Case description
The HACC approved plea agreements with former Inkomm Director Dmytro Tsivun and his deputy Nadiia Bohdan. They facilitated a procurement transaction at inflated prices, which caused SE Ukrzaliznychpostach to suffer more than UAH 20 million in losses.
According to the investigation, from June to December 2014, as part of the public procurement procedure for Ukrzaliznychpostach, a scheme was implemented with the aim of diverting budget funds through privately controlled companies. The case involves the coordinated actions of several individuals who abused their official positions to secure the conclusion of a contract with a company linked to the beneficiary of the group.
Tsivun and Bohdan, in collusion with the deputy director of the state enterprise Ukrzaliznychpostach and Hordiieva, former head of the tender committee at Ukrzaliznychpostach, issued instructions to other individuals and facilitated the conclusion of a supply contract for hardware products.
The essence of the abuse was that officials of the state enterprise knowingly facilitated the victory of Inkomm LLC in a tender for the supply of hardware products. It is known that the price of the goods was inflated, yet the tender was accepted, and as a result, a supply contract was signed. This contract led to an overpayment by the state enterprise of more than UAH 21 million, which constitutes serious damage to the state.
After that, Tsivun and Bohdan legalized the funds they received. The participants in the scheme orchestrated financial transactions intended to create the illusion of lawful use of the funds. In particular, Inkomm LLC conducted two bank transactions under the guise of payments for consulting services based on a fictitious agreement with the affiliated Luxven LLC. These transactions were structured to conceal the true origin of the funds and enable their use in the further business activities of companies controlled by the scheme’s beneficiary. The total amount of these transactions was UAH 21.47 million, corresponding to the full sum received from the state budget.
The actions of Tsivun and Bohdan were classified under Article 364(2) and Article 209(3) of the Criminal Code of Ukraine. The defendants concluded plea agreements and partially reimbursed UAH 9.9 million and UAH 772,000, respectively. The HACC imposed a 13-month probationary period on them.
In addition, the HACC acquitted Iryna Hordiieva, former head of a department within a subsidiary of Ukrzaliznytsia, due to insufficient evidence of her guilt. Her actions had previously been classified under Article 191(5) of the Criminal Code of Ukraine.
The court found that there was insufficient evidence to establish the defendant’s guilt. The testimony of the witness, which was central to the prosecution's case, was called into question due to the circumstances under which it was given, as well as the fact that the witness had entered into a plea agreement. Moreover, the court found no other evidence confirming Hordiieva’s intent or involvement in the crime. As for the alleged property damage cited by the prosecution, the court did not consider it proven.
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