The pre-trial investigation in the case of the embezzlement and legalization of over UAH 54 million in state funds, known as the "Golden Mandarin" case, has been completed, UNN reports with reference to the SAPO.
The SAPO prosecutor decided to complete the pre-trial investigation in the case of the embezzlement and legalization of over UAH 54.179 million from the state budget. On the prosecutor's instructions, NABU detectives opened the case materials to the defense for review.
Details
According to the SAPO, within the framework of the pre-trial investigation, it was established that the MP, during 2013-2016, developed and implemented a criminal scheme to embezzle state budget funds by misleading the European Court of Human Rights (ECHR) regarding disputed legal relations between a company controlled by other accomplices – LLC "Zolotoy Mandarin Oil" – and PJSC "Kyivenergo".
In September 2013, a representative of LLC "Zolotoy Mandarin Oil", at the instruction of the suspect, filed an application with the ECHR for the recovery of UAH 54.179 million from the state budget due to the alleged prolonged non-execution of a court decision regarding Kyivenergo's debt, while Kyivenergo was 75% owned by private individuals.
The applicant company did not apply to the state enforcement service, and the execution of the court decision was deferred.
Subsequently, according to the investigation, the former MP reached an agreement with the leadership of the Ministry of Justice of Ukraine. With their assistance, the Government Agent before the ECHR prepared a declaration of friendly settlement, which effectively recognized the state's responsibility in a dispute between two private companies.
Based on this declaration, UAH 54.179 million was transferred from the state budget to LLC "Zolotoy Mandarin Oil", and subsequently, these funds were legalized through conversion centers.
It also turned out that at the time of applying to the ECHR, the director of LLC "Zolotoy Mandarin Oil" had already been accused of financial fraud, and all the company's property and accounts were seized to ensure the fulfillment of obligations for debts to the state JSC "Rodovid Bank" totaling over UAH 70 million. To prevent the collection of funds received from the state budget in favor of the state bank, the accomplices, based on forged documents, renewed the term for appealing the court decision through the court 5 years after its adoption, the SAPO added.
In January 2020, the SAPO and NABU notified six participants of the scheme of suspicion, and in July 2023, its organizer, a former people's deputy.
The notice of suspicion became possible after the termination of his immunity, which he had as a relative of an ECHR judge. Since the former MP left the territory of Ukraine, he was notified of suspicion in the manner prescribed by the Criminal Procedure Code of Ukraine. NABU detectives opened the case materials to the defense for review.
The actions of the suspects are qualified under Part 5 of Article 191, Part 3 of Article 209, Part 4 of Article 358, Part 3 of Article 382, Part 1 of Article 387 of the Criminal Code of Ukraine. According to Part 1 of Article 62 of the Constitution of Ukraine, a person is considered innocent of committing a crime and cannot be subjected to criminal punishment until his guilt is proven in a legal manner and established by a court's guilty verdict.
Recall
NABU is searching for former MP Heorhiy Lohvinskyi, suspected of organizing the embezzlement of over UAH 54 million through the company "Zolotoy Mandarin Oil". The former MP left the territory of Ukraine shortly before the termination of his immunity as a relative of an ECHR judge.