The timeline of the case of the Head of State Fiscal Service of Ukraine (UPDATED 10.11.2017)
On November 10, 2017, the indictment as of Head of the State Fiscal Service of Ukraine was sent to the Solomyansky District Court of Kyiv.
As it was already mentioned, оn December 4, 2016, the Detectives of the National Anti-Corruption Bureau of Ukraine (NABU) started the pre-trial investigation as of the facts of the funds embezzlement scheme while producing and selling gas under joint operation agreements with the Public Joint-Stock Company Ukrgasvydobuvannia.
During March 2-3, 2017, the NABU Detectives conducted a number of searches at the State Fiscal Service of Ukraine (SFS) Main Department and at the house of the Head of SFS.
On March 2, 2017, the NABU Detectives under the procedural guidance of the Anti-corruption prosecutors detained and gave a notice of suspicion to the Head of SFS for allegedly committing a crime under Part 2 Article 364 of the Criminal Code of Ukraine («Abuse of authority or office»). At that time the Head of SFS was in the Clinical Hospital Feofaniya due to his allegedly poor health.
On March 4, 2017, the suspect was taken from the territory of the Clinical Hospital Feofaniya for a verified health assessment. However, at the same time some Members of Parliament for two hours were blocking the entrance to the intensive care unit of the National Scientific Center: «M.D. Strazhesko Institute of Cardiology» MAS of Ukraine. As of these facts the NABU registered a criminal proceeding under Part 2 Article 242 of the Criminal Code of Ukraine («Resistance to a law enforcement officer in the execution of their duties related to the protection of public order»).
The preliminary findings of the verified medical examination were received before the trial. The conclusion stated that the suspect doesn’t have any acute cardiac pathologies.
On March 4, 2017, the Solomyansky District Court of Kyiv failed to choose a preventive measure for the Head of SFS due to reports of the bomb threat at the court and on the basis of defense appeals that the Head of SFS is unable to take part in a trial due to his poor health.
On March 5, 2017, the trial didn’t start again because the defense filed a request for recusal of the judge and there were no any other judge on duty at that day. The 72-hours’ time period was ending at 11:50 pm. The NABU Detectives stayed at court until that time and left the premises at the end of this period as it is required by the Law.
On the eve of the March 6 Ukrainians gathered at the entrance of the Solomyansky District Court. People feared the suspect would leave the court because of the end of 72-hours' time period.
On the morning of March 6 at 9:00 a.m the trial started and continued until 3:00 a.m of the next day.
On March 7 the Solomyansky District Court of Kyiv chose a preventive measure for the Head of SFS in a form of 60 days’ temporary custody with 100 million UAH alternative bail. The suspect is being accused of 2.019 bln UAH damage caused to the State.
On March 10, 2017, the NABU conducted searches at the Territorial Offices of the State Fiscal Service of Ukraine in Kharkiv, Poltava and Dnipro Regions. The investigative activities were related to the so-called «Onyshchenko’s and Nasirov`s case».
On March 10, 2017, the Specialized Anti-Corruption Prosecutor’s Office (SAPO) filed an appeal as of the Solomyansky District Court of Kyiv decision on a preventive measure for the Head of SFS in a form of 60 days’ temporary custody with 100 million UAH alternative bail.
The SAPO is asking the Court of appeal to change the amount of an alternative bail to 2 bln UAH, which is equal to the damage allegedly caused by the suspect to the country.
On March 16 a father-in-law and a wife of the Head of SFS have posted 100 million UAH bail.
Around 11 p.m. on March 16 the Head of SFS was released from custody.
He must wear an electronic monitoring device and must come up to Detective, prosecutor, investigating judge or to the court on demand.
On March 27, 2017, the NABU received verified health assessment of the State Expert Committee of the Ministry of Health of Ukraine, which didn`t confirm the diagnosis for the Head of SFS made by the Clinical Hospital Feofaniya.
