Misappropriation of 6 land plots in the capital: case materials opened

The Detectives of the National Anti-Corruption Bureau of Ukraine (NABU) completed investigation as of the facts of misappropriation of 6 land plots in the capital by the Deputy of the Kyiv City Council, ex-Secretary of the land commission. On April 1, 2019, ex-official and his accomplice were granted with access to the materials of criminal proceeding for review.

Deputy of the Kyiv City Council is suspected in committing crime under Part 5 Article 191, Parts 3, 4 Article 358 of Criminal Code of Ukraine. The actions of his accomplice are qualified under Part 5 Article 27 Part 5 Article 191 of the Criminal Code of Ukraine.

Investigation revealed that Deputy of the Kyiv City Council, holding the position of secretary of the Kiev City Council Commission on Land Relations (hereinafter — the Commission), and having access to information about the availability of free land in the capital city, during 2008-2014, organized a scheme for misappropriation of 6 land plots. The total value of these lands is more than 2.5 mln UAH.

As the NABU Detectives found out, the official asked his relative to help with the implementation of the corruption scheme. On behalf of the Deputy, he was looking for people on whom they can privatize land plots in the Holosiivskyi district of Kyiv. Those land plots were in communal ownership.

After the list of such persons was ready, the official, in his own letter, initiated the inclusion of the issue of the allocation of land to them on the Commission’s agenda. Subsequently, at the session of the Kyiv City Council, the initiator, together with other Deputies, voted for that decision.

As a result, 6 land plots with a total area of 0.47 hectares were allocated to predetermined inpiduals who were not even aware of this. Later the NABU Detectives found out that the land acquisition was made out of forged documents.

On February 25, 2019, the Commission’s ex-Secretary was given a suspicion of misappropriation of 6 land plots, as well as illegal enrichment in the amount for 19.5 mln UAH. The NABU Detectives found that in 2015-2016 Deputy of the Kyiv City Council acquired ownership and transferred 19.5 mln UAH assets, the legitimacy of grounds for obtaining which was not confirmed by evidence. Part of this amount was spent on the purchase of a luxury SUV, which is in the use of the Deputy, the rest was invested in corporate rights and real estate, which bring profit to the suspected ex-official of the Kyiv City Council. However, due to the decision of the Constitutional Court, which declared the article on illegal enrichment unconstitutional, criminal proceedings against the Deputy of the Kyiv City Council regarding Article 368-2 were closed, and the suspicion was changed, excluding from it article 368-2 of the Criminal Code of Ukraine.

These facts became the second episode with the misappropriation of land plots in the capital for the likely participation of the ex-Secretary of the Commission, investigated by the NABU Detectives. Earlier, in September 2017, an official was caught for misappropriation of 3 plots in the capital city with a total area of 0.26 hectares. Eight months later, the National Bureau's detectives completed the investigation, and the SAPO Prosecutors sent the indictment to the court. Now the case is being heard in the Shevchenkivskyi District Court of Kiev.

The NABU Detectives started the investigation of this criminal proceeding in September 2016.

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.