Case description
In January 2024, the HACC confiscated unjustified assets worth UAH 2.8 million from Viktor Tkachenko, the head of the Odesa Customs Department.
In 2020, through his mother, Viktor Tkachenko effectively acquired ownership of an apartment measuring 121.5 square meters and two parking spaces in Odesa, with a total value of UAH 2.8 million.
In November 2023, the SAPO filed a lawsuit against Tkachenko, seeking the confiscation of these unjustified assets. During the proceedings, it became clear that Tkachenko’s mother was only a nominal owner: she did not actually reside in the apartment and did not own any vehicles to use the two parking spaces.
Over nearly thirty years, the cumulative income of the 80-year-old pensioner amounted to only UAH 237,000, which would not have been sufficient to purchase these properties. The defendant, Tkachenko, claimed that his mother had received a loan of UAH 2.9 million from an acquaintance shortly before acquiring the real estate.
The court critically assessed these explanations, noting that such a loan agreement had been concluded interest-free, which is not permitted under the law. Moreover, the “loan-for-use” agreement that was signed does not allow the transfer of money as a loan; for this, the parties should have entered into a proper “loan” agreement.
The court therefore established that the transaction was merely a way to legalize the funds spent on the real estate.
Interestingly, prior to this, Tkachenko had dissolved his marriage, apparently in an attempt to shield the property from confiscation.
The HACC ruled to recover UAH 2.8 million for the national budget. That decision was upheld by the appellate court, which generally agreed with the court's findings and only changed the form of recovery of the apartment as an unjustified asset.
The HACC ruled to recover UAH 2.8 million for the state budget. The Odesa customs officer requested this, citing his financial situation and a second-degree disability acquired in 2024.
