The All-Ukrainian Association of Bakers, the Union “Mukomols of Ukraine” and the Association of bakery enterprises “Ukrkhlebprom” appealed to law enforcement authorities and the National Anti-Corruption Bureau of Ukraine (NABU) with a request to stop the prosecution of the First Deputy Minister of Agrarian Policy and Food Taras Vysotsky and to drop charges against him for using his official position during the state procurement of products in March-April-2022.
“We convincingly ask the leadership of law enforcement agencies, primarily the NABU, to objectively consider all the circumstances and facts, make the right conclusions and stop the prosecution of one of the most decent and professional officials”, – stated in the available “Interfax-Ukraine” appeal of three business associations, uniting the majority of producers of bakery products, flour, cereals and pasta.
The business associations expressed surprise at Vysotskyy’s notification of suspicion of committing a criminal offense under part 2 of Article 364 of the Criminal Code of Ukraine (use of official position to obtain an unlawful benefit for a legal entity contrary to the interests of the service) and assured law enforcement agencies that in this case there was an unfortunate mistake.
“We, as producers of essential products, remember well those extra difficult times of the beginning of the full-scale war with the Russian invaders, which stood on the outskirts of the capital, when it was a question of survival and ensuring food security of the state. A huge role in this process was played by the leadership of the relevant ministry, and first of all by T.M. Vysotsky, because it was thanks to his honest and highly professional actions to manage and coordinate the activities of the industry that it was possible to avoid interruptions and abuses in the supply of food to the population and the AFU”, – said public organizations.
They called the accusations against Vysotskyy groundless and asked law enforcement agencies to carefully familiarize themselves with the position of the Ministry of Agrarian Policy and Food, which they fully share.
As reported, on 24 August, the National Anti-Corruption Bureau of Ukraine (NABU) and the Specialized Anti-Corruption Prosecutor’s Office (SAP) accused the first deputy minister of agrarian policy of Ukraine, Vysotskyy, of abusing 62.5m hryvnyas in the purchase of food products to meet the needs of the state during martial law.
The Ministry of Agrarian Policy published a statement specifying the accusation received by Vysotskyy. In March-April 2022, he allegedly coordinated invoices for regional military administrations (RMAs) for the purchase of imported durum wheat pasta from Olimp LLC and WinsideLight LLC at inflated prices, which caused damage to the state in the amount of UAH 63 million. The investigation indicates that the cost of pasta products as of March-May 2022 ranged from 33.65-36.89 UAH/kg.
“The investigation does not take into account that the State Statistics Service of Ukraine for the period of March-May 2022 provides prices for pasta from durum wheat varieties for 500 g, and the purchase of 1 kg was carried out, so the price exceeded 72 UAH/kg, which excludes damage”, – emphasized in the Ministry of Agrarian Policy and added that the said arithmetical error should be taken into account and corrected by the investigation.
In addition, the investigation was advised to take into account the existence of a public contract for the supply of food products and its terms and conditions, which were not determined by Vysotsky. The Ministry of Agrarian Policy was not a party to the contract, all contracts were agreed upon by the regional military administrations. Vysotsky, in turn, drew the attention of the OVA representatives to the need to conclude deals at the lowest possible prices.
The Specialized Anti-Corruption Prosecutor’s Office (SAPO) and the National Anti-Corruption Bureau of Ukraine (NABU) have exposed the First Deputy Minister of Agrarian Policy of Ukraine and the former Deputy Minister of Economy of Ukraine for misuse of UAH 62.5 million in the purchase of food to meet the needs of the state during martial law.
As reported in the SAPO telegram channel on Thursday, the food was intended as humanitarian aid for the needs of eight regions of Ukraine, as well as the city of Kyiv.
As established during the pre-trial investigation, in March 2022, the First Deputy Minister of Agrarian Policy and Food implemented a scheme that provided for the purchase of products for the needs of regional military administrations at the expense of Ukrzaliznytsia JSC from a controlled company at prices 2-3 times higher than market prices. The price overstatement was due to the purchase of products from a foreign manufacturer (Poland) through a controlled intermediary company. As a result of this scheme, from March to August 2022, Ukrzaliznytsia suffered losses in the amount of UAH 28.8 million.
A similar scheme was used to purchase food products from a foreign producer in Turkey through a controlled spacer firm. To ensure the purchase of products, the scheme also involved the then acting Deputy Minister of Economy, who concealed data on the availability of more favorable offers from other market participants, including Ukrainian producers, and also induced officials of regional administrations to illegally approve applications and invoices for the purchase of products from the controlled company.
Due to the operation of the scheme from March to August 2022, Ukrzaliznytsia suffered damage of another UAH 33.7 million, according to the SAP and NABU. After receiving payment, the money was transferred to a foreign company with signs of fictitiousness for further legalization.
The above-mentioned officials have been announced on suspicion, their actions are qualified under part 2 of article 364 of the Criminal Code of Ukraine “Abuse of power or official position”
The post of First Deputy Minister of Agrarian Policy and Food has been held by Taras Vysotskyy since May 26, 2021.
