We managed to prosecute the director of the company, which has appropriated for military coal cost 9 million

Львівська область, 15.12.2015 Центр Протидії Корупції – громадська організація, яка об’єднує експертів з юридичного, медійного та громадсько-політичного секторів.
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Пиляють ~ 20 190 000 грн

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The “Anticorruption Action Center” succeeded in bringing the director of OP “ZVZ” for prosecution because of embezzlement and misappropriation of military coal in the amount of 8.82 million UAH. The court also ordered the director of the company to pay a 255,000 UAH fine, reported “Our Money Lviv”. We also succeeded in the dismissal of the auditor, who inappropriately analyzed the documents of this deal.

The purchase, which “ZVZ” won without competition, received a contract for the supply of 16,970 tons of coal gas worth 20 million UAH. The Center Team appealed to the Military Prosecutor’s Office in Ukraine’s Western Region. There, in violation of criminal proceedings, they announced the coal that was delivered was of poor quality. In addition, against the officials, Ltd. “ZVZ” violated proceedings by misappropriation of public funds. These two violations joined, after which the case was transferred to the DFS Investigative Department in the Lviv region.

We also challenged this purchase to the State Financial Inspection. However, the State Financial Inspectors in Lviv region did not find any violations and that the candidate that won the bid, won unopposed. We also contacted the Ministry of Defense concerning this, but the audit violations during the deal have not been found.

As a result of the fraud case concerning the military coal, the case was sent to the Railway court of Lviv. During the trial, the director of “ZVZ” pleaded guilty to the “misappropriation and embezzlement of entrusted coal material to storage in the amount of 8.82 million UAH, that was to be used to improve his material position.

The suspect was sentenced to 5 years of prison and ordered to pay a fine of 255,000 UAH and property confiscation. However, under Art. 75 and 77 of the Criminal Code of Ukraine the judge changed the sentence from imprisonment and confiscation to 2 years probation without confiscation. According to “Our Money”, the director of Ltd. “ZVZ” was Vasyl Botsko.

BOTTOM LINE:

The fact is that the deal for the supply of coal, which was purchased by the Western region apartment-operational department of the Ministry of Defense of Ukraine in November 2014, Ltd. “ZVZ”, was already in negotiation procedure. In fact, the Ministry of Defense purchased a part for 20.19 without a compelling reason. All together there was 16,970 tons of coal.

In December of 2014, the military paid 100% of the cost for the coal. On December 18th, “ZVZ” gave the army 3.5 thousand tons more coal, for 4.2 million UAH. The remaining coal was transferred to “ZVZ” for storage. In January of 2015, the military discovered the discrepancy in the quantity and quality of coal. There was not enough coal to the 2.3 million UAH spent (1925 tons). In addition, the coal was of poor  quality, so the cost was overestimated by 6.5 million UAH that was specified in the contract.

In addition, from September to December of 2014, the director of “ZVZ” evaded tax payments on the amount of 3.2 million UAH.  According to the online edition of “Our Money”, the “ZVZ” company was previously involved in a scandalous business deal.

LEGAL ASPECTS OF THE CASE:

Given the above facts, we, along with lawmaker Yegor Sobolev:

  1. Challenged this purchase to First Deputy Military Prosecutor of the Western region of Ukraine, Paramonov, E.V., by letter dated 01.29.2015 reported to the Chernovograd MV Interior Ministry of Ukraine in the Lviv region that an inspection was conducted on the information of fraudulent officials during the delivery of poor coal by Ltd. “ZVZ”. Acting military prosecutor of Western Ukraine region, Paramonov, E.V. , in a letter date 27.02.2015, directed the criminal proceedings to the Interior Ministry of Ukraine in the Lviv region, Sokal R.V.
  2. We asked about the progress of the preliminary investigation. The Head of the Ministry of Internal Affairs in the Lviv region, D.D.  Zagariya stated that Sokal R.V. of the Interior Ministry of Ukraine in the Lviv region conducted preliminary investigations of criminal  proceedings №4201514040000017 on 02.26.2015, initiated the facts of the fraudulent officers of Ltd. “ZVZ” (part 3 of Article 190 of the Criminal Code of Ukraine) and №1201514031000127 on 02.02.2015 on the facts of misappropriation of public funds by officials of Ltd. “ZVZ” (part 3 of Article 191 of the Criminal Code of Ukraine). On 18.05.2015 the Prosecutor merged the two criminal proceedings into one – №4201514040000017 from 26.02.2015 and charged the SU GU DFS Ukraine in Lviv region.
  3. Challenged this purchase to the head of the State Financial Inspection of Ukraine, Gordienko M.G. The acting Head, Dyba, M.I.,stated that the State Financial Inspection in the Lviv region was charged with taking steps to review our appeal. The analysis of the documents by the SFI in Lviv, do not show any violations of the election and negotiating of the deal. A quality-control check will be made during the next control measure of the western territorial apartment-operational management of the Defense of Ukraine. We appealed to the SFI because we did not agree with its results.
  4. Challenged this purchase to the Minister of Defense of Ukraine, Poltorak S.T. in a letter dated 13.02.2015 that stated that by order of the Ministry of Defense of Ukraine on 27.01.2015, №39 an internal investigation was conducted regarding the purchase of coal in 2014. According to the official results, on 02.03.2015 the poor quality coal was replaced by quality coal by Ltd. “ZVZ” in the amount of 745,000 tons. However, violations of the election and the negotiation procedure by the Ministry of Defense deal have not been established. Sent additional information surrounding the circumstances of the case to the Minister of Defense of Ukraine, Poltorak S.T., who explained that the violations of the coal deal in 2014 haven’t been put into place. The minister did not respond to the facts stated in the appeal regarding problems with the supply, the provision of low-quality coal and the long trials in exchange for full payment of coal.
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