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Officials of the National Guard exposed on the fraud with apartments in amount of UAH 17.3 million

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Officials of the National Guard exposed on the fraud with apartments in amount of UAH 17.3 million

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) exposed a criminal group of five persons, who organized a corrupt scheme of purchasing uninhabitable apartments for combatants of the National Guard of Ukraine (NGU).Among the suspects, there are:

  • the beneficial owner of LLC;
  • the Head of the Financial Department of the Department of Accommodation and Capital Construction of Logistics of the NGU;
  • the Head of the Department of Accommodation and Capital Construction of Logistics of the NGU;
  • the Director of the company-winner of tender;
  • the lawyer, representative of the Director LLC.

They involved the Head of the Department of Accommodation and Capital Construction of Logistics of the NGU. However, the investigation revealed that this person was not a member of the group. The investigation revealed that in 2017 from the State Budget of Ukraine distributed more than UAH 85.94 for the purchase of housing for NGU. 

The beneficial owner of a number of legal entities had a criminal plan to seize funds from the NGU. He involved NGU officials (members of the tender commission for the purchase of housing for combatants) and commercial companies under his control in the implementation of the criminal plan.

The abovementioned persons determined the need to purchase the maximum number of apartments in the territory of Kyiv Oblast, where the apartments of the LLC were located.

After that, the abovementioned persons ensured the participation of the LLC in the tender for the purchase of housing. They convinced other members of the commission that the apartments complied with the terms of the tender.

Thus, the documents stated that the apartments were allegedly ready for occupancy, but in fact, the utilities for the supply of utilities were not connected, and the finishing work was only partially completed. Examination confirmed the unsuitability of this property for living.

NGU concluded agreements on the purchase of apartments with LLC after winning the tender. The participants of crime were well aware that the housing did not meet the requirements. In 2017, the NGU transferred over UAH 17.3 million of budget funds to the account of the LLC. This is the amount of damage caused to the state budget, according to the conclusions of examinations.

The NABU Detectives started a pre-trial investigation as of these facts in February 2020 after the transfer of materials from the National Police to NABU. At that time, the roles of only part of the scheme participants were defined.

NABU and SAPO collected additional evidence, identified new participants and established that a group organized by the owner of private companies committed the crime. This group included the Head of Department of Accommodation and Capital Construction of Logistics of the NGU.

On July 20-21, 2020, these two persons were given notices of suspicion in accordance with Article 135, Article 278 of the Criminal Procedure Code of Ukraine. Their location is being established.

On July 21-23, 2020, other participants in the scheme were given updated notices of suspicion due to the fact that they were acting as an organized group. On July 24, 2020, the suspects and their defense had been granted with access to the materials of the investigation.  Then the indictment will be drawn up and sent to the High Anti-Corruption Court.

The actions of the group members are qualified as follows:

  • the beneficial owner of LLC (Part 5 Article 191, Part 2 Article 28, Part 2 Article 366 of the Criminal Code of Ukraine);
  • the Head of the Financial Department of the Department of Accommodation and Capital Construction of Logistics of the NGU (Part 5 Article 191, Part 2 Article 28 - Part 2 Article 366 of the Criminal Code of Ukraine);
  • the Head of the Department of Accommodation and Capital Construction of Logistics of the NGU (Part 5 Article 191, Part 2 Article 28 - Part 2 Article 366 of the Criminal Code of Ukraine);
  • the Director of the company-winner of tender (Part 5 Article 27, Part 5 Article 191, Part 2 Article 28 - Part 2 Article 366  of the Criminal Code of Ukraine);
  • the lawyer, representative of the Director LLC (Part 2 Article 28 - Part 2 Article 366, Part 5 Article 191 of the Criminal Code of Ukraine).

On July 24, 2020, the pre-trial investigation as of the  Head of the Department of Accommodation and Capital Construction of Logistics of the NGU completed. However, the investigation revealed that this person was not a member of the group.

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.

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