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The case of Zolotariov on damages to Ukrzaliznytsia

  • Date of commencement of the case: 15/02/2023
  • Instance: HACC
  • Stage of criminal proceedings: Judicial proceedings
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The case of Zolotariov on damages to Ukrzaliznytsia The case of Zolotariov on damages to Ukrzaliznytsia

Case description

The NABU and the SAPO accuse the Ukrzaliznytsia officer Oleh Zolotariov of organizing the procurement at inflated prices, which caused UAH 9.6 million in losses to Ukrzaliznytsia (UZ).

According to the prosecution, in 2017, UZ announced a tender in which it planned to procure power supply devices for passenger cars. Oleh Zolotariov, head of the Regional Branch of the South Western Railway, allegedly set a requirement for all potential participants in the tender, according to which UZ had to approve the drawings of suppliers' products, and thus distorted the conditions of competition.

A meeting was held at Ukrzaliznytsia with representatives of relevant departments and regional branches to discuss the need to equip railway tracks with power supply systems for heating and cooling passenger cars. Following the discussion, the Regional Branch of the South Western Railway, led at the time by Zolotariov, initiated preparations for procurement tenders.

Individuals associated with Brovary Electrical Engineering Association LLC and Elpo Ukraine LLC, having learned about the upcoming tenders, decided to secure their companies’ participation. Zolotariov, leveraging his official position and connections, facilitated their victory. As chair of the tender committee, he ensured the inclusion of an artificial, discriminatory requirement in the tender documentation—mandatory approval of design drawings. This condition allowed the disqualification of all other bidders.

Despite an official request submitted through the electronic procurement platform to remove this requirement on the grounds that it violated the non-discrimination principle under the Law of Ukraine on Public Procurement, Zolotariov concealed the request from other committee members. As a result, the requirement remained, and only the affiliated companies Brovary Electrical Engineering Association LLC and Elpo Ukraine LLC—were admitted to the tender.

In March 2017, the companies won the tenders with bids of UAH 12.7 million and UAH 9.5 million, respectively. However, according to an internal investigation by Ukrzaliznytsia, there was another market supplier capable of delivering similar equipment for UAH 6 million and UAH 4 million.

The overpriced procurement resulted in losses exceeding UAH 9.6 million. Moreover, the procured equipment was never put into operation, even more than four years after the procurement.

Zolotariov is charged with Article 364(2) of the Criminal Code of Ukraine. The case is still being considered by the High Anti-Corruption Court.

  • Proceeding No.: 52017000000000502
  • Case No.: 991/1286/23 show all cases hide other cases
  • Other court cases No.: 760/24390/19, 991/7448/20, 991/7447/20, 991/8200/20, 991/8376/20, 991/6705/21, 991/2261/22, 991/3105/22
  • Incriminated: Article 191, part 5, Article 364, part 2
Instance Key parties Instance /Key parties:
HACC
15/02/2023

Panel of judges: Moisak S.M.

Infographics

THE CASE OF ZOLOTARIOV

UZ officer Oleh Zolotariov organized the procurement of devices for passenger cars at inflated prices. UZ suffered UAH 9.6 million in losses.

Article 364(2) of the Criminal Code of Ukraine

  • 2017
    Zolotariov organized non-competitive procurement, which allowing only two related companies to participate
  • pic
    September 23, 2021
    The NABU and the SAPO served Zolotariov with a suspicion notice
  • September 29, 2021
    The HACC set bail for Zolotariov in the amount of UAH 454,000
  • February 13, 2023
    The NABU and the SAPO referred the case to court
  • March 8, 2023
    The HACC appointed the case for consideration
  • September 14, 2024
    The HACC appointed a comprehensive forensic economic and commodity examination

Decisions from the Register