The National anti-corruption bureau of Ukraine (NABU) conducted a search in the apartment of the founder of the holding UFuture Vasily Khmelnitsky, the businessman himself said in the social network “Facebook”.
“Already in the office found out that I have “guests” from the NABU at home. Days of exemplary searches after nights of rocket attacks for Ukrainian businessmen have become a tradition. Unfortunately. This visit of law enforcement agencies to me concerns a case that has been under investigation for more than four years, and all these years I am in Kyiv, I am not hiding from anyone, and investigative experiments and interrogations have already been conducted more than once,” Khmelnitsky wrote.
The businessman specified that the case concerns a plot of land, which he and his partner bought at an open auction for the construction of a new modern school. Paid the full price (18.9 million UAH), received the rights of the owner.
“For us, 100% (it – IF) is a social project, not a business. It is access to quality school education that paves the way for real transformations and reforms in Ukraine in the long term. In the short term – Kiev through private investment gets the necessary infrastructure for the comfortable life of citizens, and the inhabitants of the residential complex – an additional advantage, “- wrote Khmelnitsky.
At the same time, the businessman stressed that the legality of the purchase of the land plot at the auction and the conclusion of the sale agreement is confirmed by the court.
“But the NABU believes that the price is too low”, – added Khmelnitsky.
According to him, in accordance with the urban planning documentation at this address can not be placed commercial or residential real estate – this explains the price of the contract.
As clarified to the agency “Interfax-Ukraine” in the press service of Khmelnitsky, in July 2018 state enterprise “MIA “Inform-Resources” held an open auction for the sale of real estate belonging to him at Kiev, Military passage, 8. The sale price was determined by an independent appraiser engaged by the seller and agreed by the State Property Fund of Ukraine. The plot was purchased by the company from the group – “Persestroy” LLC – for the construction of the second building of the innovative educational project of Novopechersk school.
“The legality of the purchase and the contract of sale was confirmed by the court. Yes, the tax service tried to invalidate the contract of sale, but the Commercial Court of Kyiv dismissed the claim. The decision was upheld by the court of appeal and is still in force. The Supreme Court refused to open proceedings on the tax appeal. NABU participated in the trial as a third party on the side of the plaintiff,” the press service of Khmelnytskyy reported.
It added that to implement the project of expanding the school, in addition to the acquisition of real estate, resources have already been spent on the development of several business models, the creation of a separate project team. Additionally hired teachers and methodologists, conducted an audit of the school, developed pre-project documentation.
“In addition, the management has taken steps to obtain a loan from the Black Sea Trade and Development Bank,” the press service noted.
The company added that information became known from open sources that the funds paid by Persevstroy LLC for the real estate had been embezzled, but the bona fide buyer had nothing to do with these actions.
As Khmelnitsky notes, it is necessary to stop the mass practice of “mask show” and intimidation of business in conditions of war. “All remaining entrepreneurs in the country, believe me, are 100% patriotic and ready for a civilized dialogue. In the last few months alone I have heard about dozens of such cases with show off searches of respected businessmen. Both the Ukrainian society and foreign investors are observing this negative trend. There is a sincere hope that the authorities are listening to the voice of business because it is only possible to defeat the external enemy and develop Ukraine’s economy by joining forces,” he believes.
Khmelnitsky assured that he is not going anywhere and is ready to answer all questions.
The National Anti-Corruption Bureau of Ukraine (NABU) conducted a search in the apartment of UFuture holding founder Vasyl Khmelnitsky, the businessman himself said on Facebook.
“Already in the office found out that I have guests from the NABU at home. Days of exemplary searches after nights of rocket attacks for Ukrainian businessmen have become a tradition. Unfortunately. This visit of law enforcement agencies to me concerns a case that has been under investigation for more than 4 years, and all these years I am in Kyiv, I am not hiding from anyone, and investigative experiments and interrogations have already been carried out repeatedly”, – wrote Khmelnitsky.
He said that the case concerns a plot of land, which Khmelnitsky together with a partner purchased for the construction of a new modern school at an open auction, paid the full price (18.9 million UAH) and received the rights of the owner.
“For us, it is 100% a social project, not a business. It is access to quality school education that paves the way for Ukraine’s real transformation and reforms in the long term. In the short term – Kiev at the expense of private investment gets the necessary infrastructure for comfortable life of citizens, and the inhabitants of the residential complex – an additional advantage,” he wrote.
The businessman stressed that the legality of the purchase of the land plot at the auction and the conclusion of the sale agreement is confirmed by the court.
“But the NABU believes that the price is too low”, – said Khmelnitsky.
According to the businessman, in accordance with the city planning documentation at this address can not be placed commercial or residential real estate, this explains the price of the contract.
Khmelnitsky noted that in war conditions it is necessary to stop the mass practice of “mask show” and intimidation of business. “All remaining entrepreneurs in the country, believe me, are 100% patriotic and ready for a civilized dialogue. In the last few months alone I have heard about dozens of such cases with show off searches of respected businessmen. Both the Ukrainian society and foreign investors are observing this negative trend. There is a sincere hope that the authorities are listening to the voice of business because it is only possible to defeat the external enemy and develop the Ukrainian economy by joining forces,” he said.
