On October 27, 2020, the Detectives of the National Anti-Corruption Bureau of Ukraine (NABU), under the procedural guidance of the Specialized Anti-Corruption Prosecutor`s Office (SAPO) exposed 11 persons, who organized a corruption scheme, resulted in causing UAH 47 million losses to the Yuzhny Sea Commercial Port SE. Among the organizers of the scheme there are Acting and Former officials of the Yuzhny Sea Commercial Port SE.
On committing a crime are suspected following persons:
- one of the Deputy Directors of the Yuzhny Sea Commercial Port SE;
- the former Deputy Director of the Yuzhny Sea Commercial Port SE;
- seven former Directors of private companies;
- two officials of private companies.
The actions of the suspects are qualified under Part 5 Article 191 of the Criminal Code of Ukraine.
The investigation revealed that during 2017-2018 one of the Acting Head, the former Deputy Director of the Yuzhny Sea Commercial Port SE and the Head of a private company organized corrupt scheme through which the SE illegally overpaid UAH 47.5 million during the state procurement.
The officials involved a number of other persons in the scheme. As a result, they controlled all stages of procurement procedures – monitoring the needs of the mentioned SEs in procurements, the formation of tendering conditions, and communication with potential suppliers, selection of the winners of tenders (companies, controlled by the organizers of the scheme). Violations of the law were established in 29 purchases that examined NABU and SAPO.
The NABU Detectives started a pre-trial investigation as of the abovementioned facts in the fall of 2017.
It is not the first time when NABU and SAPO expose corruption schemes in the port industry. A number of investigations were completed and cases sent to court.
Thus, in September 2019, a case of 247 million UAH public funds embezzlement of the State Enterprise Ukrainian Sea Ports Authority (USPA SE) during the state procurement of dredging services for approach channels and water areas of the Berdyansk and Mariupol seaports was sent to court. Based on the investigation materials of the case, the Supreme Court upheld the decision on the invalidation of agreement for a total amount of UAH 290 million and UAH 712 million. As a result, it was possible to prevent the transfer of about 395 million UAH in favor of the Techmorgidrostroy Mykolaiv LLC and prevent the causing of about 146 million UAH losses to the USPA SE. The case is pending.
In May 2020, NABU and SAPO completed the pre-trial investigation as of the facts of causing UAH 21 million losses to the USPA SE. Four suspects and the defense had been granted with access to investigation materials for review.
In July 2020, a case as of the facts of causing the UAH 2.49 million losses to the Berdyansk Branch of the USPA SE was sent to court.
According to Part 1 Article 62 of the Constitution of Ukraine a person is considered not-guilty in commission of a crime and cannot be a subject to criminal punishment, until he or she is found guilty by the court.