The National Police suspect a former contractor of the construction of the metro on Vynohradar of financing the aggressor country

The National Police suspect a former contractor of the construction of the metro on Vynohradar of financing the aggressor country

Capital law enforcement officers continue to investigate how JSC "Kyivmetrobud" constructed and failed to construct the metro to Vynohradar from 2018 to 2023. Within the framework of at least the third criminal proceeding, the National Police once again established that this joint-stock company did not return the 4 billion hryvnias of advance payment to "Kyiv Metro" and siphoned off part of these funds into the shadow economy. At the same time, the investigators put forward a version that these funds might be used to finance the war by the Russian Federation against Ukraine, since, allegedly, the former official owner of the mentioned company, an unnamed Russian businessman (evidently referring to Serhiy Kyyashko), still maintains influence over "Kyivmetrobud". Moreover, he was supposedly removed from the list of shareholders on purpose, so the company would not be included in the sanctions lists ahead of a major war.

As it became known to KV, law enforcement officers are currently investigating new circumstances of possible violations of Ukrainian legislation during the construction of the metro to Vynohradar, which was carried out by the previous contractor of these works - JSC "Kyivmetrobud".

The corresponding investigation is being conducted within the framework of criminal proceeding No. 42021102070000277 dated November 22, 2021, which was opened by the police department in the Kyiv Metropolis of the National Police. The figures in this case are now preliminarily charged with committing crimes under three articles of the Criminal Code (CC) of Ukraine, namely:

• Part 3 of Art. 110-2 - financing acts aimed at forcibly changing or overthrowing the constitutional order or seizing state power, modification of the territory or state border of Ukraine, committed repeatedly or for profit, or by prior conspiracy by a group of persons, or on a large scale, or if they caused significant property damage;
• Part 3 of Art. 191 - appropriation, embezzlement of property or seizing it by abusing official position, committed repeatedly or by prior conspiracy by a group of persons;
• Part 2 of Art. 367 - official negligence that caused serious consequences.

In search of money

Within the framework of this investigation, the investigators established that JSC "Kyivmetrobud" did not return the funds received as an advance for the construction of the section of the Syretsko-Pecherska metro line from the "Syrets" station to the Vynohradar residential area with an electric depot in the Podil district to the municipal enterprise (ME) "Kyiv Metro". And this is despite the fact that the deadline for utilizing these funds expired back in October 2021, the general contractor agreement with this joint-stock company was terminated, and the city subway signed a new contract for the construction of this metro line.

Law enforcement officers note that the company could have handed over certain volumes of work to "Kyiv Metro" for that amount - presumably referring to the 4 billion hryvnias that, as previously reported, the city subway transferred to this joint-stock company. However, according to the investigation, as of November 5, 2021 (it seems this is just the "starting point" for the investigation. - KV), no acts of completed works were signed between ME "Kyiv Metro" and JSC "Kyivmetrobud". At the same time, as became known to the law enforcement officers, the funds received from the metro were used by JSC "Kyivmetrobud" not for their intended purpose and were siphoned off into the shadow economy. In particular - by providing part of these funds to various companies in 2019 as repayable and non-repayable financial assistance.

It was also found by the National Police that in September 2018, the ultimate beneficiary of "Kyivmetrobud" became a Russian businessman unnamed in the court decisions in this case. At the same time, on the eve of Russia’s full-scale invasion of Ukraine, he was removed from the list of shareholders - according to the investigation, this was done "to avoid the inclusion of the joint-stock company in the sanctions lists".

"At the same time, such artificial exclusion [of the Russian businessman] from the list of shareholders of ’Kyivmetrobud’ does not nullify his direct influence on the activities of this JSC. Therefore, there are grounds to believe that the beneficiary of ’Kyivmetrobud’, using its shares and his influence on decision-making in the company, may fund actions by the Russian Federation aimed at forcibly changing or overthrowing the constitutional order for profit. According to the pre-trial investigation body, by directly managing ’Kyivmetrobud’, he fully controls the financial activities of the company and influences the use of funds provided for the construction of the section of the Syretsko-Pecherska metro line from the ’Syrets’ station to the Vynohradar residential area," - it is stated in the "fresh" court rulings on this proceeding.

