On March 16, 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) gave notices of suspicion to two persons, probably involved in the scheme of causing UAH 51.17 million damages to three coal mining State Enterprises (SEs). The actions of the suspects are qualified under Part 4 Article 28, Part 5 Article 191, Part 1 Article 255 of the Criminal Code of Ukraine.
The investigation revealed that during 2016-2018 a group of people organized corrupt scheme, as a result they established control over public procurement procedures of three SEs (“Selydivvugillya” SE, “Myrnohradvugillya” SE and “Shahtoupravlinnya Pivdennodonbaske 1” SE).
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, determination of expected cost of procurements, selection of the winners of tenders and control over settlements with them.
Violations of the law were established in 69 purchases of those coal mining enterprises that examined NABU and SAPO. The investigation found that the same company received the supply contracts.
The agreements were about the supply of different goods: combustive and lubricating materials, spare parts for mining equipment, hardware, cable products for mines. However, in fact the company acted as an intermediary, reselling goods purchased from real companies with a margin.
Real companies, in turn, didn’t have opportunity to cooperate directly with SEs due to obstacles specially created by participants of the scheme.
For almost three years, following the instructions of the organizers of the scheme, SEs have purchased goods at inflated prices, sometimes even without the urgent need, for a total amount of almost UAH 174.5 million, illegally overpaid over UAH 51.17 million.
Other persons involved in the commission of a crime are being established.
The High Anti-Corruption Court chose preventive measures for suspects in a form of detention with UAH 3 million and UAH 1.2 million alternative bails.
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.