Lawyers accused NABU of illegal searches and wiretapping

The National Association of Advocates of Ukraine has accused the National Anti-Corruption Bureau of Ukraine (NABU) of conducting illegal searches and installing wiretaps in the office of Kyiv lawyers.

According to UNN, the Association filed a criminal complaint with the Office of the Prosecutor General and the State Bureau of Investigations (SBI).

The Association claims that among the NABU detectives involved are those who are investigating cases against the lawyers’ clients.

“Detectives not only wiretapped but also entered the lawyers’ office in the city center and conducted illegal searches before a judge’s ruling was made and without proper grounds, thus grossly violating the rights and legal interests of the lawyers,” the report states.

The Association notes that the search was carried out without a court ruling or a basic prosecutor’s resolution. The NABU detectives were aware they were entering a law office, as the address is official and registered in the national bar registry.

In addition to office premises, the detectives simultaneously searched the homes of the lawyers, where their wives and young children were present, while the lawyers themselves were essentially blocked from leaving due to the ongoing investigative actions at the office.

According to the Association, the decision to conduct the illegal search was made by NABU detective Fedor Oleinik, and the wiretapping was handled by Yaroslav Voronezhsky. The latter took part in the search but was not officially recorded as a participant. Despite this, he freely carried a package and a briefcase out of the premises, which allegedly contained technical surveillance equipment.

A court ruling approving the search was issued after the fact by a judge from the High Anti-Corruption Court (HACC).

The Association stated that it considers NABU’s actions to be a “criminal intent.” It believes the detectives aimed to obtain confidential information shared by clients with their lawyers and to learn about the defense’s future actions.

The wiretapping equipment was discovered by the lawyers themselves—embedded in the floor of individual offices and directly in the meeting room where conversations with clients took place.

The Association has appealed to the Prosecutor General’s Office and the SBI, requesting that information be entered into the Unified Register of Pre-Trial Investigations (ERDR) regarding alleged criminal offenses committed by NABU detectives Yaroslav Voronezhsky and Fedor Oleinik, citing Articles 162 (Part 2), 365 (Part 1), and 397 (Part 2) of the Criminal Code of Ukraine.

Shortly after the Association’s statement appeared in the media, NABU posted on its official Facebook page that two lawyers and the de facto head of their law association had been notified of suspicion for unauthorized access to the restricted part of the Unified State Register of Court Decisions.

According to the investigation, the suspects illegally accessed the closed portion of the register, including decisions of the HACC. NABU claims a special script was developed that collected data and content of new court decisions related to the lawyers’ clients every 12 hours and allowed for manual searches in the register.

NABU alleges that the suspects systematically obtained confidential information about investigative actions in order to warn their clients.

According to journalists, this case involves Dmytro Borzykh, a well-known Kyiv lawyer and former Deputy Chief Military Prosecutor.