The HACC Appeals Chamber overturned the decision of the HACC to close the case due to the expiration of the pre-trial investigation period against a Ministry of Defense official accused of abuse in the procurement of artillery shells worth 1.5 billion UAH. The appeal made this decision on December 1.
This concerns the proceedings against Ministry of Defense official Oleksandr Nahorskyi, accused of abuse in the procurement of artillery shells, uncovered in December 2023 by the Main Investigation Department of the SBU. According to the investigation, in December 2022, despite having a more favorable contract for the purchase of ammunition from the manufacturer, Nahorskyi extended a contract worth 1.5 billion UAH with another company, overpaying 130 million UAH.
The Specialized Prosecutor's Office in the field of defense initially charged the official with a crime under Part 2 of Article 114-1, and later added Part 2 of Article 364 of the Criminal Code of Ukraine, which is a corruption article.
On September 19, 2025, the HACC closed the case essentially because the pre-trial investigation period was extended by an investigative judge of the Shevchenkivskyi District Court of Kyiv, rather than an investigative judge of the HACC. The case became under HACC's jurisdiction when the qualification was supplemented by the corruption article. However, the SBU investigator applied for an extension of the pre-trial investigation period not to the HACC, but to the local court.
This situation became possible because the Verkhovna Rada has not fully repealed the provisions of the CPC of Ukraine, better known as 'Lozovyi amendments'. Paragraph 10 of Part 1 of Article 284, which obliges the court to close any case (except cases of violence) due to formal expiration of investigation periods, is still in effect.