NABU has enough evidence of the Head of SFS decisions’ illegality as of deferred rent provision for Onyshchenko’s companies
The statements of some Members of Parliament (MPs) that the detention of the Head of the State Fiscal Service of Ukraine (SFS) has damaged state economy are as meaningless as the previous statements of the representatives of the same political power, that the investigation of corruption in state enterprises blocs their privatization process. We emphasize that all NABU activities are aimed at the liquidation of illegal corruption schemes and reduction of corruption burden on the economy of the State and on Ukrainian citizens.
In response to the statements of some MPs that due to the detention of the Head of SFS the possibility to get the deferred rent won’t be provided to any business entities, it should be noted that the criminal prosecution of the Head of SFS is not conducted on the basis of him providing the deferred rent to business entities. The abovementioned investigative activities are carried out due to the absence of legal basis for deferred rent provision, which resulted in nearly 2 billion UAH public property damage.
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».
It should be reminded that 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»). The investigative actions were based on the pre-trial investigation as of the facts of public funds embezzlement scheme while producing and selling gas under joint operation agreements with the Public Joint-Stock Company Ukrgasvydobuvannia