The Detectives of the National Anti-Corruption Bureau of Ukraine have completed pre-trial investigation as of the Deputy Minister of the Temporary Occupied Territories and Internally Displaced Persons of Ukraine (hereinafter referred to as the “TOT”), as well as his “assistant”. They are suspected of possession of someone else's funds in a particularly large amount by deceit. On April 3, 2020, suspects and their defense had been granted with access to the materials of the investigation.
The actions of the suspects are qualified under Part 4 Article 190; Part 4 Article 27, Part 2 Article 15, Part 3 Article 369; Part 4 Article 27, Part 2 Article 15, Part 4 Article 369 of the Criminal Code of Ukraine.
The investigation revealed that a representative of the Limited Liability Company (LLC) told the Deputy Minister about the company passes a complicated approval procedure of permits for construction works on land plots in Kyiv, which according to the Law of Ukraine "On Protection of Cultural Heritage" belong to the monuments of cultural heritage.
On hearing that, the Deputy Minister offered his "services" to ensure approval of the project documentation for USD 1 million.
As the participants of the corruption scheme assured, that amount should supposedly be divided between heads and officials of executive authorities, including Ministry of Culture of Ukraine, Ministry of Justice of Ukraine, Ukrainian State Institute of Cultural Heritage, Kyiv City Council and others.
At the same time, the representative of the interests of the LLC, while communicating with the Deputy Minister informed on issue, the solution of which falls within the competence of the judicial branch. The abovementioned LLC needed consultation on the consideration of the civil case on debt collection from another private company in its favor.
On this request, the Deputy Minister said that for USD 100 thousand, using his contacts, he would be able to ensure the adoption of the necessary judicial decision.
According to the official, he promised to ask the Deputy Prosecutor General to influence the Head of the Civil Court of Cassation (as part of the Supreme Court), which, in turn, could influence the judges of the same court.
Then, the amount of the improper advantage was reduced to USD 80 thousand. After receiving the first part of improper advantage in the amount of USD 50 thousand the Deputy Minister and his "assistant" divided funds among themselves. The second part (USD 30 thousand) was transferred to them on August 14, 2019.
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.