Embezzlement of SE “EMPP”, SE "NNEGC “Energoatom” funds: indictment sent to court

On May 22, 2018, the National Anti-Corruption Bureau of Ukraine and the Specialized Anti-Corruption Prosecutor's Office filed an indictment against a former Ukrainian MP, ex-chairman of the Verkhovna Rada Committee on Fuel and Energy, and other suspects in criminal proceedings into the embezzlement of funds of SE “Eastern Mining and Processing Plant”, SE "National Nuclear Energy Generating Company “Energoatom”. Prior to that, for about five months (since Jan. 9, 2018), the suspects had been reviewing the materials of the criminal proceedings.

The ex-MP is charged with crimes under:

• Part 3 Article 27, Part 5 Article 191 of the Criminal Code of Ukraine ("Misappropriation, embezzlement or conversion of property by abuse of official post, committed by an organized group in an especially gross amount");
• Part 1 Article 255 of the Criminal Code of Ukraine ("Creation of a criminal organization for the purpose of committing particularly serious crimes, leadership or participation in such organization, participation in crimes committed by such organization");
• Part 3 Article 27, Part 4 Article 28, Part 5 Article 191 of the Criminal Code of Ukraine ("Misappropriation, embezzlement or conversion of property by abuse of official post, committed by an organized group in an especially gross amount");
• Part 3 Article 27, Part 4 Article 28, Part 3 Article 209 of the Criminal Code of Ukraine (Legalization (laundering) by a criminal organization of proceeds from crime committed in an especially gross amount").

The other persons are charged with crimes under:

• the acting General Director of SE “EMPP” - Part 1 Article 255, Part 2 Article 27, Part 4 Article 28, Part 5 Article 191 of the Criminal Code of Ukraine;
• the Deputy General Director of State Concern "Nuclear Fuel" - Part 1 Article 255, Part 5 Article 27, Part 4 Article 28, Part 5 Article 191 of the Criminal Code of Ukraine;
• the First Deputy Chairman of the Board of SE "NNEGC “Energoatom” - Part 1 Article 255, Part 5 Article 27, Part 4 Article 28, Part 5 Article 191 of the Criminal Code of Ukraine;
• the head of PJSC "United Mining and Chemical Company" - Part 1 Article 255, Part 3 Article 27, Part 4 Article 28, Part 5 Article 191, Part 3 Article 209 of the Criminal Code of Ukraine;
• the head of a structural subpision of SE "NNEGC “Energoatom” - Part 2 Article 27, Part 5 Article 191 of the Criminal Code of Ukraine.

 
The National Bureau launched the investigation into the embezzlement of SE "NNEGC “Energoatom” EUR 6.4 million in December 2015. On Oct. 25, 2017, the ex-MP, kingpin and schemes mastermind, was notified of suspicion under Part 5 Article 191 of the Criminal Code of Ukraine.

Investigation of the embezzlement of SE “EMPP” USD 17.28 million was commenced in December 2015. On April 20, 2017, the ex-MP was served a notice of suspicion of committing crimes under Part 3 Art. 27, Part 4 Art. 28, Part 5 Art. 191, Part 1 Art. 255 of the Criminal Code of Ukraine.

In November 2017, the supervising prosecutor of SAPO decided to unite the two criminal proceedings. So far, 11 people have been prosecuted in the case, 4 of whom are wanted.

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.

Photo: nfuel.gov.ua