Case description
The HACC found several officials of the National Agrarian Academy of Sciences of Ukraine (NAAS) and their accomplices guilty in the case of embezzlement of more than 15 hectares of the NAAS lands.
NABU detectives found out that NAAS officials, beyond their authority, terminated the use rights of the Chabany research farm (an organization within the structure of the NAAS) for 144 land plots in Hatne, near Kyiv. Among them, 138 land plots have already been transferred to private ownership and other 6 land plots were being re-registered as of the start of the investigation.
These are 15 hectares of “particularly valuable” land intended for research. These lands became private properties of NAAS Presidium members, their relatives, the Security Service of Ukraine officials, the Ministry of Agrarian Policy, and others.
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Back in 2003, the lands in question were part of 330 hectares of land transferred for permanent use to Chabany research farm owned by the NAAS Institute of Agriculture. The transfer was ordered by the Head of Kyiv-Sviatoshyn District State Administration, stating the relevant land purpose.
According to the then provisions of the Land Code of Ukraine, the right of permanent use could be terminated only with the Verkhovna Rada's consent. The same concerns the intended purpose change. According to the investigation, the NAAS managed to make such a decision without the consent of the parliament. The formal reason for this was that in September 2013, the Chabany research farm workers requested to receive such land plots for vegetable growing.
Later, the NAAS allegedly received an unsigned letter from the Security Service of Ukraine with the same request. The letter required to terminate the permanent use of these land plots to transfer them to the State Security Service. The second letter, with similar content, was signed by the Deputy Head of the SSU. After that, the SSU's letter along with other materials were sent to the NASS Presidium for consideration "forgetting" to add the statement about the particular value of the said land plots. As the result, the NAAS voted for the respective resolution and agreed to withdraw 15.2 hectares of land from the use of Chabany research farm.
The list of current defendants includes:
- Roman Kucher, former head of the Department of the State Land Cadaster of the Main Directorate of the State Land Agency of the Kyiv region;
- Stanislav Hubin, former deputy head of the Main Directorate of the State Land Agency of the Kyiv region;
- Ivan Shevchenko, former head of an NSC Institute of Agriculture department of the NAAS;
- Oleksandr Ishchuk, former director of SE Chabany Research Farm;
- Viktor Kaminskyi, Director of the NSC Institute of Agriculture of the NAAS;
- Anush Balian, vise-president of the NAAS;
- Svitlana Kovtun, former chief scientific secretary of the NAAS;
- Vitalii Oborskyi, SSU officer;
- Vasyl Petrychenko, former president of the NAAS.
The suspects’ actions are classified under Article 191(5) of the Criminal Code of Ukraine. In January 2020, 5 senior officials of the Academy were served with suspicion notices. However, in May 2020, the head of the SAPO closed proceedings against the “NAAS leaders” because of a lack of evidence to provide the mercenary motives of the defendants during the voting. More information can be found in our material on the NAAS case.
The HACC found all 9 defendants guilty. Roman Kucher, Stanislav Hubin, and Vitalii Oborskyi were sentenced to 8 years in prison with confiscation of 2/3 of their property and 2 years of ban to hold certain positions. Defendants Ivan Shevchenko, Oleksandr Ishchuk, Viktor Kaminskyi, Anush Balian, Svitlana Kovtun, and Vasyl Petrychenko were sentenced to 7 years in prison, with confiscation of half their property. They were also banned from holding certain positions for two years.
The verdict issued by the HACC AC was appealed by the SAPO, the defense, and the third party. The prosecutor requests to change in the verdict regarding the civil claim and asks to grant the claim filed by her, collecting UAH 42.5 million from the convicted individuals in favor of the state as compensation for the damage caused. The HACC AC decided to separate the materials regarding the prosecutor's appeal and stop the separated proceedings until the verdict comes into force, or another court decision is issued on the merits of other appeals. The HACC AC is now considering complaints of other participants in the case.
