REGISTER OF DUMPED CASES
REGISTER OF DUMPED CASES
There were high expectations regarding new Specialized Anti-Corruption Prosecutor's Office (SAPO), created after the Revolution of Dignity, of investigating and defending of top-corruption cases in courts.

Instead, SAPO simply started to turn into the second PGO. And its head Nazar Kholodnytskyi has already become a "dear friend" for corrupt politicians.

The Anti-Corruption Action Center has collected cases in which some SAPO prosecutors as well as their chief personally dumped perspective investigations.
THE ROLE OF THE ANTI-CORRUPTION PROSECUTOR
The Specialized Anti-Corruption Prosecutor's Office was founded in December 2015 for procedural guidance over cases investigated by the National Anti-Corruption Bureau and their public prosecution in courts.
DUTIES OF SAPO PROSECUTORS
conduct procedural guidance over all NABU criminal cases
collect evidence in cases together with detectives
give instructions to detectives and control legitimacy of their actions
approve investigative actions (for instance, searches or questionings) and procedural actions (for instance, handing the notices of suspicion or closing the case)
take part in court hearings when choosing preventive measures for subjects of cases and appealing against court decisions
along with investigation may appeal to the court on behalf of the state (for example, in order to cancel the corruption agreement in the court)
send the case for trial after investigation is completed
defend top corruption cases in courts and prove guilt of their subjects before the verdict is passed
From the beginning of criminal proceeding a prosecutor or a group of prosecutors is appointed for each case. Detectives conduct investigation under their guidance.

After the investigation is completed, NABU detective drafts an indictment. It is forwarded to SAPO, where the prosecutor approves it and subsequently forwards it to the court. At this stage, NABU has done its work. Then, it is the prosecutors' case only.

The quality of top-corruption investigations and court decisions as well as whether subjects involved will be brought to accountability depend on prosecutors.
CASES DUMPED BY SAPO
WHAT IS THE SOLUTION?
These facts are enough to ensure that, first, the Prosecutor General Yuriy Lutsenko has to stop covering his subordinate - Anti-Corruption Prosecutor Nazar Kholodnytskyi. He has to sign the notice of suspicion to Kholodnytskyi in the case of "aquarium tape recordings", which, according to the media, is ready since summer 2018 .

The second step is to relaunch the Specialized Anti-Corruption Prosecutor's Office by dismissing its management - Nazar Kholodnytskyi and his deputies, and prosecutors who do not act with integrity. The Verkhovna Rada has to prepare and adopt the Law to relaunch SAPO.

Otherwise, we will see neither real verdicts, nor corrupt officials behind bars, nor return of stolen money.

This register will be regularly updated, and we will continue following the actions of SAPO prosecutors. Should the prosecutors change their behavior in specific proceedings, these cases will be turned inactive on the website.
AVAKOV'S BACKPACKS
In autumn 2014, son of the Minister of Internal Affairs Oleksandr Avakov, along with deputy Minister Serhii Chebotar agree on the corruption scheme in the cabinet of the Ministry.

They decide to procure 5.000 backpacks for the needs of the ATO fighters at expenses of our taxes from the friend of Avakov-junior Volodymyr Lytvyn.
Video from Chebotar's office, where he agrees with Avakov-junior about the scheme of "backpacks"
Two years after the start of investigation, and less than one year after the arrest of Avakov's son and deputy, SAPO prosecutor Vasyl Krychun illegally closes the criminal proceeding against Oleksandr Avakov and Serhii Chebotar.

SAPO changes qualification of the case to ordinary fraud. The only subject of the case remains the middleman - entrepreneur Volodymyr Lytvyn.

Later, deputy head of SAPO Volodymyr Kryvenko concludes doubtful plea deal with Lytvyn. According to its terms, the amount of damage caused in result of the scheme decreased threefold, from 14 million to 4.8 million UAH. The entrepreneur avoids the actual term of imprisonment.

In exchange for this, Lytvyn exposes allegedly his accomplice, a person who died in December 2015. Due to severe oncological illness this person could not physically organize such a crime. Nazar Kholodnytskyi concluded the closure of the case to be legal and refused to resume the investigation. In September 2018, the court approves plea deal with Lytvyn.

The Anti-Corruption Action Center appeals against illegal closure of the case against Avakov-junior and Chebotar, as it is the applicant in this case.

