The pre-trial investigation as of the facts of more than 58 million UAH public funds embezzlement while purchasing of fuel for the needs of the Ministry of Defense of Ukraine (MDU) was completed.
On October 7, 2019, an indictment as of four officials of the MDU and beneficial owner of a private company was sent to the High Anti-Corruption Court of Ukraine.
In particular, among accused persons there are:
- Deputy Minister of the MDU;
- Director and employee of the Department of Public Procurement and Supply of Material Resources of the MDU;
- official of Internal Audit Department of the MDU.
The actions of abovementioned persons are qualified under Part 5 Article 191 of the Criminal Code of Ukraine (Misappropriation, embezzlement or conversion of property). The actions of actual owner of a private enterprise that supplied fuel are qualified under Part 3 Article 27, Part 5 Article 191 of the Criminal Code of Ukraine.
The investigation revealed that in early 2016, the tender committee of the Ministry of Defense organized an open bidding procedure for the purchase of fuel.
In April 2016, the committee approved the proposals of one of the bidders (as most economically profitable) on 14 lots.
On May 13 and 18, 2016, the MDU and the winner of the bidding signed 14 contracts for the supply of fuel for special purpose vehicles at the expense of the state budget for a total amount of more than 1 billion UAH.
According to the pre-trial investigation, in June-August 2016, the customer and the supplier without any legal grounds signed a number of additional agreements for amending the contracts for the procurement of goods for public funds, according to which the price per unit of goods was unreasonably increased by an average of 16% of the initial price. As a result, 58.126 million UAH public funds were transferred unreasonably and illegally in favor of the supplier.
The NABU Detectives started pre-trial investigation as of the abovementioned facts in September 2016.
In Autumn 2017, four officials of Ministry of Defense of Ukraine, beneficial owner of a private enterprise that supplied fuel, its representative and the nominee director were given notices of suspicion for committing a crime under Part 5 Article 191 of the Criminal Code of Ukraine («Misappropriation, embezzlement or conversion of property by abuse of official position»).
At the beginning of 2019, the pre-trial investigation was completed and materials of criminal proceeding were opened for review. The investigation as of the nominee director of a private enterprise that supplied fuel is in progress in framework of a separate proceeding because the suspect is hidden from the investigation.
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.