Ukrainian Sea Ports Authority case: five persons were given notices of suspicion

On January 21, 2020, the Detectives of the National Anti-Corruption Bureau of Ukraine (NABU) under the procedural guidance of the prosecutors of the Specialized Anti-Corruption Prosecutor`s Office (SAPO) gave notices of suspicion to five persons involved in causing UAH 21.36 million damage to the State Enterprise "Ukrainian Sea Ports Authority" (SE "USPA").

Among the suspects there are:

• ex-Head of Odesa Branch Office of the SE "USPA" - Part 2 Article 27, Part 2 Article 28, Part 2 Article 364 of the Criminal Code of Ukraine;
• chief engineer of Odesa Branch Office of the SE "USPA" -  Part 2 Article 27, Part 2 Article 28, Part 2 Article 364 of the Criminal Code of Ukraine;
• Head of the private company-winner of the tender - Part 1 Article 366, Part 4 Article 358, Part 5 Article 27, Part 2 Article 28, Part 2 Article 364 of the Criminal Code of Ukraine;
• Ex-Head of the private company - renter of dredging caravan - Part 5 Article 27, Part 2 Article 28, Part 2 Article 364 of the Criminal Code of Ukraine
• a person close to the Member of Parliament of Ukraine (VII and VIII convocations) - Part 3 Article 27, Part 2 Article 28, Part 2 Article 364 of the Criminal Code of Ukraine;

Two persons’ location is currently being unknown. Notices of suspicion to the ex-Head of Odesa Branch Office of the SE "USPA" and a person close to the Member of Parliament of Ukraine were given in accordance with Article 135, Article 278 of the Criminal Procedural Code of Ukraine. 

The investigation revealed that in 2015 the suspects upon prior conspiracy organized the state procurement of services for the construction of a pier in the Odesa Sea Commercial Port. In particular, the suspects conducted actions in order to ensure the victory of predetermined participant in competitive bidding. This company did not really had the relevant experience and its offer did not met the conditions of purchase.

On the day the work actually had started, between the director of the winning company and the director of the company that leased the dredging caravan, additional agreements were signed. According to them, the freight cost of the dredging caravan was significantly increased. At the same time, both companies, as the investigation found out, were controlled by one person.

The mentioned actions led to a significant increase in the cost of the work performed. The officials of the SE "USPA", abusing their official posts, signed the acts of the performed works and made the corresponding transfer of funds to private companies. As a result, the state had lost UAH 21.36 million.

The NABU Detectives started the investigation as of the abovementioned facts in October 2016.

The purchases of the SE "USPA" are in the constant focus of the NABU Detectives. In Autumn 2018, the indictment as of seven persons involved in UAH 247 million public funds embezzlement of the SE "USPA" was sent to court.

According to Article 62 of the Constitution of Ukraine a person is considered not-guilty in commission of crime and cannot be a subject to criminal punishment, until he or she is found guilty by the court.