Case as of UAH 20 million embezzlement of the "Ukrzaliznytsia" was sent to court

The investigation as of the facts of causing damages in the amount of UAH 20 million to the State Enterprise (SE) “Ukrzaliznychpostach” (since December 2015 - Branch of the JSC "Ukrzaliznytsia") and attempt to embezzle UAH 43 million was completed. In particular, among the accused persons there are:

• the ex-Member of Parliament of Ukraine (MP);
• the financial adviser;
• the freelance adviser of Head of the Administration of President of Ukraine in 2015-2016 years.

On June 12, 2020, the indictment as of the abovementioned persons was sent to the High Anti-Corruption Court.

They are accused of committing crimes under Part 5 Article 27, Part 5 Article 191 of the Criminal Code of Ukraine. The ex-MP and his financial adviser are also accused of committing crimes under Part 5 Article 27, Part 2 Article 15, Part 5 Article 191 of the Criminal Code of Ukraine.

The investigation revealed that in 2015 the private entrepreneur asked the MP (at the time of committing a crime) for assistance in organizing of a scheme. According to the scheme, the hardware products for the "Ukrzaliznytsia" should be supplied at inflated prices. The MP agreed to help with the organization of crime by providing advices, financial resources and using business connections. His assistant was involved in organization of the crime. He fulfilled financial instructions of the MP and consulted other participants of the scheme.

The MP asked the freelance adviser of Head of the Administration of the President of Ukraine to influence the officials of the SE “Ukrzaliznychpostach”. According to the plan, the SE officials had to ensure the winning of a predetermined company on state procurement and to conclude the supply agreement of hardware products at inflated prices.

As a result, the agreement for the supply of hardware products at prices almost twice higher than the average market was signed. The investigation revealed that the "Ukrzaliznytsia" suffered losses in the amount of UAH 20 million.

During February-June 2016, the MP and his financial adviser tried to commit a similar crime by aiding in the attempt to embezzle funds of the "Ukrzaliznytsia".

The NABU Detectives started a pre-trial investigation as of those facts in January 2016 and completed in November 2019.

In July 2016, five persons involved in the scheme were detained. Among detainees there are representatives of commercial companies and officials of the "Ukrzaliznytsia".

In October - November 2016, the ex-Head of Branch of the SE “Ukrzaliznychpostach” and the organizer of the scheme – the beneficiary of the “Incomm” LLC were given notices of suspicion. The beneficiary of the “Incomm” LLC was put on international wanted list. In March 2017, the case was sent to Solomyansky District Court of Kyiv.

In July 2017, four more participants of the crime were given notices of suspicion. In August 2018, the case was sent to court.

In 2019, a number of persons involved in the crime increased. The ex-Member of Parliament of Ukraine, his financial adviser, freelance adviser of Head of the Administration of President of Ukraine in 2015-2016 years were given notices of suspicion.

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.