Case as of the purchase of diesel fuel for "Ukrzaliznytsia" at inflated prices sent to court

22.03.2019 00:00

The indictment as of three officials of the Public Joint-Stock Company (PJSC) "Ukrzaliznytsia" (two former and one acting) and one representative of the Limited Liability Company (LLC) "Wog Aero Jet"* was sent to court. These persons are accused of causing 92 million UAH damage to PJSC "Ukrzaliznytsia" during the purchase of diesel fuel at inflated prices.Among the accused persons there are:

- former head of the Branch "Center for Production" (hereinafter "CP") of "Ukrzaliznytsia", who is accused of committing a crime under Part 2 Article 364 of the Criminal Code of Ukraine;

- former Deputy Head of the "CP" of "Ukrzaliznytsia" (Part 2 Article 364 of the Criminal Code of Ukraine);

- Head of the Oil Products Division of the Oil Products Accounting and Warehouse Management Department of the "CP" of "Ukrzaliznytsia" (Part 2 Article 364 of the Criminal Code of Ukraine);

- representative of the LLC "Wog Aero Jet" (Part 3 and Part 5 Article 27, Part 2 Article 364 of the Criminal Code of Ukraine).

The investigation revealed that in March 2016, the LLC "Wog Aero Jet" won the tender and signed an agreement for the supply of diesel fuel for "Ukrzaliznytsia" at the price, which was lower than the market price. Then, "Ukrzaliznytsia" and the supplier signed three more additional contracts to the supply agreement (March 23, 25 and 29, 2016). In accordance with these contracts, officials of "Ukrzaliznytsia", using the rule of law on the possibility of raising prices up to 10% in case of its fluctuations in the market, several times additionally increased the cost of diesel fuel.

However, the NABU Detectives found out, there were no legal grounds for signing the third additional contract, since during March 25-29, 2016 the market prices for fuel did not increase. So, the purchase price of diesel fuel exceeded the market level of prices. The winner of the tender purchased for "Ukrzaliznytsia" three quarters of the planned amount of fuel at prices raised under the additional agreements. As a result, "Ukrzaliznytsia" overpaid for diesel fuel 92 million UAH.

In July 2018, two former and one acting officials of "Ukrzaliznytsia", as well as two representatives of the LLC "Wog Aero Jet", were given notices of suspicion. A month later, a pre-trial investigation as of four suspects was completed.

One more representative of the LLC "Wog Aero Jet", who is the organizer of the corruption scheme, hiding abroad and is on the international wanted list. The investigation as of him has been separated into another proceeding, and is now in progress.

The NABU Detectives started the investigation as of the abovementioned facts in September 2016.

In addition, on the basis of information obtained during the pre-trial investigation, the NABU initiated a number of lawsuits. According to it, the court confirmed the groundlessness and illegality of the conclusion of the third additional contract.

On July 27, 2017, the Commercial Court of Kyiv satisfied the NABU lawsuits. On October 18, 2017, the Kyiv Commercial Court of Appeal confirmed this decision. On March 15, 2018, the Supreme Court of Ukraine rejected the cassation of the LLC "Wog Aero Jet" on the decision of courts. Therefore, the NABU Detectives received additional arguments in favour of the version of the investigation.

Based on this decision, "Ukrzaliznytsia" filed a lawsuit to recover funds from the "Voles Trade" in its favour. In January 2019, the Commercial Court of Kyiv made a decision in favour of "Ukrzaliznytsia".

*In spring 2018, the LLC changed its name to "Volen Trade"

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.