Over UAH 180 million in losses to the state: the case of SRAU ex-head Barabash

Over UAH 180 million in losses to the state: the case of SRAU ex-head Barabash
Start of the trial 16 October 2023
Instance HACC
Stage of criminal proceedings Judicial proceedings

The NABU and the SAPO charge Mykyta Barabash who, while serving in 2021 as acting head of the State Reserve and head of the State Reserve's auction committee, together with three accomplices organized a criminal scheme to sell diesel fuel from the state reserve at a significantly understated price.

The following persons are involved in the case:

  • Mykyta Barabash, former acting head of the State Reserve Agency of Ukraine;
  • Oleksandr Zozulia, former director of Advisory and Research LLC;
  • Viktor Riabov, the reviewer of the valuation;
  • Ivan Tryshkaliuk, head of one of the divisions of the Department for the Economy of Security and Defense of the Ministry of Economy.

Mykyta Barabash. Photo credit: Elevatorist.com
Mykyta Barabash. Photo credit: Elevatorist.com

According to the investigation, in 2021 the State Reserve's auction committee approved a lot for the sale of 18,000 tons of premium-quality diesel fuel. The State Reserve, represented by acting head Barabash, entered into a contract with Advisory and Research LLC for an independent valuation of this property. According to the valuer's report, the market value of the fuel was UAH 211.5 million, and the review formally found that the report generally met the requirements, albeit with minor shortcomings.

At the same time, the Ministry for Development of Economy, Trade and Agriculture of Ukraine stated in a letter that the price determined by the valuer was understated by roughly 50%, and that selling the fuel at such a price would make it impossible for the State Reserve to subsequently purchase comparable volumes as part of stock rotation. This letter was officially received by the State Reserve, and the following day Barabash placed his endorsement on it.

Despite this, a meeting of the auction committee was held under Barabash's chairmanship, at which it was decided to launch the fuel-sale procedure on the basis of the existing valuation report. That same day, publication of the auction announcement was initiated in the official gazette Uriadovyi Kurier and on the State Reserve's website.

At the next meeting of the auction committee, its members were informed of the Ministry's comments and of the recommendations to revise the report to reflect the actual market value of the fuel. However, according to the investigation, no measures were taken to review the valuation or to engage other valuers. Barabash did not initiate any revision of the report and did not arrange for a new, proper valuation.

The auction for the sale of the diesel fuel subsequently went ahead, with a starting price of UAH 211.5 million based on that report. The winner was Centralgaz LLC, which offered UAH 214 million. A sale and purchase agreement was then concluded between the parties, and the fuel was disposed of at that price.

However, according to the experts' conclusion, the market value of the same volume of fuel was considerably higher, and the difference between the actual market price and the funds actually received exceeds UAH 180 million.

Barabash's actions were classified under Article 364(2) and Article 358(4) of the Criminal Code of Ukraine; Ivan Tryshkaliuk's under Article 364(2); and Viktor Riabov's and Oleksandr Zozulia's under Article 364(2) and Article 366(1).

Proceeding No. 12021000000000649
Case No. 991/8981/23
Date the hearing was scheduled 16/10/2023
Subjects
  • head/deputy of the central body of executive power of Ukraine
  • Business
  • Other
Qualification
Article 364, part 2, Article 366, part 1
Pre-trial cases №
  • 991/7883/23
  • 991/7609/23
  • 991/5211/23
  • 991/2655/23
  • 991/2465/23
  • 991/1012/23
  • 991/504/23
  • 991/630/23
  • 991/393/23
  • 991/404/23
  • 991/403/23
  • 991/207/23
  • 991/208/23
  • 991/5517/22
  • 991/5125/22
  • 991/5126/22
  • 991/4912/22
  • 991/4913/22
  • 991/4911/22
  • 991/4594/22
  • 991/4141/22
  • 991/4140/22
  • 991/4142/22
  • 991/4701/22
  • 991/4637/22
  • 991/4589/22
  • 991/4591/22
  • 991/4592/22
  • 991/4593/22
  • 991/4428/22
  • 991/4421/22
  • 991/4430/22
  • 991/4023/22
  • 991/4030/22
  • 991/4027/22
  • 991/4033/22
Instance Key parties
HACC 16/10/2023 Panel of judges: Khamzin T.R.
Over UAH 180 million in losses to the state: the case of SRAU ex-head Barabash
Judicial proceedings

According to the investigation, in 2021 the acting head of the State Reserve, Mykyta Barabash, together with three accomplices, organized a criminal scheme to sell diesel fuel from the state reserve at a significantly understated price.

