Case of MP Mykhailo Volynets on Inaccurate Declaration

Case of MP Mykhailo Volynets on Inaccurate Declaration
Instance HACC
Stage of criminal proceedings proceedings closed

The High Anti-Corruption Court closed the proceedings and released MP Mykhailo Volynets from criminal liability in the case of inaccurate declaration. The grounds were that the limitation period for bringing him to liability had expired by the time the case was considered.

Essence of the crime

According to the investigation, Mykhailo Volynets, an MP from the Batkivshchyna faction, failed to include a number of material details about his assets in his annual declaration for 2020. In particular, he did not declare his actual use of a 2019 Toyota Highlander registered to his son, Andrii Volynets, and did not report the income and car of his common-law wife or the fact that they lived together. The total value of the undeclared property and assets amounted to approximately UAH 1.79 million.

Volynets himself denied his guilt. He stated that the case file contained no evidence that he had used his son's car for more than half of the days in the year. He also explained that the woman whose undeclared property he was charged over was not a close person to him. She is a medical worker with whom he had concluded a contract for medical services. Therefore, in the MP's view, he was not obliged to declare her property.

The MP's actions were qualified under Article 366-2(1) of the Criminal Code of Ukraine. At the time the act was committed, this article provided for a fine or community service, as well as a ban on holding certain positions for up to three years.

On November 17, 2022, Volynets was served with a notice of suspicion. Four days later, the MP failed to appear when summoned by a detective and was put on the wanted list. He remained on the wanted list until he was handed the indictment, after which he was removed from it. Notably, after the media reported that he was wanted, Volynets himself stated that he had not been hiding from the investigation but had been undergoing inpatient treatment and had not received any summonses or notices of suspicion.

However, as early as April 2023, the High Anti-Corruption Court released Volynets from criminal liability and closed the proceedings because the two-year limitation period provided by law had expired by the time the case was considered.

The criminal case against MP Volynets was opened on the basis of a journalistic investigation by Schemes (Radio Liberty), published in April 2021. It reported that Volynets was using a luxury SUV that he had not listed in his declaration. This fact was also confirmed by the NACP, in particular with data from the Safe City video surveillance system. In 2021, NABU detectives launched an investigation based on this journalistic material and the NACP's conclusion.

Separately, the HACC considered SAPO's civil forfeiture claim against Volynets's assets but dismissed it in October 2021. The claim concerned an apartment in Kyiv that the MP had purchased in 2020 for over UAH 7.5 million. As Schemes journalists found, Volynets had not explained the source of almost UAH 3 million needed for the purchase. This information was missing from his declaration for 2020. In a comment to the media, Volynets claimed that the money had allegedly been provided by the woman he lives with, but he had not listed her in his declaration because he considered it optional.

The defense insisted that Volynets had earned a significant part of the funds before being elected to parliament, in 2002–2018. The defense also noted that part of the apartment's price had been paid since 2017 and that Volynets had made most of the payments before 2019, that is, before he became an MP of Ukraine. The response to the claim also stated that additional income could have resulted from currency exchange rate fluctuations. The SAPO attempted to challenge this decision on appeal, but the HACC Appeals Chamber upheld the first-instance decision.

The case drew particular attention because the MP's son, Andrii Volynets, whose car the MP allegedly used, works for Rinat Akhmetov's businesses, specifically Metinvest Holding. Mykhailo Volynets himself is the chairman of the Independent Trade Union of Miners of Ukraine, while Metinvest Group is the largest private owner of mines in Ukraine. According to journalists, this context may indicate a conflict of interest or hidden financial ties.

Proceeding No. 42021000000001006
Case No. 991/6276/22
Date the indictment/claim was received by the court 12/09/2022
Duration of proceedings 1486 days
Qualification
Article 366-2, part 1, Article 366-2, part 2
Pre-trial cases №
  • 991/5006/22
  • 991/2068/22
  • 991/348/22
  • 991/347/22
  • 991/346/22
  • 991/345/22
  • 991/146/22
Instance Key parties
HACC 12/12/2022 Panel of judges: Moisak S.M.
CASE OF MYKHAILO VOLYNETS ON INACCURATE DECLARATION
proceedings closed

MP Mykhailo Volynets was accused of failing to declare cars and income worth over UAH 1.7 million. The case against him was closed due to the expiry of the limitation period.

  • April 23, 2021
    journalists of the Schemes project published an investigation into MP Volynets's undeclared real estate
  • May 5, 2021
    the NABU launched a pre-trial investigation into the facts published in the media
  • December 22, 2021
    the NACP issued a reasoned conclusion on possible declaration of false information by MP Volynets
  • pic
    November 17, 2022
    Volynets was served with a notice of suspicion
  • pic
    November 21, 2022
    the MP was put on the wanted list for failing to appear when summoned by a detective
  • pic
    December 9, 2022
    the indictment against Volynets was submitted to the High Anti-Corruption Court
  • April 7, 2023
    the HACC closed the proceedings due to the expiry of the limitation period for bringing him to criminal liability

Decisions from the Register


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7 April 2023