Screenshot of the court ruling on this investigation from January 16, 2025

On February 23, 2022, law enforcement officers obtained from the Podil District Court of Kyiv a permit to seize a number of documents at the office of JSC "Kyivmetrobud". It concerned, in particular, the original accounting documents related to the cooperation of this company with several business entities - contracts, invoices, invoices, payment orders, acts of completed works, reconciliation acts, waybills, etc. Also, among other things, investigators were allowed to seize computer equipment of "Kyivmetrobud". The basis for this was called the fact that these "documents and things can be used as evidence of involvement in the above-mentioned illegal activities and are significant for investigating this criminal proceeding".

On June 3, 2022, the Podil District Court of Kyiv, at the request of law enforcement officers, imposed an arrest on 100% of the shares of JSC "Kyivmetrobud". Thus, the Ministry of Justice of Ukraine and other state bodies were prohibited from carrying out any registration actions regarding this company. However, on December 26, 2024, the same court lifted this arrest, satisfying the complaint of "Kyivmetrobud" - the company convinced the judges that such restrictions paralyze its work, lead to the violation of the property rights of its shareholders, etc.

But later, on January 16, 2025, the Podil District Court again imposed such an arrest on the shares. Its necessity was explained by the Kyiv prosecutor’s office by the fact that "Kyivmetrobud" "essentially lacks the main assets for conducting financial and economic activities," and the "change of the organizational and legal form of management can occur with the aim of withdrawing the capital of JSC and avoiding the return of the advance payment to ’Kyiv Metro’".

Background

Recall that the tender for constructing the first stage of the Syretsko-Pecherska metro line was announced by ME "Kyiv Metro" at the beginning of 2018. However, at that time, the trades were canceled due to claims by law enforcement officers - among other things, they found out that the bank guarantee of one of the tender participants - PJSC "Kyivmetrobud" (until 2020, this company was a public joint-stock company. - KV) - could have been forged.

However, on the third attempt, ME "Kyiv Metro" was able to determine PJSC "Kyivmetrobud" as the contractor for these works. The corresponding contract between ME "Kyiv Metro" and the mentioned company was signed on November 20, 2018. The agreement stipulated that within this stage of metro construction, two subway stations ("Mostytska" and "Prospekt Pravdy") should be built, a section of the fork branch towards the "Vynohradar" station, as well as an electric depot. As mentioned above, the cost of works under this contract was to amount to 5.9 billion hryvnias (the price was recognized as "dynamic," meaning the parties agreed that this cost could always be changed. - KV).

After three months, in February 2019, preparation of construction sites for this project’s implementation began, and in March 2019, the "active phase of works" started. However, this phase did not last long; later, the construction pace significantly decreased, repeatedly causing dissatisfaction among public activists and Kyiv City Council deputies.

Thus, on February 19, 2020, the city council commission of the previous VIII convocation on transport, communication, and advertising considered information about the state of construction of the metro to Vynohradar. At that time, the deputies learned that the court had imposed an arrest on the contractor’s bank accounts within a criminal proceeding (another one. - KV), and the works themselves were carried out with a significant delay from the schedule. In addition, at that time, the issue regarding the land on which the "Prospekt Pravdy" station was to be built remained unresolved - this was "hampered" by car services, kiosks, and garages that were built there earlier.

In September 2021, the "too slow" construction of the metro to Vynohradar raised concerns among the Kyiv City Council’s "budget" commission. At that time, some members of the commission proposed terminating the contract with the contractor and finding a new company that could implement this project "faster and without scandals." Additionally, the deputies promised to create a special temporary control commission (TCC) to analyze all the problems of this multi-billion project.

