"Energomerezha" case: indictment sent to court

On Oct. 28, 2021, NABU and SAPO filed an indictment against four officials of PJSC "Cherkasyoblenergo", PJSC "Zaporizhzhyaoblenergo", and PJSC "HC "Energomerezha".

They are charged with crimes under:

 

• the acting Chairman of the Board of PJSC "Cherkasyoblenergo" - Part 2 Article 364 ("Abuse of power or official position"), Part 5 Article 191 ("Misappropriation, embezzlement or conversion of property by abuse of official post, committed by an organized group in an especially gross amount"), Part 3 Article 209 of the Criminal Code of Ukraine ("Legalization (laundering) of property obtained through crime");
• the First Deputy Chairman of the Board of PJSC "Cherkasyoblenergo" - Part 2 Article 364 of the Criminal Code of Ukraine;
• the acting General Director of PJSC "Zaporizhzhyaoblenergo" - Part 2 Article 364 of the Criminal Code of Ukraine;
• the Chairman of the Board of PJSC "HC "Energomerezha" - Part 5 Article 191, Part 3 Article 27, Part 2 Article 364, Part 3 Article 209 of the Criminal Code of Ukraine.

As established, the above persons used an illegal scheme involving the assignment of claim rights, transfer of debt, and crediting of counter homogeneous claims in order to embezzle funds from state-owned enterprises and large electricity consumers.

In particular, the scheme caused PJSC "Cherkasyoblenergo" and PJSC "Zaporizhzhyaoblenergo" to lose UAH 544 million they were supposed to receive for supplied electricity. Instead, consumers paid over UAH 519 million to PJSC "HC "Energomerezha", an intermediary, which failed to make further settlements with PJSC "Cherkasyoblenergo" and PJSC "Zaporizhzhyaoblenergo". The former lost UAH 81 million more due to an illegal borrowing mechanism with the participation of PJSC "HC "Energomerezha" and other companies.

On Oct. 23, 2020, NABU and SAPO disclosed the case materials for review.

NABU started the investigation into the above facts in July 2016. Since then, a number of episodes involving Energomerezha officials and heads of state energy companies have been revealed. The investigation into some of them is completed - the cases are being heard in court.

Thus, in February 2019, NABU and SAPO filed an indictment against the Head of PJSC "Odesa TPP" charged with embezzling UAH 28 million from the company.

In June 2020, the investigation into the embezzlement of PJSC "Zaporizhzhyaoblenergo" UAH 346 million was completed - the case is being heard in the High Anti-Corruption Court.

Thanks to the materials obtained during the pre-trial investigation, NABU managed to invalidate 27 contracts involving Energomerezha, Cherkasyoblenergo, Zaporizhzhyaoblenergo, worth over UAH 1.5 billion. This became the basis for the return of UAH 558 million to state-owned enterprises.

 

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