Case description
The NABU and the SAPO have charged Yevhenii Lakhnenko of the restructuring of Odesa Combined Heat and Power Plant, with causing UAH 28 million in damages to the company. If convicted, he faces 7 to 12 years in prison.
According to the investigation, in spring 2016, Yevhenii Lakhnenko, a sanation administrator of Odesa Combined Heat and Power Plant PJSC signed a gas supply contract with a company that, at the time, had no technical capacity to deliver the service.
The Economic Court of Odesa Region initiated the rehabilitation procedure for Odesa CHP in accordance with the Law of Ukraine on Restoring Debtor Solvency or Declaring Bankruptcy. On the same day, Lakhnenko was appointed as the rehabilitation manager.
In this role, Lakhnenko exercised organizational, administrative, and economic management functions: he acted on behalf of the debtor, managed day-to-day operations and business activities, issued orders and directives binding on all employees, entered into contracts, and performed other legal actions on behalf of the company.
The main shareholder of Odesa CHP is the State of Ukraine, as, pursuant to a resolution of the Cabinet of Ministers, a 99.989% stake in the authorized capital was transferred to the State Property Fund of Ukraine under an acceptance and transfer certificate.
According to the investigation, Lakhnenko, acting as the rehabilitation manager of Odesa CHP and simultaneously as the Chair of the Management Board of Holding Energy Company Energomerezha, signed and executed an agreement.
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The scheme was relatively simple: sign a contract with Holding Energy Company Energomerezha, which had no real production capabilities but held the formal legal capacity to enter into such agreements. The State Audit Service later identified violations. The NEURC also concluded that the contract violated the law, since Odesa CHP had a significant debt to Naftogaz of Ukraine at the time of signing. Letters from Naftogaz and Ukrtransgaz confirmed there were no gas deliveries from Energomerezha in 2015–2016.
Based on the contract, Odesa CHP transferred funds to Holding Energy Company Energomerezha. These actions caused significant damage, as UAH 28 million was effectively siphoned out of the company’s financial circulation.
Lakhnenko has been charged under Article 191(5) of the Criminal Code of Ukraine. If found guilty, he faces 7 to 12 years of imprisonment, confiscation of property, and a ban on holding certain positions for up to 3 years. The proceedings are currently suspended as Lakhnenko is serving in the military.
