The Detectives of the National Anti-Corruption Bureau of Ukraine (NABU) have completed the investigation as of the facts of abuse of office during the procurement of services for the development a software for the sale of “Kyiv Boryspil Express” electronic tickets. On November 26, 2019, four suspects and their lawyers had been granted with access to the materials of criminal proceeding for review.
Among the suspects there are:
- the Director of the Branch of the Public Joint-Stock Company (PJSC) "Ukrzaliznytsia" (at the time of committing a crime);
- the ex-Deputy Director of the Branch of the "Ukrzaliznytsia" PJSC (at the time of preparation and committing of the crime);
- the beneficial owner of a private company;
- the Head of a private company;
- the Deputy Head of a private company.
The actions of all suspects are qualified under Part 3 Article 15, Part 5 Article 191 of the Criminal Code of Ukraine.
The investigation revealed that in March 2018, when the system of selling e-tickets had already been functioning, the officials of the "Ukrzaliznytsia" PJSC initiated the purchase of new software to organize the same process for “Kyiv Boryspil Express”. The officials forged documents to avoid open bidding. Contrary to the law, they organized the procurement by negotiation procedure.
According to the examination, "Ukrzaliznytsia" PJSC software for selling “Kyiv Boryspil Express” tickets actually duplicated the functionality of the already existing service https://booking.uz.gov.ua. Therefore, "Ukrzaliznytsia" could not receive additional income.
The service developer offered the “Ukrzaliznytsia” PJSC to add an option to the existing service for the sale of e-tickets for passenger trains free of charge. Instead, the officials of the "Ukrzaliznytsia" PJSC purchased the service for UAH 10.4 million at another company, possibly related to former "Ukrzaliznytsia" officials.
According to the scheme, the selected supplier was supposed to outs the previous company providing IT services in a non-competitive manner due to the advantages provided by the "Ukrzaliznytsia" officials in the conclusion of supply contracts. For this, the company had to implement at "Ukrzaliznytsia" PJSC its software product for the sale of “Kyiv Boryspil Express” tickets. Then, under the guise of modernization and according to the participants of crime plans, the software product should be implemented in all directions of passenger trains traffics.
After the start of the pre-trial investigation and a number of investigative actions, the executives of the "Ukrzaliznytsia" PJSC stopped paying for the software to the private company. UAH 10.4 million was saved at the "Ukrzaliznytsia" accounts.
The NABU Detectives started a pre-trial investigation as of the abovementioned facts in December 2018 on the basis of publications in media.
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.