Such loud statements by parliamentarians were "provoked" by the fact that JSC "Kyivmetrobud" initiated a court dispute regarding the postponement of the completion of two future stations of this subway line from November 2021 to mid-2023. The subcontractor company explained the necessity for "shifting the deadline" by saying that, among other things, it is impossible to order spare parts for servicing construction equipment from abroad and invite foreign specialists to adjust such equipment under the conditions of the "coronavirus quarantine."

As a result, the contractor for the metro construction to Vynohradar could not achieve new construction deadlines in court. On September 23, 2021, JSC "Kyivmetrobud" won in the court of the first instance, but in June 2022, after ME "Kyiv Metro" initiated the appeal of this court verdict, the company withdrew its lawsuit.

As for the TCC "on the issues of verifying the validity and reasons for changing the construction dates of the Syretsko-Pecherska metro line to the Vynohradar residential area," this idea was never implemented - the draft resolution on creating this commission was not even considered by the Kyiv City Council either.

Meanwhile, the capital’s authorities made it their tradition to regularly promise to "just about launch the metro to Vynohradar." In particular, Kyiv Mayor Vitaliy Klychko repeatedly announced the opening of two new metro stations by the end of 2021 - he declared this both in July 2019 and in January 2020, and in August 2020. Subsequently, the city head somewhat "adjusted" his forecasts - in June 2021, he stated that at least one metro station to Vynohradar should be opened that year. This further raises the question of whether Vitaliy Klychko can "look into tomorrow."

The construction of the metro to Vynohradar has been of interest to law enforcement agencies multiple times. One of the first cases was dated November 5, 2019 - it was opened by the Main Directorate of the Security Service of Ukraine (SSU) in Kyiv and the Kyiv region (proceeding No. 42019000000002358). This investigation was initiated "on the fact of possible embezzlement of budgetary funds during the construction of the metro to Vynohradar on an exceptionally large scale through fraud."

At that time, law enforcement officers established that unknown persons lobbied in the Cabinet of Ministers of Ukraine for the possibility of increasing the prepayment for the specified works to 95% of their cost. Additionally, it became known to the SSU that JSC "Kyivmetrobud" unlawfully transferred funds in the amount of 2.58 billion hryvnias, received from the metro for this project’s implementation, to deposit accounts in the bank.

Meanwhile, within the framework of criminal proceeding No. 42021000000000876 dated April 16, 2021, which was opened by the Main Investigation Department of the National Police of Ukraine, law enforcement officers found out about some other possible violations. Thus, investigators initially found out that about 241 million hryvnias, received by "Kyivmetrobud," were "chained" onto companies showing signs of fictitiousness, and later - converted into cash and distributed among the scheme participants. The investigators concluded that such illegal profit could have been obtained by the officials of ME "Kyiv Metro," which acted as the project implementation customer.

In October 2021, the Kyiv City Prosecutor’s Office applied to the Kyiv Economic Court with a claim for the recovery from JSC "Kyivmetrobud" of funds received as interest for depositing budget money for metro construction. Law enforcement officers were successful in the courts of the first and appellate instances. Currently, the now-former general contractor is appealing such decisions of the judiciary to the Cassation Economic Court.

At the start of the full-scale war that the Russian Federation unleashed in Ukraine, JSC "Kyivmetrobud" informed "Kyiv Metro" about the impossibility of conducting works on this object - the construction of the "metro to Vynohradar" was stopped. At the end of February 2023, the management of ME "Kyiv Metro" announced that the general contractor had resumed the construction work on the metro to Vynohradar. At the same time, the city subway no longer "scattered predictions" and stated that it was impossible to name an exact deadline for completing the works.

However, in November 2023, the contract with "Kyivmetrobud" was terminated at "Kyiv Metro’s" initiative. And in May 2024, the city subway filed a lawsuit regarding the recovery from the ex-contractor of over 2.3 billion hryvnias - penalties and fines for "Kyivmetrobud’s" improper performance of contractual obligations for the metro construction to Vynohradar. However, this case has not been considered on merits yet.