On November 5, 2018 the court "buried" Avakov's backpacks case for good by rejecting AntAC's appeal against its closure.
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APARTMENT BRIBE TO SUPRUN
Video about the bribe in the form of apartment in suburbs of Kyiv (Vyshneve) to acting Minister of Healthcare Ulana Suprun was shown on all channels.

The case is quite simple. Suprun was asked to put expensive equipment into the local hospital and in return she would get a brand new apartment in a new building. This became the ground for opening the criminal proceeding.
Video with the offer of bribe to Ulana Suprun
Scandalous aquarium tape recordings captured how Kholodnytskyi warned the subject of the case - his friend - about plans and tactics of the investigation - searches, questionings. He provided instructions before investigatory actions in the case.
"Aquarium" video from Kholodnytskyi's office, where he instructs one of the subjects Kaftya regarding the case of the bribe to Suprun
As it turned out later, at one time Nazar Kholodnytskyi worked with the Mayor of Vyshneve Ilya Dikov in the law enforcement system of Kyiv-Svyatoshyn district. Later, he even led Dikov's personal case as the prosecutor. In this case, Dikov using his connections, achieved opening of the criminal proceeding against his debtor, where no sign of crime was present.

After videos and tape recordings were released by NABU, SAPO head publicly stated that he did not see grounds for handing the notice of suspicion in this case. This means that the case, with all collected evidence, would be closed.
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FOOTBALL AFFAIRS OF SAPO HEAD
Besides the case of apartment bribe to Suprun, Kholodnytskyi made friends with other subjects of NABU case.

In June 2017, Kholodnytskyi became the Vice-President of the Football Federation of Ukraine. One year later, the Federation appeared in the center of a scandal. In May 2018, "Nashi Groshi with Denys Bigus" informed about manipulations with budget procurements for the production of artificial coatings for football fields by the commercial plant.

The Ministry of Regional Development has listed the requirements for the procurement of artificial grass, which were suitable only for one LLC company in Ukraine. This LLC, which belongs to the organization headed by Pavelko, has opened the plant for the production of artificial coating for football fields.

It is interesting that Pavelko is not only the President of the Football Federation and MP, but also he is the head of Budget Committee of the Verkhovna Rada.
Taking into consideration resonance, NABU started the investigation regarding possible corruption of the Federation during the construction of football fields.

In October, Schemes wrote about the ties between MP Pavelko and Arab offshore, with the help of which million dollars were siphoned off from the Federation's budget.

What are we saying? SAPO head Kholodnytskyi did not resign from the Federation. Moreover, he continues to spend time with the subject of the case, in which the agency he is running does procedural guidance.

Though SAPO head, according to him, formally has reported about the conflict of interests, he still remains to be Federation's leader. Therefore there is a large risk the case may be dumped.
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ELITE REAL ESTATES AND CARS OF GENERAL TKACHUK
In fall 2016, NABU opened criminal proceeding based on results of journalists' investigation about the head of the National Ground Forces Academy Pavlo Tkachuk.

Journalists found undeclared elite houses and Lexus. Tkachuk registered his property on the name of his mother-in-law, 88-year-old pensioner, and did not submit it in the declaration. Moreover, the General received real estate also in very original way.
Video investigation of the program Slidstvo.Info regarding real estates of the General Tkachuk
But instead of figuring out the origin of this money and property that could not definitely afford retired mother-in-law, who died last year, SAPO deputy head Maksym Hryshchuk, simply closed the case.

The ground for closure was lack of information about the origin of funds. That means that SAPO prosecutors believed Tkachuk and his family members who said that their mother-in-law had earned everything herself. And since she died, it can not be proved.

Moreover, prosecutors came to the conclusion that Tkachuk does not use the elite house in which he lives with his family, because as of December 31, 2015 he was not there due to his vacation abroad.

In fact, according to this decision, SAPO prosecutors opened the Pandora's box. Since now any senior official who lives in undeclared house may take off on New Year's vacation and in such a way avoid criminal responsibility, because he allegedly does not reside in the house.

Later, the court approved that the case was illegally closed and forced SAPO to resume investigation.
THE CASE OF KOLOMOISKYI'S UKRAINE INTERNATIONAL AIRLINES
During three years, the Ukraine International Airlines, controlled by Ihor Kolomoiskyi, included in the cost of tickets state fee, which UIA had to pay to the special state fund.

However, NABU detectives figured out that the company forwarded passengers' money to their income. In just 2 years, the UIA "earned" additional 150 million UAH. That means that people were paying fees, which executives of the UIA simply appropriated.

