Case description
On July 9, 2021, the HACC found Rostyslav Kharchenko, former SSU officer in Kyiv region, guilty of extorting USD 50,000 in bribes from a company for helping to return 55 kg of amber and seized equipment used to process amber.
Rostyslav Kharchenko worked as an officer in the Vyshhorod Department of the Security Service of Ukraine in Kyiv region. He offered his “services” to the private enterprise Sunshine Group. The fact is that during a search in July 2016, amber processing equipment and 55 kg of raw amber were seized from this company. Kharchenko asked for USD 50,000for helping to return the equipment by influencing the investigator.
Kharchenko convinced the company's representative that all companies dealing with amber could operate legally only if they had the protection of law enforcement agencies. According to the investigation, he had repeatedly tried to persuade the businessman to pay him USD 6-7,000 per month for non-interference in his work, but when he was refused, Kharchenko initiated an appeal to the police. As a result, a search took place at Sunshine Group. Later, the amount—50,000 was mentioned, when Kharchenko asked the entrepreneur, “Do you have... fifty grand bucks?”
The money was never transferred, as Kharchenko learned about the NABU investigation against him. After that, he lied to the management that it was the other way around, that he had been offered a bribe, not that he had demanded it.
Kharchenko's actions were classified under Article 368, part 3 of the Criminal Code of Ukraine and Article 369-2, part 2 of the Criminal Code of Ukraine. Kharchenko was found not guilty under the first article, as the testimony of only one witness was not enough to bring the former SSU officer to justice. For the second one, Kharchenko was sentenced to 4 years in prison and banned from holding certain positions for 3 years.
The appellate court overturned Kharchenko's conviction due to the expiration of the statute of limitations, but found him guilty under Article 368, part 3 of the Criminal Code, sentencing him to 5.5 years in prison, confiscation of all property, and a ban on holding positions in law enforcement for three years. The Supreme Court upheld the verdict.
