Pre-trial investigation as of the facts of embezzlement of more than 300 million cubic meters of natural gas of National Joint-Stock Company (NJSC) Naftogaz of Ukraine was sent to the High Anti-Corruption Court.
NABU Detectives completed an investigation as of these facts in September 2018. After that, for more than 15 months, the defense and suspects had been acquainted with the case materials. Therefore, NABU and SAPO filed a motion to the court to limit the defense in terms until December 17, 2019.
Among suspects there are:
Head of LLC “Energia-Novoyavorivsk” (Part 5 Article 191, Part 3 Article 209, Part 2 Article 366 of Criminal Code of Ukraine);
Technical Director of LLC “Energiya-Novyj Rozdil” (Part 5 Article 191, Part 3 Article 209, Part 2 Article 366 of Criminal Code of Ukraine);
Financial Director of two LLCs — “Energia-Novoyavorivsk” and “Energiya-Novyj Rozdil” (Part 5 Article 191, Part 3 Article 209 of Criminal Code of Ukraine);
scheme organizer, the Advisor of the Director of LLC “Energiya” (Part 5 Article 191, Part 3 Article 209, Part 2 Article 366 of Criminal Code of Ukraine).
It should be added, that the Director of LLC “Energiya-Novyj Rozdil” did not appear in order to receive the indictment. Therefore, he was put into wanted list, and the case against him was allocated in separate proceeding.
The investigation revealed that the enterprises, which own Novoyavorivska and Novorozdolska thermal power plants (located in Lviv region) during 2013-2015, concluded a number of agreements with NJSC Naftogaz of Ukraine on purchase of natural gas for production of heat energy for citizens. In order to reduce the cost of heat for this category of consumers, NJSC supplied gas at prices significantly lower than market prices.
As a result, the profit from the electricity generation of the plants exceeded 60%, while the Energy and Utilities the National Regulatory Commission Ukraine set the tariff with 3-5% profit. Thus, according to the NABU Detectives, due to this "scheme" the thermal power plants received overcome comparable with the size of Naftogaz losses.
In January 2018, NABU Detectives detained and gave notices of suspicion to 5 persons: 4 officials of the companies-owners of the thermal power plants — “Energiya-Novyj Rozdil” and “Energia-Novoyavorivsk”, and an individual — the “curator” of the scheme, which is close to members of parliament of Ukraine.
The Solomyansky District Court of Kyiv satisfied the motion filed by NABU Detectives and seized the integral property complexes of the combined heat and power plants (CHP) of Novyj Rozdil and of Novoyavorivsk. According to the court decision, this integral property complexes were transferred to the National Agency of Ukraine for finding, tracing and management of assets (ARMA). On August 1 and 10, 2018, the Kyiv Court of Appeal upheld the decision of the investigating judge of the Solomyansky District Court of Kyiv on the seizure of property. Thus, the court recognized the reasoned position of NABU Detectives, according to whom the arrest and subsequent transfer to the ARMA of the property of these LLCs will ensure the safety of the property of two thermal power plants. In addition, this step will make it impossible to steal natural gas from the Novyj Rozdil and Novoyavorivsk Thermal Power Plants owned by these business entities.
The NABU Detectives started investigation of the abovementioned facts in December 2016 on the basis of materials of the Energy and Utilities the National Regulatory Commission Ukraine and media publications.
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.