In particular, it states that the doctors of the Clinical Hospital Feofaniya were systematically and unreasonably exaggerating the severity of the Head of SFS health problems. According to the State Expert Committee of the Ministry of Health of Ukraine verified health assessment, there were no any objective reasons for making the abovementioned diagnosis.
The State Expert Committee also exposed irregularities in his discharge from the hospital.
In response to the statements of some Members of Parliament (that the detention of the Head of SFS has damaged state economy) we emphasize that the investigation has evidence that the Head of SFS deliberately ignored a number of conditions indicated in specific regulations when he decided to provide a defered rent for three companies (controlled by MP Oleksandr Onyshchenko) under joint operation agreements with the PJSC Ukrgasvydobuvannia.
The decisions on deferred rent provision were backdated without any reasonable ground and were taken after the rent payment deadlines for the abovementioned companies. The deferred rent was also provided without approval of the Ministry of Finance of Ukraine, although their life-term exceeded one budget year.
In addition, the Head of SFS submitted false data on these companies tax debt absence to PJSC Ukrgazvydobuvannya and to the State Service of Geology and Mineral Resources of Ukraine. So, he concealed the fact of operators’ failure to meet the conditions of joint agreements in terms of subsoil use rent payment to the budget, which could be grounds for termination of agreements between PJSC Ukrgazvydobuvannia and companies involved in the so-called «Onyshchenko’s gas case».
The NABU registered a criminal proceeding as of the Head of Solomyansky District Court of Kyiv who had filed a motion of self-recusal in the case of SFS and disbanded the court, which resulted in impossibility to select a preventive measure for the suspect.
On March 30, 2017, the NABU under the procedural guidance of the Anti-corruption prosecutors detained and gave a notice of suspicion to the Head of the Debt Redemption Department of the SFS for allegedly committing a crime under Part 5 Article 27, Part 2 Article 364 of the Criminal Code of Ukraine. The investigation revealed that the suspect was accomplice in a criminal offense committed by the Head of SFS.
On April 19, 2017, the Kyiv Court of Appeal partially canceled the arrest of the property of the Head of the SFS.
The court allowed the defense`s appeal on the decision of the Solomyansky District Court of Kyiv in the part of returning to the Head of the SFS Ukrainian passport, International passport, Diplomatic passport and other documents.
At the same time , the Kyiv Court of Appeal denied the claim on the removal of arrest of money, gold and several luxury watches that were seized at the search at the house of the Head of SFS.
On April 27, 2017, the Solomyansky District Court of Kyiv continued validity of previously assigned duties for the Head of SFS until 26 June. Therefore he must wear an electronic monitoring device and must come up to detective, prosecutor, investigating judge or to the court on demand.
On May 30, 2017, the NABU Detectives denied the appeal filed by the Head of the SFS for permission to travel abroad. It should be noted that it is the second appeal filed by the Head of the SFS. For the first time in April he had asked the NABU Detectives to give a permission to visit the Ukraine National Team competitions of judo in Warsaw. On May 25, 2017, the NABU for the second time received a request for permission to travel to the United States of America. The Head of the SFS explained the visit on the need "medical treatment".
On June 26, 2017, the Solomyansky District Court of Kyiv continued validity of previously assigned duties for the Head of SFS until August 25. Therefore he must wear an electronic monitoring device and must come up to detective, prosecutor, investigating judge or to the court on demand.
On June 26, 2017, the Solomyansky District Court of Kyiv continued validity of previously assigned duties for the Head of SFS until August 25. Therefore he must wear an electronic monitoring device and must come up to detective, prosecutor, investigating judge or to the court on demand.
On July 28, 2017, the Detectives of the National Anti-Corruption Bureau of Ukraine (NABU) under the procedural guidance of the Anti-corruption prosecutors completed a pre-trial investigation of the criminal proceeding as of the Head of the State Fiscal Service of Ukraine (SFS) and the Head of the Debt Redemption Department of the SFS.