Imagine that one buys products in supermarket, pays tax, included in the cost of the check, and the company does not transfer it to the state, but appropriates it. Moreover, simultaneously the company explains that this tax is illegal and should not be collected. However, since it has already been received, they cannot give it back to all people who have already paid it.

The similar situation is with the UIA. After conducted investigation, NABU prepared three notices of suspicion to the airline management. But Kholodnytskyi blocked their approval. He explained this by the fact that he is waiting for final court decisions in the dispute between the UIA and the state.

The only thing that Kholodnytskyi ignores is that litigation will only decide who had been robbed: the state or passengers. It will not refute the fact of theft.
ILLICIT ENRICHMENT OF SBU OFFICIAL DEMCHYNA
In September 2018, SBU spokesman published statement by the first deputy head of the SBU, Pavlo Demchyna, in which he stated that NABU had prepared the notice of suspicion for him. He called it the crime. Later, information regarding the suspicion was confirmed by NABU. But how Demchyna found out about it? NABU notes that the statement was published right after draft notice of suspicion was submitted to SAPO for approval. Is this the magical coincidence of circumstances?

After that, SAPO went even further. On its Facebook page it published the full text of the notice of suspicion to Demchyna. This is nonsense.
The PGO opened the criminal proceeding upon the fact of information leakage and warning of Demchyna about the notice of suspicion.

NABU investigates Demchyna's possible illicit enrichment.
Video Schemes' investigation about rich life of SBU official Demchyna
In particular, during 1999-2015, Demchyna and his common-law wife* received total income of approximately 2.8 million UAH. At the same time, they spent at least 4.83 million UAH. 4.1 million UAH out of them were spent on cars. Where did this money come from? NABU and SAPO investigate this.
* Demchyna denies that the woman with whom since 2011 he has common life and common children is his wife.
FIRTASH'S PLANT
Firtash's case regarding Zaporizhzhya Titanium Magnesium Combine (ZTMC) has been in courts for more than 2 years already and is a remarkable example of how criminal proceedings, even with 100% evidence base, are buried in this country.

The state owns 51% of ZTMK and 49% belong to Dmytro Firtash through the Cyprus offshore. At one time the oligarch received plant's share because he promised to invest more than 110 million USD in its development. In the end, this money was transferred to offshores instead of plant's modernization.

Moreover, Firtash appointed as the head of the plant his manager Volodymyr Syvak, whom NABU accused of embezzling almost 500 million UAH. Criminal proceeding against him started in September 2015 and was transferred to NABU in June 2016.

Since the end of 2017, the case is being heard in the court. We recorded several decisions of SAPO prosecutors, which prove they were playing into the hands of subjects of the case - both during the course of investigation, as well as the trial.

For example, SAPO prosecutor Olga Yarova surprisingly decided to withdraw her own appeal against the court decision that ruled very soft preventive measure for Syvak. In addition, Yarova refused to appeal to the court on suspending Syvak from office.

Then the prosecutor made a "mistake" in definition of jurisdiction and gifted Firtash's manager about one year. For such a long time the case was lying in the court without consideration. The latter eventually refused to consider it because of prosecutor's "mistake".

In addition, the same SAPO prosecutors delayed obtaining of key evidence in the case - extract from the bank, which confirms siphoning off of almost 500 million UAH by Firtash's manager. This money was intended to be spent on plant's modernization. After our appeal, prosecutors received documents without which it would not be possible to bring Syvak to liability or confiscate his property.

Recently it became known that one of the judges in the case (Ninel Marchenko) was offered a 50,000 USD bribe for passing the acquittal for Syvak. Judge Marchenko is not a head in the judicial panel, therefore it could be suggested the other two judges are possibly biased.
KURCHENKO'S OIL PRODUCTS
In November 2017, the PGO reported on another "unprecedented" confiscation as part of investigation of the "criminal scheme by Serhii Kurchenko". In fact, it turned out to be another soap bubble of Yuriy Lutsenko.

The investigation ended up with conclusion of plea deal with straw men, and not with the beneficiary of the scheme - Kurchenko, who is suspected of using Odesa Oil Refinery Plant to evade taxes in particularly large amounts.

According to plea deal, oil products of Odesa Oil Refinery Plant were allegedly confiscated. However, at the time of decision on confiscation, oil products had already been sold, and money was transferred to accounts of friends of the Narodnyi Front MP Pashynskyi. Following Lutsenko's loud pseudo-confiscation the state actually got a big fat nothing and real threat to pay off money for illegally confiscated plant and oil products.

