Case description
The HACC found Anatolii Khmilkivskyi, a member of the Bilhorod-Dnistrovskyi District Council of Odesa Region, guilty of incitement to provide a bribe.
According to the investigation, in 2023, a local entrepreneur decided to lease two land plots with a total area of 4 hectares near a settlement community in Odesa Region for business purposes.
To this end, the entrepreneur sought consultation from Khmilkivskyi, the head of the land commission, who possessed the necessary expertise and connections. Khmilkivskyi discussed the intended business activity on the plots and advised the entrepreneur to register a legal entity. He then stated that, for the settlement council to adopt the required decisions, unlawful benefits would have to be provided to the head of the council and the council members.
Later, the accused reported that leasing the land plots would cost USD 200,000 per plot, plus an additional USD 50,000 for his intermediary services. He proposed a staged transfer of the unlawful benefit: before the second council session, after the third session, and final settlement upon signing the lease agreement.
Initially, Khmilkivskyi allegedly demanded an advance of USD 20,000, but later agreed to USD 10,000. During a subsequent meeting, he stated that an agreement allegedly already existed for the phased transfer of unlawful benefits totaling USD 450,000. In early 2024, the local entrepreneur transferred the first portion of the unlawful benefit for onward delivery to officials.
However, according to the prosecution, Khmilkivskyi never intended to transfer the money to officials and planned to misappropriate it personally. He misled the entrepreneur regarding supposed arrangements with the settlement council, creating the false impression that obtaining the land plots through any lawful means was impossible. As a result, he obtained part of the money as an advance. He was arrested before he could dispose of the funds.
The defense argued that Khmilkivskyi merely consulted the entrepreneur on the land-acquisition procedure, provided a step-by-step action plan, prepared a business plan, legal documents, and project-support agreements. The amount of USD 50,000 was presented as payment for consulting and support services, while the remaining sums allegedly concerned official expenses.
Defense counsel also pointed to the provocative nature of the entrepreneur’s actions, arguing that the entrepreneur himself sought to resolve the issue unlawfully and showed interest in corrupt arrangements involving officials.
The HACC found Khmilkivskyi guilty under Article 369(3) and Article 190(5) of the Criminal Code of Ukraine, namely incitement to provide a bribe and fraud. He was sentenced to five years of imprisonment with confiscation of all his property.
The case is currently under appellate review.