Khmelnytskyy said that he is not going anywhere and is ready to answer all questions.
The National Anti-Corruption Bureau of Ukraine (NABU) under the procedural guidance of prosecutors of the Special Anti-Corruption Prosecution Office (SAP) states the exposure of a criminal organization led by the former chairman of the State Property Fund (SPF) of Ukraine, whose participants during 2019-2021 seized over 500 million UAH funds of JSC “Odessa Port Plant” (OPP) and JSC “United Mining and Chemical Company” (UMCP).
“At the same time, the amount of unlawful benefit received by members of the criminal organization for the entire period of control of JSC “OPZ” is more than 2 billion UAH,” the NABU reported on its website on Wednesday.
In the message there is no direct reference to the name of the head of the IGF, except “DS” or “Dima”. Meanwhile, at the time in question, the Fund was headed by Dmytro Sennichenko, who in 2019-2020 three times surrendered to the NABU who offered him bribes, including $5 million for the appointment of OPZ director.
As the NABU now claims, the criminal organization led by Sennichenko also included a person close to him (co-organizer), an adviser to the head of the IGF, two acting OPZ director, the acting head of the OGHK, two owners of LLC – the winner of the auction for toll processing at the OPZ and two more individuals.
The report indicates that the OPZ’s acting director and an adviser to the head of the State Property Fund have been detained. Seven persons – the former head of the SPF, a person close to him, the acting director of the OPZ, the acting head of the OGCC, two LLC owners and one individual – were notified of the suspicion in accordance with Article 135, Article 278 of the Code of Criminal Procedure (in writing), while one more person was personally detained.
As reported, the OPZ has been idle since late April 2018. The company called work on give-and-take conditions the only possible option for the resumption of its work in conditions of failed attempts at privatization and accumulated debt for gas to Naftogaz of Ukraine, which exceeds 1.5 billion UAH.
In August 2019, the plant resumed work under the contract signed with Agro Gas Trading LLC (Kiev, “ATG”) under the tolling scheme until December 1, 2019.
In September 2019, Dmitry Sennichenko was appointed head of the GPF instead of Vitaly Trubarov, who reported on December 11 that the updated composition of the new leadership of the GPF board of directors agreed with the davalter to increase the price for processing.
In mid-December, it was announced that the OPZ’s board of directors had agreed to a supplementary agreement with AGT to the tolling agreement for the period from January 1 to April 30, 2020.
At the end of January, 2020 OPZ announced a tender for the selection of a supplier of 50-60 million cubic meters of gas per month on give-and-take terms for the work of the enterprise in May-December the same year. The minimum bid price was $37 per ton of ammonia and $48 per ton of urea (excluding VAT).
At the end of February 2020 First Deputy Director of OPZ Mykola Shchurikov said that the company accepted bids from eight companies to participate in the tender for the selection of a partner for toll processing of gas into mineral fertilizers during May-December 2020: IBE Trade (USA), Basis Trade AG, MADDOX SA (both Switzerland) and Ukrainian Agro Gas Trading LLC, Trading House Socar Ukraine LLC, Tech Prom Gas LLC, Ukrnaftoburnia JSC and Yug Gas LLC.
In early March, Shchurikov said that Ukrnaftoburinnya (UNB), owned by Igor Kolomoysky and Vitaliy Khomutynnyk, offered the best price conditions in the final stage of the tender: $77 for processing a ton of urea and $39.5 for processing ammonia.
On March 10, when the results were officially announced, the OPZ National Assembly cancelled the tender for the selection of the investor. The SPF stated that the reason for the cancellation was “an overpriced, economically unreasonable proposal” by UNB, which, in the opinion of the agency, is unprofitable for the mining company.
The OPF Board of Directors stated that it saw in such actions of the “UNB” owners “an aspiration to gain leverage to manage the plant and take it under their control, which will result in the return of corrupt schemes at the plant, reducing its market value and creating the preconditions for the transfer of the OPF into private hands for next to nothing.
NABU, SENNICHENKO, ОГХК, ОПЗ
The Cabinet of Ministers has appointed Semyon Kryvonos, head of the State Architecture and Urban Planning Inspectorate, as director of the National Anti-Corruption Bureau of Ukraine (NABU).
The decision was made at an extraordinary government meeting on Monday.
In addition to Kryvonos, the meeting considered the candidates Sergei Gupyak and Roman Osypchuk, who were also transferred to the government on the results of the tender.
“Having received all the necessary materials of the selection committee, the government has carefully studied these materials for each candidate and has made a personal acquaintance with each candidate in equal conditions,” said Prime Minister Denis Shmygal.
At the same time he stressed that with the specified appointment Ukraine had fulfilled all seven recommendations put forward when the country received the status of EU candidate as well as fully established anti-corruption infrastructure.
According to government decree No 192 of March 6, Kryvonos was appointed NABU director for a seven-year term.