Such exclusively "paper" confiscation became possible also thanks to efforts of SAPO chief Nazar Kholodnytskyi.

In autumn 2016, NABU, upon Kholodnytskyi's approval, requested from Odesa Police the criminal proceeding regarding Kurchenko's scheme of illegal transshipment of petroleum products.

After studying the case, NABU detectives saw the prospect in it and requested SAPO, their procedural leaders, to determine the investigative jurisdiction for NABU. However, two times detectives received refusals signed by the prosecutor Olga Yarova. In March 2017, she returned the case back to Odesa Police.

At that time, the prospect was to investigate not only Kurchenko's scheme, but also the scheme of embezzlement of material evidence after the arrest, namely petroleum products. Therefore, in January 2017, detectives opened the case regarding theft of petroleum products and 880 million UAH which were received by officials of the SE Ukrtransnaftoprodukt from their sale.

Today, due to the fact that Kholodnytskyi did not allow NABU to investigate the case properly, while the PGO conducted "pseudo-confiscation", we will be forced to pay for oil products stolen from us.
DEAR FRIENDS FROM THE NARODNYI FRONT
The case of backpacks is not the only case in which SAPO officials acted in favor of the Narodnyi Front, removing the son of Arsen Avakov, one of party's leaders, from the attack.

Aquarium tape recordings captured how Kholodnytskyi personally promised to "guarantee security" to MP Georgiy Logvynskyi (Narodnyi Front party), who is the subject of three criminal proceedings.
"Aquarium" video from Kholodnytskyi's office, where he guarantees security to Logvynskyi, the subject of NABU cases
In the first case, Logvynskyi is charged of misappropriation of assets worth 40 million UAH. In the second case, his assistants are suspected of involvement to misappropriation of assets of the Bank Stolytsya. According to investigation, due to their actions, the Deposit Guarantee Fund had not received about 18 million UAH. Another proceeding regards the company Golden Mandarin, which investigators link with Logvynskyi.
From tape recordings it became known that in February 2018 Logvynskyi came to the office of Kholodnytskyi to ask what he was going to do with criminal proceedings. Kholodnytskyi replied that he "had everything under control" and would inform Logvynskyi in advance, when detectives would conduct investigative actions.

Approximately one hour after the meeting, Kholodnytskyi called senior prosecutor Serhii Kozachyna who investigates proceedings. Kozachyna said he was about to hand the notices of suspicion to Logvynskyi of committing corruption crimes.

Kholodnytskyi responded that the case "has a political moment", so it should be either postponed indefinitely, or closed at all. As of now, the case is being investigated. The appeal to the Parliament on lifting MP's immunity was not submitted. We will follow it.
STOLEN BONUSES ON MEDICAL DAY
In summer 2016, NABU detectives started investigation of the corruption scheme at the State Sanitary and Epidemiological Service and almost immediately detained the head of Service Svyatoslav Protas. He was handed the notice of suspicion of receiving the bribe.

The group of officials led by Protas developed the scheme of embezzlement large amount of budget funds.

Protas allegedly issued double bonuses on Medical Day to heads of the territorial bodies of the State Sanitary and Epidemiological Service. Then he demanded to return half of bonuses to him.
Video, where Protas offers to medical workers the scheme with bonuses
Later, the well-known SAPO prosecutor Vasyl Krychun closed the case allegedly due to absence of crime components.

Detectives appealed this decision to Kholodnytskyi. However, it has not been changed.
THE CASE AGAINST FORMER NACP HEAD KORCHAK
The scandalous former head of the National Agency for Corruption Prevention, which was supposed to verify officials' declaration, herself did not submit the car and parking lot in Kyiv in her declaration.

NABU detectives started this case thanks to journalists' materials. Also, they collected almost all evidence to hand the notice of suspicion to Natalia Korchak.

The prosecutor came to Kholodnytskyi to agree detectives' access to things and documents.
"Aquarium" video from Kholodnytskyi's office, where he gives instructions to prosecutors regarding the case against Korchak
Kholodnytskyi intervened in prosecutor's work on this case and instructed him not to approve final investigative actions of NABU. This blocked the investigation.

