body. In addition, we understand that this is a continuation of the waves caused by the resignation of the head of the President’s Office, Andriy Yermak. And so we can expect a radical reboot of the State Bureau of Investigations. Furthermore, I think that the balance of power will change. The State Bureau of Investigations will become a little more distant from the Office of the President, more balanced, and less confrontational with anti-corruption structures.”
Political scientist Oleg Lisny also predicts the dismissal of the current leadership of the SBI and a comprehensive approach to reforming this body:
“The history and logic of what is currently happening in the security forces suggests that this is unlikely to be cosmetic, and that there will be personnel changes, because this is one of the elements that has long been overdue, and our foreign partners, I mean, have certain complaints. I think there will be personnel changes, and they will be radical.”
