On October 2, 2019, 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) gave notices of suspicion to 3 persons. They are suspected of causing damage in the amount of 20 million UAH to the State Enterprise (SE) “Ukrzaliznychpostach” (since December 2015 - Branch of the JSC "Ukrzaliznytsia") and attempt to embezzle 44 million UAH.
In particular, among the suspects there are:
- ex-Member of Parliament of Ukraine (MP);
- financial adviser;
- freelance adviser of Head of the Administration of President of Ukraine in 2015-2016 years.
Two persons’ location is currently being unknown. Notices of suspicion to financial advisor and freelance adviser were given in accordance with Article 278, Article 135 of the Criminal Procedural Code of Ukraine. The actions of all suspects are qualified under Part 5 Article 27, Part 5 Article 191 of the Criminal Code of Ukraine.
So the total number of participants in the abovementioned crime increased to 10 people. The investigation revealed that in 2015 private entrepreneur asked a Member of Parliament (at the time of committing a crime) for assistance in organizing of a scheme. According to scheme, hardware products for "Ukrzaliznytsia" had to be supplied at inflated prices. MP agreed to help with the organization of crime by providing advices, financial resources and using business connections.
His assistant was involved in organization of the crime. He fulfilled financial instructions of the MP and consulted other participants of the scheme. The Member of Parliament asked a freelance adviser of Head of the Administration of President of Ukraine to influence the officials of the SE “Ukrzaliznychpostach”. According to the plan, officials of the SE had to ensure the winning of a predetermined company on state procurement and to conclude the supply agreement of hardware products at inflated prices.
As a result, an agreement for the supply of hardware products at prices almost twice higher than the average market was signed. The investigation revealed that "Ukrzaliznytsia" suffered losses in the amount of 20 million UAH.
The NABU Detectives started the pre-trial investigation as of the abovementioned facts in January 2016.
In July 2016, five persons involved in scheme were detained. Among them there were representatives of commercial companies and officials of "Ukrzaliznytsia".
In October - November 2016, ex-Head of Branch of the SE “Ukrzaliznychpostach” and organizer of the scheme – beneficiary of LLC “Incomm” were given notices of suspicion. Beneficiary of LLC “Incomm” was put on international wanted list. In March 2017, the case was sent to Solomyansky District Court of Kyiv.
In July 2017, four more participants of the crime were given notices of suspicion. Among suspects there were representatives of commercial companies and officials of "Ukrzaliznytsia". In August 2018, the case was sent to Solomyansky District Court of Kyiv.
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.