Case description
Former Deputy Defense Minister Ihor Pavlovskyi and six other defendants are accused of embezzling UAH 58 million during the procurement of fuel for the army.
According to the investigation, the individuals involved in the case unlawfully arranged an unjustified increase in fuel prices by signing and executing additional agreements to existing contracts for the supply of fuel and lubricants for the needs of the Ministry of Defense of Ukraine, without any legal grounds provided by legislation.
Ihor Pavlovskyi is a lieutenant general of the Armed Forces of Ukraine. From 2015 to 2019, he served as Deputy Minister of Defense of Ukraine.
In addition to Pavlovskyi, six other people are involved in the case: Vadym Trofymenko, owner of the awarded LLC; Vadym Maiko, director of the company (hiding abroad); and Volodymyr Harkavyi, commercial director; as well as former Defense Ministry officials Volodymyr Hulievych, Borys Malysh, and Ihor Shemovniov. All of them are charged under Article 191(5) of the Criminal Code of Ukraine.
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According to the prosecution, in early 2016, the tender committee of the Ministry of Defense of Ukraine organized a procurement procedure for various types of fuel for the army, with a total contract value exceeding UAH 1.2 billion. The winning bidder was Trade Commodity LLC, with which the Ministry signed the relevant agreements for the supply of petroleum products for state needs. However, the parties later signed additional agreements amending the original contracts and increasing the fuel price.
These amendments were concluded by the procuring entity and supplier without any legal basis and led to an unjustified 16% increase in the unit price of the fuel. Under the tender conditions, the price could only be increased once by a maximum of 10%, and only if duly justified. As a result, UAH 58 million was unlawfully transferred from the state budget.
The defense team for Ihor Pavlovskyi did not deny that the fuel was procured at the prices specified in the documentation, arguing that the price increase was justified by market fluctuations. Pavlovskyi stated that the charges involve individuals he does not even know and noted that each agreement was supported by certificates from the Ukrainian Chamber of Commerce and Industry confirming a rise in fuel prices. He added that he was merely doing his job, did not violate the law, and believes the entire case has been fabricated.
All defendants are charged under Article 191(5) of the Criminal Code of Ukraine.
One of the defendants, Borys Malysh, has passed away, but the HACC has continued proceedings in his case.
Ihor Pavlovskyi is also a defendant in the Kuznia na Rybalskomu case and the case of defense procurement of overpriced Bogdan trucks.
