Case description
The HACC closed the case against former Deputy Minister of Environmental Protection and Natural Resources of Ukraine Dmytro Mormul concerning the misappropriation of over UAH 32 million during the procurement of Earth remote sensing services.
According to the investigation, while serving as Deputy Minister – Chief of Staff of the Ministry, Dmytro Mormul drafted and issued a knowingly false acceptance certificate for services rendered under a contract between the Ministry and the Austrian company Austroplan Austrian Engineering GmbH (Austroplan). The document contained inaccurate information regarding the scope and cost of the services provided by Austroplan.
On the basis of this certificate, the Ministry issued payment orders totalling UAH 25.8 million plus UAH 5.16 million in VAT for services allegedly worth only €2,400.
In addition, the prosecution claimed that Dmytro Mormul, acting in collusion with other officials of the Ministry, implemented a joint criminal intent aimed at securing a bribe for a third party. According to the investigation, budget funds were transferred to the accounts of fictitious offshore companies based on documents for supposedly developed and delivered software, which was in fact neither created nor handed over to the Ministry.
Specifically, based on a falsified certificate, Mormul signed a request to purchase foreign currency and the related payment order, which facilitated the purchase of €2,430 worth of foreign currency. These funds were then transferred to Austroplan's account.
As a result, Mormul was charged under Article 364(2) and Article 366(1) of the Criminal Code of Ukraine.
The prosecutor did not oppose releasing Dmytro Mormul from criminal liability and closing the proceedings due to the expiration of the statute of limitations. He noted that more than 11 years had passed since the crimes were committed — namely, since March 30, 2012 (under Article 366(1)) and April 9, 2012 (under Article 28(2) and Article 364(2)). The calculation of time is based on the date the funds were transferred.
After being served with notice of suspicion, it was established that Mormul was outside Ukraine, but he voluntarily appeared before the investigative authorities. During questioning, he did not admit guilt, but considering the situation in the country, he fully reimbursed the state for the UAH 32 million in damages.
The HACC granted the defence motion and released Dmytro Mormul from criminal liability due to the expiration of the statute of limitations. The court also lifted the seizure of Mormul’s assets, including an apartment and land plots in Kirovohrad and Kyiv regions, as well as his share of jointly owned property with his wife, taking into account the full reimbursement of damages and the absence of grounds for confiscation.
