On April 23, 2021, the National Bureau Detectives under the procedural guidance of SAPO notified former acting Director of the Pivdendiproshakht SE and his deputy of suspicion of embezzling UAH 7 mln and forgery of documents. The actions of the Director fall under Part 2 Article 15, Part 5 Article 191, and Part 1 Article 366 of the Criminal Code of Ukraine, while the actions of his deputy fall under Part 2 Article 15, Part 5 Article 191 of the Criminal Code of Ukraine.
The investigation has revealed that in November 2018, the suspects knew about the planned reorganization of Pivdendiproshakht SE through its merger with the National Coal Company. They then simulated a debt of UAH 7 mln the SE allegedly owed to a private company previously owned by the SE’s Deputy Director.
Service contracts were concluded "retrospectively" to create the appearance that the person had signed them as a business owner, although in fact at the time of the conclusion he already held a position at the SE. After that, the suspects, illegally using a promissory note payment scheme, tried to embezzle UAH 7 mln.
The investigation believes that the suspects took all necessary steps to seize these funds. However, they were unable to commit the crime due to circumstances beyond their control: the repayment of UAH 7 million was suspended.
NABU launched an investigation into the abovementioned facts in February 2020.
According to Article 62 of the Constitution of Ukraine, a person is considered not-guilty in the commission of a crime and cannot be subject to criminal punishment until he or she is found guilty by court.