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Case of the Sky Moon ship: bribe of Serhii Nerukh

  • Date of commencement of the case: 05/11/2019
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Case of the Sky Moon ship: bribe of Serhii Nerukh Case of the Sky Moon ship: bribe of Serhii Nerukh

Case description

On May 12, 2021, the HACC found Moldovan citizen Serhii Nerukh guilty of transferring a bribe to a military prosecutor for lifting the seizure of a vessel illegally transporting cargo from the occupied Crimea. He was sentenced to 5 years.

On November 30, 2016, Ukrainian border guards detained the Tanzanian ship Sky Moon in the Danube riverbed. This vessel was carrying soda from the Crimean plant of Firtash, namely from the officially closed port of temporarily occupied Sevastopol to Moldova. Subsequently, Sky Moon was confiscated and transferred to the Ukrainian Navy. 

Interestingly, this is the first confiscated vessel for illegally visiting the temporarily occupied Crimea

Businessman Serhii Nerukh transferred a bribe of USD 75,000 to the military prosecutor of the southern region of Ukraine, Maksym Yakubovskyi, so that the seizure of the ship and cargo (3 tons of soda) could be lifted and returned to their owners. Nerukh himself is the owner of the company that owned the seized soda and which delivered it for the glass industry of Moldova).

Yakubovskyi did not like the proposal, so he reported it to the Prosecutor General's Office. During a meeting at the Shooters restaurant in Kyiv, Yakubovskyi gave Nerukh fake court decisions on lifting the seizures, and Nerukh allegedly put the money in the folder. The prosecutor voluntarily gave the money to the investigation, and Nerukh was detained immediately.

The case was qualified under Article 369, part 3 of the Criminal Code of Ukraine (Proposal, promise or providing an improper advantage to an official). The court imprisoned Nerukh for 5 years without confiscation of property, but the bribe was still confiscated.

The appellate instance did not change this verdict, so the lawyers filed cassation appeals. The Supreme Court appointed a new trial in the appellate instance, but the latter refused again. Later, in December 2024, the Supreme Court upheld the verdict.

  • Proceeding No.: 42016000000004089
  • Case No.: 757/38626/17-к
  • Incriminated: Article 369, part 3, Article 369-2, part 1
Instance Key parties Instance /Key parties:
CCC
22/06/2023

Panel of judges: Bushchenko A.P.

HACC AC
25/10/2022

Panel of judges: Semennykov O.Yu.

CCC
11/05/2022

Panel of judges: Ivanenko I.V.

HACC AC
29/06/2021

Panel of judges: Nykyforov A.S., Hlotov M.S., Pavlyshyn O.F.

Lawyer: Zamkovenko M.I.

Prosecutor: Podhorets S.V.

HACC
05/11/2019

Panel of judges: Shkodin Ya.V., Zadorozhna L.I., Koliush O.L.

Lawyer: Zamkovenko M.I.

Prosecutor: Podhorets S.V., Kozachyna S.S.

CCC
29/10/2019

Panel of judges: Kovtunovych M.I., Luhanskyi Yu.M., Fomin S.B.

Infographics

CASE OF SERHII NERUKH

A citizen of Moldova, Serhii Nerukh, transferred USD 75,000 to a military prosecutor for lifting the seizure of a vessel that entered the closed ports of Crimea. The court sentenced Nerukh to 5 years in prison.

  • November 30, 2016
    Border guards detained the Sky Moon vessel, which was later seized and confiscated into state ownership
  • December 29, 2016
    Nerukh transferred a bribe of USD 75,000 to prosecutor Yakubovskyi and was detained immediately
  • pic
    December 30, 2016
    Nerukh was taken into custody with an alternative of more than UAH 1.3 mln bail
  • pic
    May 12, 2021
    The HACC found Nerukh guilty, sentenced him to 5 years, and applied a special confiscation of a bribe of USD 75,000
  • On February 4, 2022
    The HACC Appeals Chamber upheld the HACC verdict
  • September 28, 2022
    The Supreme Court overturned the decision of the HACC Appeals Chamber and appointed a new appeal hearing of the case
  • pic
    March 10, 2023
    The HACC Appeals Chamber upheld the HACC verdict again after the Supreme Court requested a new consideration of the case
  • December 10, 2024
    The Supreme Court upheld the verdict

Decisions from the Register

Case No. Court Decision date Decision type
757/38626/17-к CCC 29/10/2019
757/38626/17-к HACC 05/11/2019 On the appointment of a preparatory court hearing
757/38626/17-к HACC 19/11/2019 On the appointment of a trial
757/38626/17-к HACC 19/11/2019 On the appointment of a trial
757/38626/17-к HACC 29/11/2019
757/38626/17-к HACC 29/11/2019
757/38626/17-к HACC 21/09/2020
757/38626/17-к HACC 21/09/2020
757/38626/17-к HACC 12/05/2021 Separate opinion of the HACC judge
757/38626/17-к HACC AC 18/06/2021 On leaving the appeal without action
757/38626/17-к HACC AC 29/06/2021 Opening of appeal proceedings
757/38626/17-к HACC AC 09/07/2021 Completion of the preparation and appointment of the appeal hearing
757/38626/17-к HACC AC 19/07/2021 On leaving the appeal without action
757/38626/17-к HACC AC 17/08/2021
757/38626/17-к HACC AC 28/08/2021
757/38626/17-к HACC AC 28/08/2021 Opening of appeal proceedings
757/38626/17-к HACC AC 15/09/2021 Completion of the preparation and appointment of the appeal hearing
757/38626/17-к HACC AC 04/02/2022
757/38626/17-к HACC AC 04/02/2022 On non-granting of the appeal and leaving the verdict unchanged
757/38626/17-к HACC 18/04/2022
757/38626/17-к HACC 18/04/2022
757/38626/17-к CCC 11/05/2022 On the refusal to suspend the enforcement of the sentence / гіпотетично може може бути й про зупинення виконання вироку
757/38626/17-к CCC 11/05/2022 On the opening of cassation proceedings
757/38626/17-к CCC 25/05/2022 On the completion of preparation and appointment of the cassation hearing
757/38626/17-к CCC 28/09/2022 Resolution on partial granting of cassation appeals and the appointment of a new hearing in the court of the first or appellate instance
757/38626/17-к CCC 28/09/2022 Resolution on partial granting of cassation appeals and the appointment of a new hearing in the court of the first or appellate instance
757/38626/17-к HACC AC 25/10/2022 Opening of appeal proceedings
757/38626/17-к HACC 10/03/2023 Verdicts, Decision to cancel the seizure of property
757/38626/17-к HACC AC 10/03/2023 On non-granting of the appeal and leaving the verdict unchanged
757/38626/17-к HACC AC 10/03/2023 On non-granting of the appeal and leaving the verdict unchanged
757/38626/17-к CCC 22/06/2023 On the opening of cassation proceedings
757/38626/17-к CCC 23/06/2023
757/38626/17-к CCC 04/10/2023
757/38626/17-к HACC 18/04/2024

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