Barabash's — Article 364(2) and Article 358(4) of the Criminal Code of Ukraine;

Tryshkaliuk's — under Article 364(2);

Viktor Riabov's and Oleksandr Zozulia's — under Article 364(2) and Article 366(1).

  • pic
    2021
    Those involved allegedly sold the diesel fuel at an understated price
  • May 20, 2021
    The pretrial investigation was launched
  • pic
    August 30, 2022
    Barabash was served with a notice of suspicion
  • pic
    March 20, 2023
    The other three persons involved were served with notices of suspicion
  • July 27, 2023
    The pretrial investigation was completed
  • October 16, 2023
    The HACC scheduled the preparatory proceedings
  • November 1, 2023
    The case was scheduled for consideration on the merits

Decisions from the Register

Case No. Court Decision type
991/8981/23 HACC 22/09/2025
991/8981/23 HACC 22/09/2025
991/8981/23 HACC 07/07/2025
991/8981/23 HACC 01/11/2023 On the appointment of a trial
991/8981/23 HACC 01/11/2023 On the appointment of a trial
991/8981/23 HACC 16/10/2023 On the appointment of a preparatory court hearing
991/7883/23 HACC 11/09/2023
991/7883/23 HACC 11/09/2023
991/7609/23 HACC 06/09/2023
991/5211/23 HACC 20/06/2023
991/5211/23 HACC 20/06/2023
991/2655/23 HACC 29/03/2023
991/2655/23 HACC 29/03/2023
991/2465/23 HACC 24/03/2023
991/2465/23 HACC 24/03/2023
991/1012/23 HACC 07/02/2023
991/1012/23 HACC 07/02/2023
991/504/23 HACC 30/01/2023
991/504/23 HACC 30/01/2023
991/630/23 HACC 26/01/2023
991/630/23 HACC 26/01/2023
991/393/23 HACC 19/01/2023 On the extension of the period of pre-trial investigation of criminal proceedings
991/393/23 HACC 19/01/2023 On the extension of the period of pre-trial investigation of criminal proceedings
991/404/23 HACC 19/01/2023
991/403/23 HACC 18/01/2023
991/207/23 HACC 13/01/2023
991/207/23 HACC 13/01/2023
991/208/23 HACC 12/01/2023
991/208/23 HACC 12/01/2023
991/5517/22 HACC 15/11/2022
991/5517/22 HACC 15/11/2022
991/5125/22 HACC 08/11/2022
991/5125/22 HACC 08/11/2022
991/5126/22 HACC 02/11/2022
991/5126/22 HACC 02/11/2022
991/4912/22 HACC 25/10/2022
991/4913/22 HACC 25/10/2022
991/4911/22 HACC 25/10/2022
991/4594/22 HACC 17/10/2022 On the extension of the period of pre-trial investigation of criminal proceedings
991/4141/22 HACC 17/10/2022
991/4140/22 HACC 17/10/2022
991/4140/22 HACC 17/10/2022
991/4142/22 HACC 17/10/2022
991/4701/22 HACC 17/10/2022
991/4701/22 HACC 17/10/2022
991/4594/22 HACC 17/10/2022 On the extension of the period of pre-trial investigation of criminal proceedings
991/4637/22 HACC 14/10/2022
991/4637/22 HACC 14/10/2022
991/4589/22 HACC 13/10/2022
991/4591/22 HACC 13/10/2022
991/4591/22 HACC 13/10/2022
991/4589/22 HACC 13/10/2022
991/4592/22 HACC 13/10/2022
991/4593/22 HACC 13/10/2022
991/4428/22 HACC 06/10/2022
991/4421/22 HACC 06/10/2022
991/4430/22 HACC 06/10/2022
991/4428/22 HACC 06/10/2022
991/4430/22 HACC 06/10/2022
991/4023/22 HACC 22/09/2022
991/4030/22 HACC 22/09/2022
991/4027/22 HACC 22/09/2022
991/4033/22 HACC 22/09/2022