The HACC Appeals Chamber reviewed the HACC's verdict and partially granted the defense's appeals. The appellate court mitigated the main sentence, reducing the term of imprisonment for former Boryspil Airport head Yevhenii Dykhne from five to four years, and for Olesia Levochko, former head of one of the airport's services, from four to three years. However, the additional penalties — a fine of UAH 8,500 and a three-year ban on holding certain positions — remain in force.
Yevhenii Dykhne is a former CEO of Boryspil International Airport and the former head of UIA. Olesya Levochko is his subordinate, the former head of the lease relations service. In 2014–2019, they leased the airport premises on the basis of preliminary agreements.
According to the prosecution, the lease was transferred at low prices, and Dykhne, in collusion with Levochko, abused his official position in favor of two companies: Arteria Group and Coffee Bar Plus. The goal was to give them an advantage in obtaining leased premises on the 3rd floor of Boryspil Terminal D at a reduced cost. The right to conclude such agreements belongs to the State Property Fund. The procedure also required a tender to be announced, with the Ministry of Infrastructure involved in the process.
According to the investigation, the actions of Dykhne and Levochko resulted in UAH 15.7 million in losses. The court of first instance ordered the defendants to pay material damages of around UAH 11 million to the Regional Branch of the SPFU in Kyiv, Cherkasy, and Chernihiv Regions. In its decision, the HACC Appeals Chamber reduced this sum to UAH 1.33 million.
Throughout the trial, the defense denied the presence of the elements of an offense. The defense emphasized systemic problems with the prosecution's evidence, arguing in particular that the loss calculations in the expert examinations submitted by the prosecution had been carried out incorrectly and did not reflect the real market conditions for property of this type. The defense also repeatedly pointed to procedural and substantive deficiencies in the prosecution's evidence.
At the appellate review stage, at the defense's request, an additional commission valuation-construction and economic examination was ordered and conducted. However, the defense criticized even the results of this new examination, considering its conclusions insufficiently objective.
Dykhne was charged under Article 364(2) of the Criminal Code of Ukraine, and Levochko, as an accomplice, under Article 27(5) in conjunction with Article 364(2). In addition, they were banned from holding certain positions for three years.
Since the appellate court has announced its ruling, the verdict has officially entered into legal force, which entails the start of its actual enforcement.
16/06/2021
