The Case of the Misappropriation of UAH 6 million from State Enterprise Volyntorf

The Case of the Misappropriation of UAH 6 million from State Enterprise Volyntorf
Start of the trial 8 April 2024
Instance HACC
Stage of criminal proceedings Judicial proceedings

The NABU and the SAPO charge Serhii Holoiukh, former director of State Enterprise Volyntorf, and Oleksandr Shevtsov, former director of Prom-Gaz-Invest LLC, with the misappropriation of almost UAH 6 million.

According to the investigation, Holoiukh, as director of Volyntorf SE, and Shevtsov, as director of Prom-Gaz-Invest LLC, concluded three contracts to purchase securities using the state enterprise's funds.

Serhii Holoiukh. Photo credit: Volynska Hazeta
Serhii Holoiukh. Photo credit: Volynska Hazeta

Specifically, the state enterprise purchased from the asset management company Prime Time LLC 12 investment certificates of the Global Capital closed-end non-diversified venture mutual investment fund, with a total value of over UAH 6 million, though it actually paid around UAH 5.57 million for them. The transactions were concluded with the participation of the Skhid-Invest Stock Agency PrJSC, which acted on the basis of agency agreements.

Soon after the purchase — in December 2013, as well as in January and February 2014 — these same securities were resold to another company, Prom-Gaz-Invest LLC, for approximately the same sum, that is, over UAH 6 million. Formally, this transaction created the appearance of business activity, but, as an unscheduled audit showed, no funds actually arrived from the buyer into Volyntorf's accounts. In this way, the enterprise lost both the money and the acquired assets.

The subsequent course of events only confirmed the fictitious nature of the transactions: Prom-Gaz-Invest LLC later changed its name to Seterus LLC, and by the end of 2014 the Commercial Court of Rivne Region had opened bankruptcy proceedings against it. The company was subsequently declared bankrupt and liquidated, which made any return of funds to the state enterprise impossible.

The results of the audit of Volyntorf's financial and economic activity, as well as the conclusions of a forensic economic examination, confirmed that the transactions described had caused the enterprise losses of over UAH 6 million. At the time, Volyntorf SE was part of the State Concern Ukrtorf and fell within the remit of the Ministry of Energy and Coal Industry of Ukraine. It therefore concerns damage to state interests.

The investigation believes that the key element of the scheme was the use of interconnected business entities — on the side of both the seller and the buyer of the securities, as well as the issuer of the investment certificates.

This allowed the participants in the deal to control the movement of the assets and create the appearance of genuine financial transactions. However, they knew for certain that the assets of the Global Capital fund were unprofitable and had no real investment value.

The defendants' actions were classified under Article 191(5) and Article 366(1) of the Criminal Code of Ukraine.

Proceeding No. 12014030160000065
Case No. 991/2795/24
Date the hearing was scheduled 08/04/2024
Subjects
  • Business
  • Head of a state or municipal enterprise/institution
Qualification
Article 191, part 5, Article 191, part 2, Article 366, part 1
Pre-trial cases №
  • 991/7453/23
  • 991/5813/23
  • 991/6302/23
  • 991/6784/23
  • 991/6783/23
  • 991/6782/23
  • 991/5814/23
  • 991/6299/23
  • 991/6881/23
  • 991/5520/23
  • 991/5517/23
  • 991/5521/23
  • 991/5516/23
  • 991/5519/23
  • 991/5518/23
  • 991/1525/23
  • 991/3540/22
  • 991/2840/22
  • 991/2842/22
  • 991/2841/22
  • 991/2171/22
  • 991/7462/21
  • 991/7464/21
  • 991/7356/21
  • 991/7354/21
Instance Key parties
HACC 08/04/2024 Panel of judges: Salandiak O.Ya.
THE CASE OF SERHII HOLOIUKH
Judicial proceedings

According to the investigation, Serhii Holoiukh, former director of State Enterprise Volyntorf, and Oleksandr Shevtsov, former director of Prom-Gaz-Invest LLC, misappropriated almost UAH 6 million of this state enterprise's funds by using the enterprise's money to purchase investment certificates of a fund that subsequently went bankrupt.

