On Aug. 12, 2021, NABU and SAPO filed the case against the ex-Pivdendiproshakht SE Acting Director and his Deputy with the High Anti-Corruption Court. Both are charged with embezzling UAH 7 million from the company.
The actions of the ex-Director fall under Part 2 Article 15, Part 5 of Article 191 ("misappropriation, embezzlement or conversion of property by abuse of official post"), Part 1 Article 366 ("forgery") of the Criminal Code of Ukraine. The actions of his Deputy fall under Part 2 Art. 15, part 5 Art. 191 of the Criminal Code of Ukraine.
As established, in November 2018, the suspects knew about the planned reorganization of Pivdendiproshakht SE via its merger with the National Coal Company. They then simulated a debt of UAH 7 mln the SE allegedly owed to a private company previously owned by the SE’s Deputy Director.
Service contracts were concluded "retrospectively" to create the appearance that the SE’s Deputy Director had signed them as a business owner, although in fact at the time of the conclusion he already worked for the SE. After that, the suspects, illegally using a promissory note payment scheme, attempted to embezzle UAH 7 mln.
The investigation believes that the suspects took all necessary steps to seize the funds. However, they were unable to commit the crime due to circumstances beyond their control: the repayment of UAH 7 million was suspended.
NABU launched the investigation into the abovementioned facts in February 2020.
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.