State expert becomes suspect in Samara-Western Direction oil product pipeline case
On February 11, 2021, NABU and SAPO jointly with the Security Service of Ukraine under the procedural guidance of the Prosecutor General’s Office of Ukraine notified a Former Deputy Director of the State Enterprise “Ukrainian State Research and Design Institute of Nitrogen Industry and Organic Synthesis Products” of abusing office and drawing up an untrue expert's report (Part 3 Article 365-2, Part 2 Article 384 of the Criminal Code of Ukraine).
The investigation revealed that the expert's report was used in August 2017 by the Commercial Court of Rivne Region to renounce the state’s ownership of a part of the Samara-Western Direction oil product pipeline.
The Detectives established that the expert acted deliberately in favor of a private business. Thus, based on the court’s decision, Prikarpatzakhidtrans LLC unjustifiably took possession of the Ukrainian part of the Samara-Western Direction oil product pipeline being of great economic and defense importance.
At the moment, investigative actions are in progress. Other persons involved in the commission of the crime are being established.
As reported, since 2017, the NABU Detectives have been investigating the seizure of the Ukrainian part of the Samara-Western Direction oil product pipeline by a private Russian enterprise.
This main pipeline was built during the Soviet era and after the proclamation of Ukraine's independence was to become the property of the state based on succession. However, a subsidiary of Russia's Transnefteproduct JSC did not transfer ownership of the pipeline to Ukraine.
In 2011, the Commercial Court of Rivne Region recognized the state’s ownership of the Ukrainian part of the Samara-Western Direction oil product pipeline. In 2014-2015, the Court of Appeal of Rivne Region and the Supreme Economic Court upheld this decision. In 2017, the Commercial Court of Rivne Region, based on an untrue expert's report, ruled that the ownership of the Ukrainian part of the Samara-Western Direction oil product pipeline belongs to Prikarpatzakhidtrans LLC.
According to Article 62 of the Constitution of Ukraine, a person is considered not-guilty in the commission of a crime and cannot be subject to criminal punishment until he or she is found guilty by court.