The case of procuring equipment for Kyiv elevators

The case of procuring equipment for Kyiv elevators
Start of the trial 8 July 2021
Instance HACC
Stage of criminal proceedings Judicial proceedings

The NABU and the SAPO charge officials of the Main Information and Computing Center (MICC) with misappropriating budget funds during the procurement of a dispatch-servicing and control system for the elevator equipment in Kyiv's residential buildings.

The following are involved in the case:

  • Yehor Burhomistrenko, director of Ukrainian Business Communications;
  • Oleksandr Perevoznyk, former head of the MICCs Department for the Implementation and Support of Information and Communication Systems;
  • Vitalii Kozubskyi, former director of the MICCs Municipal Enterprise.

Vitalii Kozubskyi. Photo from the KCSA website
Vitalii Kozubskyi. Photo from the KCSA website

According to the investigation, MICCs director Kozubskyi, in collusion with Burhomistrenko, director of Ukrainian Business Communications LLC, organized a scheme to misappropriate budget funds allocated to create a dispatching system for the housing stock and elevator equipment.

To this end, MICCs, as the contracting authority, announced an open tender through Prozorro with an estimated value of over UAH 59 million. Three companies took part, and Ukrainian Business Communications LLC was named the winner with a bid of around UAH 58.8 million.

The investigation believes the company's victory was engineered artificially. According to law enforcement, the MICCs leadership commissioned a project whose technical requirements were tailored to specific software (CallWay, DeskControl, and Horodok). Since the rights to these products belonged to Ukrainian Business Communications LLC, this effectively made it impossible for other bidders to participate.

After signing the main contract, the parties moved on to the next stage of the scheme — inflating the procurement cost. In addition to the licensed software, the subject of the contract was expanded to include the development of "additional" software modules. These changes were recorded in a supplementary agreement, which simultaneously expanded the scope of services and altered their description.

The parties then, according to the prosecution, documented the delivery of "modules" that in fact did not exist or did not meet the technical requirements. To legalize the scheme, fictitious documents were drawn up, including a software description and a delivery note for over UAH 28 million that included the cost of these modules.

In August 2018, at a meeting of the MICCs acceptance committee, the contractor's representatives submitted the materials for acceptance. Despite the documents' obvious discrepancy with the actual circumstances, the committee members (including Perevoznyk) approved them and signed the relevant papers.

MICC's director Kozubskyi then, knowing full well that the software modules had not actually been delivered, signed the delivery note. This served as the basis for transferring budget funds — over UAH 28 million was transferred to Ukrainian Business Communications LLC's account.

However, a series of examinations confirmed that these "modules" are not software within the meaning of the law and that their functionality does not meet the technical specification. A forensic economic examination established that these actions caused the budget losses of over UAH 20.8 million.

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

In July 2020, Kozubskyi was dismissed from his post.

Proceeding No. 42018110000000355
Case No. 755/11194/20
Date the hearing was scheduled 08/07/2021
Subjects
  • Head of a state or municipal enterprise/institution
  • Other
  • Business
Qualification
Article 191, part 5, Article 366, part 1
Pre-trial cases №
  • 755/5833/19
Instance Key parties
HACC 08/07/2021 Panel of judges: Fedorov O.V., Shkodin Ya.V., Zadorozhna L.I.
THE CASE OF VITALII KOZUBSKYI
Judicial proceedings

According to the investigation, MICC's director Kozubskyi, in collusion with Burhomistrenko, director of Ukrainian Business Communications LLC, and Oleksandr Perevoznyk, former head of one of the MICC's departments, organized a scheme to misappropriate budget funds allocated to create a dispatching system for the housing stock and elevator equipment. Over UAH 28 million was later transferred to the LLC's account.

  • pic
    September 13, 2018
    Funds were credited to the LLC's account
  • October 11, 2018
    The pretrial investigation was launched
  • pic
    December 16, 2019
    The defendants were served with notices of suspicion
  • pic
    December 17, 2019
    The court placed Kozubskyi and Burhomistrenko under night-time house arrest
  • pic
    December 18, 2019
    The court placed Perevoznyk under night-time house arrest
  • pic
    July 7, 2021
    The case reached the HACC
  • July 8, 2021
    A preparatory hearing was scheduled
  • November 25, 2021
    The case was scheduled for consideration on the merits

Decisions from the Register