What was NABU doing in Cherkasy region: key cases and verdicts

What was NABU doing in Cherkasy region: key cases and verdicts

Events surrounding the National Anti-Corruption Bureau in Ukraine in recent days have become a key topic of discussion and interest among Ukrainians and those following the processes in Ukraine. While the authorities who orchestrated this crisis are deciding how to find a balance among the “society’s demand,” the requirements of European partners and donors, and their own interests, “18000” tells the stories investigated by NABU in the Cherkasy region and their outcomes.

Before starting the publication, it is worth noting that not all local politicians and officials fall under the jurisdiction of NABU and the Specialized Anti-Corruption Prosecutor’s Office. This primarily concerns judges, management of state enterprises registered in the region, as well as the regional leadership, deputies of the Cherkasy Regional Council, and the mayor of Cherkasy. Thus, from the entire mass of officials and politicians, it is a few hundred people. In certain cases, NABU may investigate cases involving other individuals, but this requires a decision from a procedural supervisor (prosecutor) or an investigating judge. 

The case of Kryuchkov, Kuzminska, and “Cherkasyoblenergo”

In 2017-2018, a series of protests by the workforce of the regional energy giant “Cherkasyoblenergo” took place in Cherkasy. The reason was unusual for a company with such financial resources and capabilities – wage arrears. This was due to the peculiarities of the economic activities of the company’s previous top management, namely Svitlana Kuzminska and businessman Dmytro Kryuchkov.

Svitlana Kuzminska

The matter involved the withdrawal of hundreds of millions of hryvnias to the accounts of private front companies affiliated with Kryuchkov. As a result, “Cherkasyoblenergo,” which is essentially a state enterprise, but was controlled by various political-business groups, found itself on the brink of actual bankruptcy with corresponding consequences for the entire region. The situation was resolved at the time through a change in management and support from the state. 

Dmytro Kryuchkov

Kryuchkov and Kuzminska became “clients” of NABU and SAPO. As a result of the case review in the High Anti-Corruption Court, Svitlana Kuzminska was sentenced to 8 years in prison. Meanwhile, her accomplice Dmytro Kryuchkov, who also received a 15-year prison sentence, managed to flee Ukraine and is currently wanted.

The case of Judge Ponomarenko

In August 2018, then-judge of the Cherkasy Regional Court of Appeals Volodymyr Ponomarenko received a 30,000 UAH bribe from a local resident for influencing the judges of the Sosnivskyi District Court of Cherkasy. The bribe was meant to allow a driver caught under the influence to keep their license. Initially, local law enforcement investigated the case, but in 2019, it was transferred to Kyiv to the High Anti-Corruption Court. 

In 2021, initially, the trial court, and later, the appellate court confirmed a punishment for the Cherkasy judge of 2 years of imprisonment and sent him to jail. However, during a review of the case in the High Court, a number of procedural discrepancies were found, which were overlooked during the investigation by the Cherkasy law enforcement. Ultimately, the court overturned the sentence and released the convicted judge from prison.

The case of lawyer Bilyk

In 2018, then-judge of the Holosiivskyi District Court of Kyiv Andriy Novak was hearing a case based on a claim by citizen Mishkov. After the hearing, Mishkov found contact details of lawyer Oleksandr Bilyk, who once served as a judge in the same court. Bilyk was essentially a mediator in the subsequent transfer of part of the bribe that he requested from Mishkov for a favorable court decision on his claim. Novak and Bilyk received a total of 8,000 USD from Mishkov. After receiving the bribe, both individuals were detained. Following the case review in the High Anti-Corruption Court, both were sentenced to real imprisonment terms of 7 and 7.5 years.

The convicted ex-judge and at the time of the crime, a lawyer, Oleksandr Bilyk, is the son of a prominent businessman in Cherkasy, Volodymyr Bilyk, who for some time was a member of the Cherkasy City Council executive committee. 

The case of Judge Babenko

The suspect in this case is the former head of the Cherkasy Court of Appeals Oleksandr Babenko. Back in 2008-2009, according to the investigation, he committed actions aimed at transferring court premises he headed into private ownership. However, Babenko was unable to execute this plan then.

Oleksandr Babenko

He is now charged with attempting to embezzle 15 million hryvnias. Babenko is wanted internationally, having been declared by NABU in 2022. The pre-trial investigation into this case was handled for a long time by other investigators from other agencies. 

The case of fuel coupons

In 2016, a high-profile detention occurred in Cherkasy. At the time, while allegedly receiving a bribe for allocating a land plot, the then village head of the village of Svydivok, Svitlana Vovk, and her alleged accomplice Mykola Ladan were detained. However, these events were not the subject of interest for NABU detectives and Specialized Anti-Corruption Infrastructure employees.