On August 14, 2024, a contract was signed between the city subway and the new general contractor for continuing the construction of the metro line from the "Syrets" station to the Vynohradar residential area. The deal’s value was 13.78 billion hryvnias, but again it is "dynamic," meaning it can be adjusted based on clarification of volumes and prices. According to this agreement, the general contractor must complete the work by the end of 2026.

Subsequently, in November 2024, the parties signed an additional agreement to the mentioned contract, which provided for extending the construction period for the new metro line by four months - until April 30, 2027. Besides, the document foresees a reduction in the budget financing of the works for 2024 by nearly 60 million hryvnias - from 149.55 million to 90 million hryvnias. That same month, the contractor announced the start of work.

Regarding the figures

According to the Youcontrol analytical system, JSC "Kyivmetrobud" (until 2019, a public joint-stock company) was registered in December 1994, although de facto this company was founded back in the 1940s. The current general director of this joint-stock company is Vladlen Kuznyetsov. The owners of large blocks of shares of this JSC are offshore companies "Vantaris Ltd" (Virgin Islands, 22.7%) and "Sun Capital Private Foundation" (Panama, 15%), as well as individuals Anatoliy Vernyhora (23.3%), Serhiy Volkov (23.3%), and Ruslan Tkach (8.3%). The ultimate beneficiary owner of "Kyivmetrobud" is not currently listed in the Youcontrol system.

Some Ukrainian media at the end of 2022 reported that "Kyivmetrobud" may be backed by Vitaliy Khomutynnik (a member of the Ukrainian Parliament of the IV-VIII convocations and businessman) and Pavlo Fuks (a Russian-Ukrainian businessman from Kharkiv). The latter is known as the "owner of the debts of the Kyiv metro" – he is associated with LLC "Austro-Hungarian Leasing Company," to which the capital’s "subway" owed billions of hryvnias for purchasing metro cars under very dubious circumstances. However, there is currently no direct confirmation of Khomutynnik and Fuks’s involvement in the activities of JSC "Kyivmetrobud" in open sources.

At the same time, the list of founders, managers, and co-owners of JSC "Kyivmetrobud" previously included interesting personalities. From 1987 to 2018, its board was chaired by Volodymyr Petrenko – an Honored Builder of Ukraine, Hero of Ukraine, and Honorary Citizen of Kyiv. In 2016-2017, he was an official co-owner of "Kyivmetrobud." Petrenko also has political experience – he was a deputy of the Kyiv City Council from 1987-1994 and 2006-2008.

Alongside Petrenko, from 2016-2020, one of the ultimate beneficiaries of this company was Serhiy Kyyashko – a Russian businessman connected to the metro car construction business. It seems that he’s currently under investigation: despite the fact that the criminal case documents state that he became the owner of "Kyivmetrobud" only in 2018, there were no other Russians among the ultimate beneficiaries of this company. In 2018-2020, the director of JSC "Kyivmetrobud" was Vasyl Kobil – according to the media, he previously worked at enterprises owned by Russian businessman and millionaire Daniel Gupta.

The British "Contemporary Construction Systems LLP" is also interesting, as it owned 23% of the shares of JSC "Kyivmetrobud" from 2018-2021. According to information from the "Nashi Hroshi" publication, this company from the Foggy Albion may have connections to the daughter of Valentyn Nalyvaichenko – former head of the Security Service of Ukraine (in 2006-2010 and 2014-2015) and a member of the Ukrainian Parliament of the VII and IX convocations (elected in the current parliament from the "All-Ukrainian Union "Batkivshchyna").

It’s noteworthy that from March 17, 2024, the Kyiv Metro is headed by Viktor Vyhivskyi. He replaced the notorious Viktor Brahinskyi (pictured left in the collage), who led this enterprise from July 17, 2014, left it after a series of corruption scandals, and is currently wanted. This municipal enterprise is subordinate to the Department of Transport Infrastructure of the Kyiv City State Administration, headed by Ruslan Kandybor since September 1, 2021. The activities of this structure have been personally monitored by the head of the capital, Vitaliy Klychko, since November 9, 2021.