The case involving a fatal accident in which a NABU detective was involved was closed after 8 years
The criminal case regarding a fatal traffic accident in Kyiv involving a NABU detective was closed after eight years. During that time, the person responsible for the accident was never named as a suspect.
Attorney Oleksandr Shcherbina, who represents the interests of the family of the deceased, Marina Arustamova, appealed to Ukrainian President Volodymyr Zelenskyy regarding the closure of the case.
What is known about the traffic accident and the young woman’s death
The traffic accident occurred on April 2, 2018, on Vasylkivska Street in Kyiv—a car driven by NABU detective Andriy Rusayev struck 23-year-old Marina Arustamova. She was hospitalized with severe injuries but died in the hospital on April 11.
A criminal case was opened regarding the accident. However, as early as July 2019, according to attorney Oleksandr Shcherbina, the Kyiv City Prosecutor’s Office acknowledged that National Police investigators were handling the case ineffectively.
Following this, the further investigation was entrusted to the Territorial Office of the State Bureau of Investigation (SBI) in Kyiv. Subsequently, the SBI decided to close the criminal case, allegedly due to the absence of elements of a criminal offense in the actions of the driver—a NABU detective.
The victim was not even notified
According to the attorney, the case was closed in 2025 without notifying the victims. This decision was justified by a psychological evaluation involving a polygraph test, which was conducted by an expert who had been involved in the case and had been held accountable by a disciplinary commission.
The examination was conducted at Rusayev’s initiative—specifically during the period when other NABU detectives were being notified of suspicions in traffic accident cases.
This occurred despite the existence of a categorically different conclusion from a court-appointed expert psychologist and polygraph examiner, initiated by an investigator from the State Bureau of Investigation (DBR). That report stated that Rusayev had lied in response to questions posed during the investigative proceedings.
The court sided with the defendant
Representatives of the victim’s family appealed the decision to close the case, but the court denied their appeal.
In a letter to the president, the victim’s attorney emphasizes that after eight years of investigation, the family still has not received an answer as to who should be held responsible for the child’s death. At the same time, the person directly involved in the accident effectively remained in the status of a witness.
“Eight years have passed, but instead of an answer to the simple question of who should be held responsible for the child’s death, the family has endured years of investigations, expert examinations, contradictions, and, ultimately, the closure of the criminal case,” he says.
Shcherbina added that the family, which lost a loved one, still hasn’t received any answers.
“It is especially difficult to explain one thing to the public and the family. How is it possible that a person directly involved in a fatal traffic accident at a crosswalk has, for years, effectively remained in the status of a witness? Numerous expert examinations were conducted in this case, and their conclusions contradicted one another,” the lawyer says.
The lawyer appealed to the President
In his appeal to the president, Shcherbina emphasizes that he is not asking him to interfere in the investigation or to determine who is at fault. He calls on the head of state, within the scope of his authority, to draw attention to this matter of public importance and to help ensure that the competent authorities conduct an independent and lawful investigation into its circumstances.
“I am not asking you to interfere in the investigation or the court proceedings, nor am I asking you to determine who is at fault. I am asking for something else. To publicly draw attention to this matter of public importance within the scope of your constitutional powers. To help ensure that the authorized state bodies conduct a proper, independent, and lawful investigation into the circumstances of this case,” the attorney said.
He added that this is not about dictating the outcome, but about guaranteeing compliance with the law, procedural independence, and the family’s right to an effective investigation and access to justice.
“The public and the family deserve answers from the competent authorities. Was this investigation truly independent? Why did it take so many years? Why did the key figure in the fatal traffic accident at the crosswalk have such procedural status? And finally, why was the case in which a child died ultimately closed?” says Shcherbyna.
This was reported with reference to a post by attorney Oleksandr Shcherbina on Facebook.
The NABU responded to allegations against its employees regarding three traffic accidents.
As a reminder, the Security Service of Ukraine conducted an unscheduled inspection at the Specialized Anti-Corruption Prosecutor’s Office without notifying the National Anti-Corruption Bureau, as required by law.
The SBU also exposed the head of NABU’s investigative unit for collaborating with Russia.
