Abuse of office in energy infrastructure: one more investigation is completed

The Detectives of the National Anti-Corruption Bureau of Ukraine (NABU) under the procedural guidance of the prosecutors of the Specialized Anti-Corruption Prosecutor's Office (SAPO) completed a pre-trial investigation as of the facts of abuse of office by officials of Energomerezha HC PrJSC, Zaporizhzhiaoblenergo PJSC and Cherkasyoblenergo PJSC. On October 23, 2020, suspects and their defense had been granted with access to the investigation materials. Then the indictment will be drawn up and sent to court.

Among suspects there are:

• the Acting Head of the Board of Cherkasyoblenergo PJSC (71% of the shares owned by the state) — Part 2 Article 364, Part 5 Article 191, Part 3 Article 209 of the Criminal Code of Ukraine;
• the Acting Head of the Board of Cherkasyoblenergo PJSC — Part 2 Article 364 of the Criminal Code of Ukraine;
• the Acting General Director of the Zaporizhzhiaoblenergo PJSC (60.2% of the shares owned by the state)  — Part 2 Article 364 of the Criminal Code of Ukraine;
• the Head of the Board of the Energomerezha HC  PrJSC — Part 5 Article 191, Part 3 Article 27 Part 2 Article 364, Part 3 Article 209 of the Criminal Code of Ukraine.

The investigation revealed that the suspects had organized a scheme on the transfer of debt. As a result of the scheme, they embezzled funds from enterprises (over 50% of the shares of which are owned by the state) and large electricity consumers. 

Thus, as a result of this scheme, Cherkasyoblenergo PJSC and Zaporizhzhiaoblenergo PJSC did not receive UAH 544 million for the supplied electricity to consumers. These funds had to be transferred to their special accounts and distributed with Energorynok SE. Instead, these funds were transferred to fictitious companies. Cherkasyoblenergo PJSC suffered UAH 81 million of losses due to an illegal loan from Energomerezha HC PrJSC.

The NABU Detectives started a pre-trial investigation as of these facts in July 2016.

The NABU Detectives investigated a number of episodes of criminal actions by officials of Energomerezha HC  PrJSC and Heads of state energy companies. Some investigations were completed and cases sent to court.

Thus, in February 2019, a case of causing UAH 28 million damages to the PJSC Odesa Thermal Power Plant was sent to court.

In June 2020, a case as of UAH 346 million embezzlement of the Zaporizhzhiaoblenergo PJSC was sent to the High Anti-Corruption Court.

On the basis of the investigation materials, the court approved the NABU lawsuits on invalidating 27 agreements between Cherkasyoblenergo PJSC, Zaporizhzhiaoblenergo PJSC, Energomerezha HC  PrJSC for the total amount of UAH 1.5 billion.  This became the basis for the return of UAH 344 million to the state enterprises.

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.

Photo: bankruptcy-ua.com