Investigation as of UAH 20 million public funds of illegal alienation completed

The Detectives of the National Anti-Corruption Bureau of Ukraine (NABU) under the procedural guidance of the Specialized Anti-Corruption Prosecutor’s Office (SAPO) completed the pre-trial investigation as of the facts of UAH 20 million of illegal alienation. The funds were seized by court decision and had to be refunded to the state budget.

 

On March 26, 2020, the suspects and their defense had been granted with access to the materials of the investigation.

 

In particular, among suspects there are:

• two directors and an accountant of LLCs, involved in corruption scheme at "Ukrzaliznytsia" (Part 2 Article 28, Part 1 Article 388 of the Criminal Code of Ukraine);
• legal adviser of one of the banks (Part 2 Article 367 of the Criminal Code of Ukraine);

In summer 2016, NABU and SAPO exposed the corruption scheme at the State Enterprise "Management of Industrial Enterprises of the State Administration of Railway Transport of Ukraine" (now - a branch of the Industrial Management Center of PJSC "Ukrzaliznytsia"). The investigation revealed that in 2014-2016 the SE purchased cross-sleepers and bars at price 80% higher than the average market price.

 

The purchases were made through a number of commercial companies controlled by the Acting Director of the Branch. As a result, "Ukrzaliznytsia" PJSC illegally overpaid UAH 13 million. In March 2017, the Director of the intermediary company signed plea bargain agreement. The court imposed the confiscation of mentioned UAH 20 million to the state budget.

 

The former official of the branch of the “Ukrzaliznytsia" PJSC was given a notice of suspicion of committing a crime under Part 5 of Article 191 of the Criminal Code of Ukraine. On August 2017, the indictment as of the ex-official was sent to the Solomyansky District Court of Kyiv. The investigation initiated the seizure of UAH 20 million funds of the companies involved in the corruption scheme for compensation of the damages.

 

However, despite the court decisions and the requirements of the Ukrainian legislation the representatives of the companies alienated the seized funds in favor of third parties. As a result, UAH 20 million losses were caused to the state. The NABU Detectives and the SAPO Prosecutors started investigation after the notification of the State Executive Service of Ukraine.

 

On October 2, 2019, three persons (two Directors and the accountant of LLCs) were given notices of suspicion. On February, 27, 2020, NABU and SAPO gave a notice of suspicion to the fourth participant of crime - legal adviser of one of the banks.

 

 

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