Article 191(5) and Article 366(1) of the Criminal Code of Ukraine

  • pic
    December 2013 – February 2014
    The defendants concluded contracts to purchase the investment certificates
  • February 26, 2014
    The pretrial investigation was launched
  • pic
    June 30, 2023
    The NABU served notices of suspicion on Holoiukh and Shevtsov
  • pic
    July 17, 2023
    The HACC set bail for Holoiukh at UAH 402,600
  • pic
    July 19, 2023
    The HACC set bail for Shevtsov at UAH 214,700
  • September 22, 2023
    The pretrial investigation was completed
  • pic
    April 4, 2024
    The case was referred to court
  • August 5, 2024
    The case was scheduled for consideration on the merits

Decisions from the Register

Case No. Court Decision type
991/2795/24 HACC 18/06/2026
991/2795/24 HACC 29/05/2026
991/2795/24 HACC 18/05/2026
991/2795/24 HACC 18/05/2026
991/2795/24 HACC 14/05/2026
991/2795/24 HACC 02/04/2026
991/2795/24 HACC AC 13/03/2026
991/2795/24 HACC AC 13/03/2026
991/2795/24 HACC 05/03/2026
991/2795/24 HACC 02/03/2026
991/2795/24 HACC 11/02/2026
991/2795/24 HACC 11/02/2026
991/2795/24 HACC 05/02/2026
991/2795/24 HACC 20/01/2026
991/2795/24 HACC 08/01/2026
991/2795/24 HACC 08/01/2026
991/2795/24 HACC 16/12/2025
991/2795/24 HACC 01/11/2024 Decision on temporary access
991/2795/24 HACC 01/11/2024 Decision on temporary access
991/2795/24 HACC 05/08/2024 On the appointment of a trial
991/2795/24 HACC 05/08/2024 On the appointment of a trial
991/2795/24 HACC 13/06/2024
991/2795/24 HACC 13/06/2024
991/2795/24 HACC 27/05/2024
991/2795/24 HACC 27/05/2024
991/2795/24 HACC 24/04/2024
991/2795/24 HACC 22/04/2024
991/2795/24 HACC 08/04/2024 On the appointment of a preparatory court hearing
991/7453/23 HACC 29/08/2023
991/7453/23 HACC 29/08/2023
991/5813/23 HACC 29/08/2023
991/5813/23 HACC 29/08/2023
991/6302/23 HACC AC 18/08/2023
991/6302/23 HACC AC 18/08/2023
991/6302/23 HACC 18/08/2023
991/6302/23 HACC 18/08/2023
991/6784/23 HACC 16/08/2023
991/6783/23 HACC 16/08/2023
991/6782/23 HACC 16/08/2023
991/5814/23 HACC 16/08/2023
991/5814/23 HACC 16/08/2023
991/6299/23 HACC AC 16/08/2023
991/5814/23 HACC AC 16/08/2023 Decision on partial granting of appeals
991/5814/23 HACC AC 16/08/2023 Decision on partial granting of appeals
991/6302/23 HACC AC 16/08/2023 Decision on the implementation of remote court proceedings
991/6299/23 HACC AC 16/08/2023
991/5814/23 HACC AC 16/08/2023 Separate opinion of the HACC judge
991/6299/23 HACC 16/08/2023
991/6299/23 HACC 16/08/2023
991/5814/23 HACC AC 11/08/2023 On the appointment of a new trial in the court of the first instance
991/6881/23 HACC 09/08/2023
991/6299/23 HACC AC 07/08/2023 On the appointment of a new trial in the court of the first instance
991/6302/23 HACC AC 07/08/2023 On the appointment of a new trial in the court of the first instance
991/5520/23 HACC 23/06/2023
991/5517/23 HACC 23/06/2023
991/5521/23 HACC 23/06/2023
991/5516/23 HACC 23/06/2023
991/5519/23 HACC 23/06/2023
991/5518/23 HACC 23/06/2023
991/5520/23 HACC 23/06/2023
991/5521/23 HACC 23/06/2023
991/5518/23 HACC 23/06/2023
991/5517/23 HACC 23/06/2023
991/5516/23 HACC 23/06/2023
991/5519/23 HACC 23/06/2023
991/1525/23 HACC 10/03/2023
991/1525/23 HACC 10/03/2023
991/3540/22 HACC 14/09/2022
991/3540/22 HACC 14/09/2022
991/2840/22 HACC 08/08/2022
991/2842/22 HACC 08/08/2022
991/2840/22 HACC 08/08/2022
991/2841/22 HACC 08/08/2022
991/2841/22 HACC 08/08/2022
991/2842/22 HACC 08/08/2022
991/2171/22 HACC 04/07/2022 Decision on the implementation of remote court proceedings
991/2171/22 HACC 04/07/2022
991/2171/22 HACC 04/07/2022
991/2171/22 HACC 01/07/2022 Decision on the implementation of remote court proceedings
991/7462/21 HACC 11/11/2021
991/7464/21 HACC 11/11/2021
991/7356/21 HACC 02/11/2021
991/7354/21 HACC 02/11/2021
991/7356/21 HACC 02/11/2021