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The case of UAH 92 mln in losses on fuel for UZ

  • Date of commencement of the case: 28/10/2019
  • Instance: HACC
  • Stage of criminal proceedings: Judicial proceedings
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The case of UAH 92 mln in losses on fuel for UZ The case of UAH 92 mln in losses on fuel for UZ

Case description

The NABU and the SAPO accuse the head of Ukrzaliznytsia’s Production Support Center branch and his deputy of causing UAH 92 million in losses through a scheme involving fuel procurement at inflated prices.

According to the investigation, in December 2015 and March 2016, Ukrzaliznytsia’s Production Support Center branch signed a contract with Wog Aero Jet LLC, receiving 30,000 tons of diesel fuel on credit with a commitment to repay it by March 1 and May 1, 2016. A penalty of UAH 2-2.7 million per day was stipulated for payment delay.

Key figures in the case:

  • Anatolii Savych, alleged organizer, deputy director of the WOG gas station chain;
  • Oleksandr Kulak, former head of the Production Support Center branch, Ukrzaliznytsia PJSC;
  • Danyl Mazin, former deputy head of the Production Support Center branch, Ukrzaliznytsia PJSC;
  • Andrii Bondarenko, Head of the Oil Products Department of the Oil Products Accounting and Warehousing Department of the PSC Branch, Ukrzaliznytsia PJSC;
  • Oksana Derkach, manager, Wog Aero Jet LLC.

 

Investigators found that Wog Aero Jet LLC won a tender and signed a contract with Ukrzaliznytsia’s Production Support Center branch to supply diesel fuel at a price initially below market value. However, Ukrzaliznytsia officials subsequently signed three additional agreements that gradually increased the fuel price, citing a legal provision allowing price adjustments of up to 10% due to market fluctuations.

The investigation determined that the third additional agreement was signed without legal grounds, as fuel prices did not rise between March 25-29, 2016. This eliminated the original economic benefit and inflated the price above the market rate. As a result, Ukrzaliznytsia purchased three-quarters of the planned fuel volume at inflated prices, leading to an overpayment of UAH 92 million.

Furthermore, this contract influenced additional price hikes formalized in the fourth and fifth additional agreements, which investigators say increased the total overpayment by another UAH 22 million. These findings form the basis of the criminal charges against the accused.

The officials' actions are classified under Article 364, Part 2 of the Criminal Code of Ukraine.

 

  • Proceeding No.: 52016000000000460
  • Case No.: 991/886/19 show all cases hide other cases
  • Other court cases No.: 910/306/19, 760/9083/19
  • Incriminated: Article 364, part 2
Instance Key parties Instance /Key parties:
HACC
28/10/2019

Panel of judges: Kryklyvyi V.V., Halabala M.V., Shyroka K.Yu.

Infographics

The head of the Ukrzaliznytsia’s Production Support Center branch and his deputy are accused of causing UAH 92 million in losses by illegally raising prices for diesel fuel supplies.

 Article 364, Part 2 of the Criminal Code of Ukraine

  • December 2015, March 2016
    Ukrzaliznytsia’s branch borrowed 30,000 tons of diesel from Wog Aero Jet LLC, agreeing to repay the debt
  • March 18, 2016
    The branch signed a fuel supply contract with Wog Aero Jet LLC
  • September 20, 2016
    Pre-trial investigation began
  • pic
    July 17-18, 2018
    NABU served the suspects with official notices of suspicion
  • pic
    2019
    NABU and SAPO submitted indictments to the court
  • October 7, 2020
    The HACC ruled to conduct a trial in absentia against defendant Savych, who was located in Slovenia, according to the Interpol
  • December 13, 2022
    The trial on the merits began

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