Interview

Ukraine needs to pass a law on detective agencies, Shpilovy

Konstantin Shpylevoy

The second part of the interview with the managing partner of the International European detective agency Absolution

We continue our long conversation with Kostyantyn Shpilov, in the past, an Odesa deputy, an employee of the Administration of the President of Ukraine, the deputy head of the Odesa regional police department, and now the CEO and managing partner of a European detective agency Absolution, which, among other things, is engaged in the identification and search of foreign assets obtained from corrupt, fraudulent and other criminal activities.

It was the investigation launched by Absolution on the facts of the luxurious life of Yevhen Borysov, the military commissar of Odesa, that initiated large-scale reforms in the field of territorial recruitment centers. What Kostyantyn Shpilovy told in detail in the first part interview with the ElitExpert agency.

Today, our interlocutor shared his thoughts on whether it is possible to defeat corruption, which has penetrated into all spheres of Ukrainian life, suggested how things will end with regard to the mayor of Odesa and other top officials, and also explained why people who call themselves anti-corruption, most often only play along with the system .

- Odesa is your hometown. And for sure, it is doubly painful for you to watch high-profile corruption schemes right there. Why does NABU fail to investigate the cases concerning Mayor Gennady Trukhanov, Volodymyr Galanternyk, Boris Kaufman and others?

- According to my information, the Haberdashery's case has already been referred to the court. The businessman himself is in an unenviable position, and was forced to move from Great Britain, where the local law enforcement officers were interested in him, to Austria. The fact is that Vienna, especially with the beginning of a full-scale invasion, does not extradite suspects for economic and political crimes. That is why Dmytro Firtash, Oleg Bakhmatyuk, ex-head of the NBU Kyrylo Shevchenko with his deputy Denys Chernyshov, and many other Ukrainian officials and businessmen who are hiding from the NABU and the SBU are now there.

Regarding high-profile cases in Odessa, I think that the case of Trukhanov and other officials of the Odessa City Council will soon be proven, and each of them will receive punishment according to their role.

And if it seems to society that the cases are not investigated, it is not so. Today, each investigator and detective is assigned 10 or more high-profile cases. The cases are complex, there are many examinations, and it must also be taken into account that the Ukrainian judicial system does not always protect the interests of the state.

I will also note that, in my opinion, the cases described above will be processed in such a way as to minimize their delay on the part of lawyers, since about 16 people are involved in them. Much depends on VAX, but they promise new and interesting facts that will surprise society and Odessans.

Konstantin Shpylevoy

- What, in your opinion, is the role of the President of Ukraine in this - is he responsible for corruption and embezzlement in the country before and during the war? And what can he personally do to change the situation?

- In my opinion, the president is responsible for everything, as the guarantor of the Constitution, the head of state, and now also as the Supreme Commander. But there are only 24 hours in a day. Volodymyr Oleksandrovich Zelenskyy is also a person, and he is alone.

It is easy to condemn and criticize. But the main problem is that even at Bankova, the majority work according to the Soviet system. If in the highest echelon the president can still control who is hired, then the lower the power vertical goes, the more management is lost and the quality of officials deteriorates. They already hire everyone there - acquaintances, relatives, etc., and people go to positions only to occupy a niche in the corruption system.

The system cannot be broken in the near future, it strongly resists, and even more so at a time when all forces and resources are given for victory.

But at the same time, when you read and hear that in Ukraine during the war roads are being built for 600 million hryvnias somewhere in Transcarpathia, it is so cynical that there are simply not enough words. Volunteers and our soldiers from the frontline are looking for funds to buy copters or spare parts for repairing a pickup truck, they themselves buy "bumpers", helmets, etc... This is not normal. And I understand the indignation of Ukrainian society. Such things divide Ukraine even more than the external enemy, because the internal one is hiding from us.

Therefore, in my opinion, the recent actions of the anti-corruption courts and NABU regarding compensation of damages are acceptable, otherwise the cases could last for years.

- What steps on the part of the state could be most effective in the fight against corruption?

- Systematization of anti-corruption bodies. The effective bodies now are NABU, counter-intelligence, SBU, and SBU, but the latter is now more focused on searching for and fighting terrorists and traitors.

The second is the systematization and redistribution of functions to avoid their duplication. Involvement of only professionals, as a result of which I would personally strengthen the law on public anti-corruption organizations. Very often they only interfere with the work of law enforcement officers, and sometimes they simply sell materials important for the investigation to the accused themselves.

Konstantin Shpylevoy

Third, the law on the so-called "whistleblowers" of corruption does not work in our country. Have you ever heard that someone was paid 10% of the property seized from a corrupt person? There is a law, but there is no mechanism.

It would be useful to create an institution of "bounty hunters", like in the USA, who are engaged in the search for fugitive criminals - including abroad. Such functions could be taken over by the Ukrainian GUR, by analogy with the Israeli MOSSAD and the CIA. But so far, international legislation and partners do not allow Ukraine to do this.

The fourth. It is necessary to finally pass a law on private detective activity, put it under control and issue licenses. The law was drafted and adopted in the parliament in the first reading in 2019, but then stalled because it was disadvantageous to Avakov and his entourage. At that time, many professionals left the system and stayed behind, and new ones were recruited not based on their skills, but based on the political situation.

- How are similar problems being dealt with in Europe and other developed countries?

- In European countries and the USA, the very system of the foundations of statehood contains the understanding that robbing the state is very scary. For example, not paying tax is a terrible punishment, but in Ukraine it is heroic.

Now there is hope that there will be control over expenses in Ukraine after all. We are talking about foreign investments and funds for the restoration of the country, which will go through the BlackRock company, which has a multibillion-dollar turnover. Therefore, I am sure that the Western partners are monitoring everything.

- What projects does Absolution intend to work on next?

- We are ready and open to dialogue with all anti-corruption structures. The world is so global that being a corrupt person is becoming more and more unprofitable - you will no longer be able to hide, and the payback will come. Schemes for the legalization of money, cash, are becoming fewer and fewer.

Yes, Ukrainian financial monitoring turns a blind eye to many things, and its head, Mr. Cherkaskyi, has been in his place for several presidents. But if financial monitoring is activated properly, and they have the authority to do so, then everything will change. They do not initiate inspections of people like the corrupt military commissar Borisov, even after the publication of materials in the mass media. They are interested in FOPs for 1000 hryvnias, not multimillion-dollar crimes.

Konstantin Shpylevoy

We are ready to help, but we will not replace the work of the state.

Our employees are all professionals, former employees of both Western and Ukrainian special services, who have become unnecessary for the state. There are a lot of people willing to help their country, but at the same time, it is a pity that many strong professionals left the authorities because they could not work under such corruption and nepotism.

- Recently, Ukraine started talking about elections. What do you think about this?

- If this happens, military personnel and opinion leaders will not be able to participate in them, as they will have to switch from their main duties to politics, which is impossible now. Then the same people with money will go to the elections and nothing will change. We all believe in victory, so first we need to end the war, and then we can talk about elections. And, in my opinion, those who fled the war should be banned from participating in them.

Olena Ovchinnikova spoke

Photo from the personal archive of Kostyantyn Shpilovoy

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