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 346.22 million UAH public funds embezzlement of the OJSC “Zaporizhzhiaoblenergo” (from 2017 — the PJSC).
On August 23, 2019, suspects and their defense had been granted with access to the materials of the investigation.
Then the indictment will be drawn up and sent to court.
Among suspects there are:
- Former Head of the Board of the PrJSC “HC “Energomerezha ”, who is charged with committing crimes under Part 5 of Article 191, Part 3 Article 27 Part 2 Article 364 of the Criminal Code of Ukraine;
- Former Acting General Director of the OJSC “Zaporizhzhiaoblenergo” — Part 2 of Article 364 of the Criminal Code of Ukraine.
The investigation revealed that the suspects had organized a scheme, according to which consumers, instead of paying for electricity to the actual supplier — the PJSC “Zaporizhzhiaoblenergo” (60% of the shares are owned by the state), transferred funds to the intermediary — the PrJSC “HC “Energomerezha”, which had to pay to the energy supplier. Because of such mediation, consumers paid more than 196.82 mln UAH to the PrJSC “HC “Energomerezha”, which in turn transferred 1.7 mln UAH to the PJSC “Zaporizhzhiaoblenergo” instead of the expected 346.22 mln UAH.
In fact, “Zaporizhzhiaoblenergo” has passed to the “Energomerezha” the right to claim debts from such companies as the State Enterprise “Zaporizhye Titanium and Magnesium Combine”, the LLC “Zaporizhye Titanium and Magnesium Combine”, the PJSC “Dniprospetsstal”, which are one of the largest consumers in Zaporizhzhia Oblast. The scheme lasted in 2014-2015, and for its implementation, the agreements on assignment of rights of claim were signed. They contradicted the legislation in the field of electricity and changed the procedure for making payments on the Wholesale Electricity Market of Ukraine.
For about three years, the Head of the PrJSC “HC “Energomerezha” was hiding from the investigation, so he was put on the wanted list. Only in April 2019, this person was extradited from Germany to Ukraine. The second suspect, former acting General Director of the OJSC “Zaporizhzhiaoblenergo”, is still on the wanted list and, according to the investigation, he is on the territory of the Russian Federation.
The NABU Detectives started a pre-trial investigation as of these facts on December 4, 2015. It is the first registered criminal proceeding in the history of the NABU and the SAPO. The investigation has been completed regarding detached episodes of the corruption scheme. In relation to a number of similar transactions involving power companies with state ownership, the investigation is in progress.
Based on the materials of the pre-trial investigation, the National Bureau five agreements on the assignment of claims for a total amount of more than 346 mln UAH were declared invalid. The NABU also provided refunding of 74 mln UAH losses.
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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.