Later, SAPO officially refused to hand the notice of suspicion to Korchak, stating that the case was incomplete.
THE CASE OF ISAAKIAN
Back in 1998, two state institutions concluded the agreement, according to which the first State Innovation Financial-Credit Institution (SIFCI) had to provide to the second state entreprise Antonov a loan worth 21 million UAH for the development of aircraft. SE Antonov received only 16 million UAH, but did not return them.
In 2015, the then head of SIFCI Arsen Isaakian sold the right to claim this debt to the private company for just 1.5 million UAH. Today, the SE Antonov owes money not to the other government institution, but to the private collecting company.

State damage due to doubtful deal is 14.5 million UAH. This was the ground for NABU to start the investigation in December 2015.
In September 2018, prosecutor Vasyl Krychun wanted to conclude plea scheme with Isaakian. According to it, person responsible for doubtful deal, due to which we had lost 14.5 million UAH, instead of 6 years of imprisonment would have to pay fine worth 17.000 UAH.

Moreover, if court approves such a deal, the private company will be able to claim the debt from SE Antonov.
BLACK LEDGER OF OKHENDOVSKYI
Former head of the Central Elections Commission Mykhaylo Okhendovskyi in December 2016 received the notice of suspicion regarding obtaining illegally money from the "black ledger" of the Party of Regions, namely 160.000 USD.
In March 2017, Nazar Kholodnytskyi stated that he was ready to send the case for trial.
Okhendovskyi's signature in the "black ledger" of the Party of Regions
However, he simultaneously forced NABU detectives to send requests to other countries to find out whether Okhendovskyi spent abroad bribes, which he had received from the Party of Regions.

In three months, Kholodnytskyi changed his mind to send the case to the court and suspended the investigation.

This allowed Okhendovskyi's attorneys to appeal to the court. The latter obliged prosecutors either to close the case or send it to the court. Currently, prosecutors appeal against this decision.
"GREEN TARIFF" FOR MEMBERS OF THE OPPOSITION BLOC WORTH 300 MILLION UAH
The enterprise Tokmak Solar Energy, which is controlled by local Members of Parliament in Zaporizhzhya oblast from the Opposition Bloc Ruslan Bozhko and Oleksandr Repkin, sold electricity to the state enterprise Energorynok at the overestimated price. According to NABU detectives, embezzlement using this scheme reaches 300 million UAH which belong to taxpayers.

According to investigation, Tokmak Solar Energy received the "green tariff" by filing forged documents on putting into service not yet constructed areas. This is about the third stage of the solar power station with the capacity of 6 MW*/h.

The essence of the "green tariff" is that the state deliberately buys electricity from renewable sources at high prices. This is done to encourage development of green energy.

In November 2018, the National Commission for State Regulation of Energy and Public Utilities (National Regulator) made the decision to conduct the unscheduled inspection of the enterprise according to NABU statement.

We should stress that this is about embezzlement of 300 million UAH, which means that the case is in the jurisdiction of NABU and SAPO.

However, Kholodnytskyi's prosecutors for some reason decided to transfer the case to the National Police. They violated requirements of the jurisdiction classified under the Article 216 of the Criminal Procedure Code. Detectives filed the appeal against this prosecutor's decision to SAPO head Kholodnytskyi.

Such prosecutors' decision plays into the hands of subjects of the investigation, because there is high risk that the case "will be buried" in the Police. Moreover, it became known from the Register of Court Decisions about the appeal of NABU against Tokmak Solar Energy in the framework of proceeding. However, subjects of the case will be able to use the decision of SAPO prosecutors and demand leaving NABU's appeals without consideration in the economic process.

According to the information on the National Regulator's website, the tariff is set by 2030 for the enterprise. If we do not stop the embezzlement, the damage to the state will exceed 1 billion UAH by that time, taking into account information about the overestimated tariff.
WHAT IS THE SOLUTION?
These facts are enough to ensure that, first, the Prosecutor General Yuriy Lutsenko has to stop covering his subordinate - Anti-Corruption Prosecutor Nazar Kholodnytskyi. He has to sign the notice of suspicion to Kholodnytskyi in the case of "aquarium tape recordings", which, according to the media, is ready since summer 2018 .

The second step is to relaunch the Specialized Anti-Corruption Prosecutor's Office by dismissing its management - Nazar Kholodnytskyi and his deputies, and prosecutors who do not act with integrity. The Verkhovna Rada has to prepare and adopt the Law to relaunch the SAPO.

Otherwise, we will see neither real verdicts, nor corrupt officials behind bars, nor return of stolen money.

This register will be regularly updated, and we will continue following the actions of SAPO prosecutors. Should the prosecutors change their behavior in specific proceedings, these cases will be turned inactive on the website.
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