Case description
The HACC acquitted Serhii Andriiash, a former official of the Kyiv Regional State Administration, who was accused of embezzling funds allocated for social housing for internally displaced persons. The court ruled that his actions lacked corpus delicti.
Serhii Andriiash, the former head of the Children and Family Service of the Kyiv Regional State Administration, was accused by the prosecution of misusing funds allocated by the European Union for social housing for internally displaced persons, allegedly redirecting them to modernize private real estate.
Specifically, the case involved the major repairs of non-residential premises owned by Agrosvit LLC. Andriiash signed several contracts for the procurement of construction materials, equipment, and furniture for the renovation of the district hospital building in the village of Karapyshi. After the renovation was completed in 2016, the premises renovated with state budget funds were not transferred to municipal or state ownership. However, part of the building was occupied by the children's health facility Zorianyi, where additional repairs were also funded by the state. Andriiash's relatives, including his son, daughter, and son-in-law, were employed at this institution.
When submitting the final report on the use of grant funds, Andriiash, according to the prosecution, was aware that the repaired property remained in the private ownership of Agrosvit LLC. However, the grant agreement stipulated that the premises should be transferred to the ownership of the regional state administration or local self-government bodies. As a result, the state incurred losses amounting to UAH 7.3 million.
Andriiash denied the charges, stating that his actions were solely aimed at creating conditions for displaced persons. He emphasized that he lacked the authority to transfer the property to the community's ownership, as this falls under the jurisdiction of local authorities.
The defense argued that at the time of signing the grant agreement, the hospital building was owned by the territorial community, despite the incomplete state registration. They also claimed that the registration of Agrosvit LLC's ownership of the premises occurred without Andriiash's knowledge or involvement. According to the defense, the objectives of the agreement were met, and the European Union did not raise any concerns regarding the misuse of funds or the failure to achieve the project's intended outcomes.
Andriiash was charged under Article 364, Part 2 of the Criminal Code of Ukraine. However, the court acquitted him, noting that the former hospital building had been transferred to the ownership of the territorial community of Karapyshi village in 2018 through a donation agreement with Agrosvit LLC. The court also considered that the premises continued to be used for social purposes and found no evidence that Andriiash was involved in the registration of the building's ownership by the company.
