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UAH 41 million of losses for Ukrzaliznytsia. The case of businessman Oleksii Bilenkyi

  • Date of commencement of the case: 13/09/2019
  • Instance: HACC
  • Stage of criminal proceedings: Judicial proceedings
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UAH 41 million of losses for Ukrzaliznytsia. The case of businessman Oleksii Bilenkyi UAH 41 million of losses for Ukrzaliznytsia. The case of businessman Oleksii Bilenkyi

Case description

The NABU and the SAPO accuse businessman Oleksii Bilenkyi of organizing a scheme to supply products to Ukrzaliznytsia at inflated prices.

According to the investigation, in 2015, businessman Oleksii Bilenkyi allegedly turned to MP Valerii Ishchenko with a request to help organize a scheme for the supply of hardware products (metal fasteners) to Ukrzaliznytsia. The prices were twice as high, and the employees of the UZ were to conclude a contract with a previously determined company.

To implement the scheme, former MP Ishchenko turned to his advisor Beilin with a request to influence the officials of SE Ukrzaliznychpostach. UZ suffered of UAH 41.4 million losses from such actions.

Oleksii Bilenkyi, Valerii Ishchenko, and Mykhailo Beilin were indicted under Article 191(5) of the Criminal Code of Ukraine. Bilenkyi was also additionally incriminated under Article 212(3), Article 366(1), and Article 209(3) of the Criminal Code of Ukraine.

However, plea agreements were concluded between Bilenkyi and the prosecution. The defense stated that he was willing to cooperate with the prosecutor. Bilenkyi’s actions were initially classified as those of an organizer, but before the plea agreement was concluded, they were reclassified as aiding and abetting.

Back in August 2016, Bilenkyi left the territory of Ukraine with his wife and has not returned since then. The defendant also acquired Bulgarian citizenship and has a certificate of permanent residence in Austria, which he himself confirmed during the court session. The defendant informed the court that he is currently residing in Sofia, Bulgaria, where he works at a law firm.

For a long time, Bilenkyi failed to appear at court hearings, and special proceedings were conducted in his absence. He joined the most recent hearings only via video conference. He explained that he could not attend in person due to various reasons related to his health and the ongoing military actions in Ukraine. The court granted the motion allowing Bilenkyi to participate in the hearing via video conference and continued the trial under the general procedure.

Under the plea agreement, the parties agreed that Bilenkyi would be sentenced to five years of imprisonment, with a three-year ban on holding certain positions and a fine of UAH 18,000, without confiscation of property. The parties also agreed that he would be released on probation. In addition, Bilenkyi undertook to transfer UAH 8 million to a special account to support the Armed Forces of Ukraine within six months after the verdict enters into force.

It is worth noting that the court has not yet issued a ruling on Bilenkyi’s plea agreement.

  • Proceeding No.: 52017000000000016
  • Case No.: 760/10894/18
  • Incriminated: Article 191, part 5, Article 364, part 2, Article 369-2, part 1, Article 209, part 3, Article 366, part 1
Instance Key parties Instance /Key parties:
HACC
13/09/2019

Panel of judges: Zadorozhna L.I.

Infographics

THE CASE OF UKRZALIZNYTSIA

Businessman Oleksii Bilenkyi and former MP Valerii Ishchenko, with the help of other persons, allegedly embezzled UAH 20 million of the state-owned enterprise Ukrzaliznychpostach, carrying out procurement at inflated prices.

Ishchenko, Beilin: Article 191(5) of the Criminal Code of Ukraine.

Bilenkyi: Article 212(3), Article 366(1), and Article 209(3) of the Criminal Code of Ukraine.

  • pic
    August 2014 - December 2015
    Bilenkyi, together with other persons, allegedly seized more than UAH 41.4 million
  • pic
    November 30, 2016
    Bilenkyi was served with a suspicion notice
  • April 25, 2018
    The Solomianskyi District Court of Kyiv received an indictment against Bilenkyi
  • September 5, 2019
    The Solomianskyi District Court of Kyiv transferred the case to the HACC
  • pic
    October 2, 2019
    Beilin was served with a suspicion notice
  • June 9, 2020
    The HACC allowed to try Bilenkyi in absentia
  • March 1, 2021
    The case was assigned to be considered on the merits at the HACC
  • August 7, 2024
    The HACC approved the plea agreements between financial adviser Oleksandr Zhoha, MP Valerii Ishchenko, and the SAPO

Decisions from the Register

Case No. Court Decision date Decision type
760/10894/18 HACC 13/09/2019 On the appointment of a preparatory court hearing
760/10894/18 HACC 09/10/2019
760/10894/18 HACC AC 15/10/2019
760/10894/18 HACC AC 15/10/2019
760/10894/18 CCC 15/10/2019
760/10894/18 CCC 24/10/2019 On the refusal to open cassation proceedings
760/10894/18 HACC 28/11/2019
760/10894/18 HACC 28/11/2019
760/10894/18 HACC 06/02/2020
760/10894/18 HACC 06/02/2020
760/10894/18 HACC 17/02/2020
760/10894/18 HACC 17/02/2020
760/10894/18 HACC 17/02/2020
760/10894/18 HACC 17/02/2020
760/10894/18 HACC 09/06/2020 On the enforcement of special court proceedings
760/10894/18 HACC 09/06/2020 On the enforcement of special court proceedings
760/10894/18 HACC AC 30/06/2020 On the refusal to open appeal proceedings
760/10894/18 CCC 08/09/2020 On the refusal to open cassation proceedings
760/10894/18 HACC 18/09/2020
760/10894/18 HACC 18/09/2020
760/10894/18 HACC 18/09/2020
760/10894/18 HACC 18/09/2020
760/10894/18 HACC 13/10/2020
760/10894/18 HACC 13/10/2020
760/10894/18 HACC 20/10/2020
760/10894/18 HACC 17/11/2020
760/10894/18 HACC 17/11/2020
760/10894/18 HACC 09/02/2021
760/10894/18 HACC 09/02/2021
760/10894/18 HACC 09/02/2021
760/10894/18 HACC 09/02/2021
760/10894/18 HACC 09/02/2021
760/10894/18 HACC 09/02/2021
760/10894/18 HACC 01/03/2021 On the appointment of a trial
760/10894/18 HACC 20/04/2021
760/10894/18 HACC 20/04/2021
760/10894/18 HACC 19/11/2021 Decision on the implementation of remote court proceedings
760/10894/18 HACC 23/11/2021
760/10894/18 HACC 23/11/2021
760/10894/18 HACC 03/12/2021 Decision on the implementation of remote court proceedings
760/10894/18 HACC 13/01/2022 Decision on the implementation of remote court proceedings
760/10894/18 HACC 27/09/2022
760/10894/18 HACC 27/09/2022
760/10894/18 HACC 13/12/2022
760/10894/18 HACC 13/12/2022
760/10894/18 HACC 23/05/2023
760/10894/18 HACC 23/05/2023
760/10894/18 HACC 11/07/2025 Verdicts