During a search at Vovk’s residence, prosecutor of the General Prosecutor’s Office Oleksiy Alfimov allegedly appropriated 22 fuel scratch cards belonging to the Svydivok Village Council. Part of these coupons was supposedly used by the prosecutor at a gas station on the way to Kyiv after the search. The investigation established these events, but the court did not agree with the legal qualification of the alleged crime on the part of the ex-prosecutor, namely that he committed misappropriation or embezzlement.

According to the court, signs of theft or robbery were seen in the actions of the law enforcer, and accordingly, the jurisdiction under which this case should be considered might have been violated. Additionally, other procedural violations were identified, which allowed for Alfimov’s acquittal and the case against him to be closed. Interestingly, it was Svitlana Vovk herself who reported the disappearance of the coupons and filed a complaint with NABU about it.  

The case of Cherkasy airport

At the end of 2019 - early 2020, there were searches conducted among top officials and entrepreneurs of Cherkasy, initiated by NABU detectives in a case regarding the alleged misappropriation of funds allocated for the reconstruction of Cherkasy airport. It involved projects implemented by the local administration during the presidency of Petro Poroshenko. Its representatives were searched by detectives after the election of the new president, Volodymyr Zelenskyy, and the appointment of new officials in the Cherkasy Regional State Administration. 

The case was investigated for a long time. However, it was not done by NABU detectives, but by local Cherkasy police, to whom it was transferred according to jurisdiction. The last ruling in the case dates back to September 2023 and concerns the lifting of the property arrest. No court rulings have been issued since. 

The case of Zolotonosha water utility

In 2016, Cherkasy law enforcement opened a criminal case regarding the alleged embezzlement of funds during the reconstruction of a collector in the city of Zolotonosha. Investigators found substantial embezzlement, as confirmed by corresponding expert assessments. Employees of the National Anti-Corruption Bureau, together with prosecutors of the Specialized Anti-Corruption Prosecutor’s Office, took on further investigation of this case, and they accompany it in court after a group of persons, including the head of the Zolotonosha water utility, Serhiy Kuznyetsov, found themselves on trial. 

Currently, the hearing of the case continues in the High Anti-Corruption Court, though the last ruling in it was issued in 2023. 

It should be noted that the former mayor of Zolotonosha, Vitaliy Voytsekhivskyi, who managed the city during the attempt to implement the respective infrastructure project, is now a Member of the Ukrainian Parliament and voted for the scandalous draft law aimed at undermining the independence of NABU and SAPO.

The case of Hrekov

Anton Hrekov. Photo: “Pro vse”

In April 2024, in the center of Cherkasy, a prominent prosecutor of the Cherkasy Regional Prosecutor’s Office Anton Hrekov was detained. He is charged with demanding bribes from Cherkasy businessmen for closing several criminal cases. Hrekov’s arrest was carried out by representatives of the State Bureau of Investigation under the guidance of prosecutors from the Prosecutor General’s Office. Later, the case against Hrekov was transferred to NABU, which investigated additional episodes of possibly illegal activities by Hrekov. The case against Hrekov has now been forwarded to the court. 

The case of deputy Bratanich

At the end of 2021, NABU initiated a criminal case regarding the alleged failure to declare actual assets and income by the deputy of the Cherkasy Regional Council from the party “Cherkashchany” Volodymyr Bratanich. It should be noted that, according to current legislation, regional council deputies are “under the jurisdiction” of NABU. Whereas, cases against deputies of most local councils, including Cherkasy, for possible illicit enrichment or inaccurate declarations, should be investigated by local law enforcement, including the police. That’s why Bratanich’s case was investigated by NABU detectives, and then it was heard in the High Anti-Corruption Court.

The deputy was accused of not indicating in his annual declaration for 2020 information about his share of ownership in a farming enterprise. However, prosecuting Bratanich was not successful. In 2023, the court closed the case against him, as the statute of limitations had expired. 

The case of Polyakov

One of the loudest cases of NABU in its early years was the so-called “Amber case.” It is commonly associated with the then-MP Boryslav Rozenblat. However, there was another figure in it, specifically the Cherkasy ex-MP Maksym Polyakov. Like Rozenblat, NABU detectives accused him of receiving a bribe for allegedly introducing necessary amendments to a draft law related to amber extraction.

Despite the case starting back in 2017, only in 2023 did the HACC begin the actual trial of the charges in court. This trial continues and further demonstrates NABU’s dependency on implementing the principles of the inevitability of punishment, which should include a continuous judicial process.

Meanwhile, the parties to the process, primarily the defence side, sometimes misuse their procedural rights to drag court processes out for years. This can also explain why NABU detectives and SAPO prosecutors are so “fond” of making deals with defendants that involve less severe punishment, but still punishment. Nonetheless, the realization and provision of basic principles of justice have to work in all its aspects, rather than ignoring issues until they become one of the catalysts for mass social protests. 

Source: “18000”