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Case of Oleh Shchudliuk on embezzlement of funds for the AFU boiler rooms

  • Date of commencement of the case: 09/09/2019
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Case of Oleh Shchudliuk on embezzlement of funds for the AFU boiler rooms Case of Oleh Shchudliuk on embezzlement of funds for the AFU boiler rooms

Case description

On December 9, 2020, the HACC acquitted Oleh Shchudliuk, the head of the Yavoriv subdivision of the Building Administration of the Armed Forces of Ukraine. He was accused of embezzling more than a million hryvnias in favor of an enterprise that, according to the documents, leased gas boiler rooms. 

According to the investigation, Shchudliuk, the head of the Building Administration No.1 of the Yavoriv apartment-operational part of the district (a structural unit of the Armed Forces of Ukraine in Lviv Oblast), unreasonably concluded contracts with a private enterprise in 2014, namely, contracts on the lease of gas boiler rooms (to provide hot water supply for the military) with PE Halpolitrade-Postach based on service acceptance certificates.

 

The investigation separately highlighted the fact that at the time of signing the contracts, the boiler rooms had not yet been put into operation, so the company could not provide any services. Detectives noted that based on such agreements, the company received UAH 1.18 mln from the Building Administration.

Initially, the indictment specified the qualification under the article on abuse of power/office, and Shchudliuk even concluded an agreement with the SAPO prosecutor, but the HACC did not approve it, and the indictment was returned to the prosecutor's office.

The case was finally qualified under Art. 191, part 5 of the Criminal Code of Ukraine. The HACC did not find elements of the crime in Shchudliuk's actions, and therefore acquitted him. 

In court, Shchudliuk explained that the boiler rooms were installed in the military unit back in February 2014 under the preliminary agreement. However, at that time, they were not yet ready for use, so the payment was to be postponed. In April 2014, the boiler rooms were effectively connected to the networks, but the Building Administration had no money to pay for the services. Therefore, the parties concluded an additional agreement, according to which payment was to take place after the rooms were officially put into operation.

In short: the boiler rooms were already working, but the paperwork and payment took place later. According to Shchudliuk, the first task of the Building Administration was to provide hot water to the newly mobilized military.

The prosecutor did not agree with this decision of the HACC, and therefore filed an appeal; it was not satisfied, and the verdict remained in force.

  • Proceeding No.: 52019000000000752
  • Case No.: 4910/20/19-к show all cases hide other cases
  • Other court cases No.: 991/2593/19
  • Incriminated: Article 191, part 5, Article 364, part 2
Instance Key parties Instance /Key parties:
CCC
13/07/2021

Panel of judges: Anisimov H.M., Kovtunovych M.I., Luhanskyi Yu.M., Fomin S.B.

Lawyer: Syvoroha A.O., Motryntsia I.M.

Prosecutor: Shchur I.V.

HACC AC
14/01/2021

Panel of judges: Pankulych V.I., Panaid I.V., Bodnar S.B.

Lawyer: Syvoroha A.O., Motryntsia I.M.

Prosecutor: Shchur I.V., Kokhno V.O.

HACC
09/09/2019

Panel of judges: Shkodin Ya.V., Maslov V.V., Fedorov O.V., Zadorozhna L.I., Halabala M.V., Strohyi I.L.

Lawyer: Syvorih A.O.

Prosecutor: Shchur I.V.

Infographics

CASE OF OLEH SHCHUDLIUK

The investigation accused the head of one of the Building Administration of the Armed Forces of Ukraine Shchudliuk of spending more than a million on fictitious contracts for the lease of boiler rooms. The court, on the contrary, acquitted Shchudliuk.

  • pic
    On July 15, 2019
    the NABU served Shchudliuk with a suspicion notice
  • On September 13, 2019
    the HACC did not approve Shchudliuk's agreement and returned the indictment to the prosecutor's office to continue the pre-trial investigation
  • pic
    On October 11, 2019
    Shchudliuk was served with a new suspicion notice with a different qualification
  • pic
    On December 9, 2020
    the HACC acquitted Shchudliuk on charges of embezzlement
  • On April 12, 2021
    the HACC Appeals Chamber upheld Shchudliuk's acquittal
  • On January 26, 2022
    the Supreme Court upheld Shchudliuk's acquittal

Decisions from the Register

Case No. Court Decision date Decision type
4910/20/19-к HACC 09/09/2019 On the appointment of a preparatory court hearing
4910/20/19-к HACC 13/09/2019 Decision on the refusal to approve the agreement
991/2593/19 HACC 12/12/2019 On the appointment of a preparatory court hearing
991/2593/19 HACC 26/12/2019 On the appointment of a trial
991/2593/19 HACC 13/05/2020 Decision on the implementation of remote court proceedings
991/2593/19 HACC 13/05/2020 Decision on the implementation of remote court proceedings
991/2593/19 HACC 20/05/2020 Decision on the implementation of remote court proceedings
991/2593/19 HACC 27/05/2020 Decision on the implementation of remote court proceedings
991/2593/19 HACC 24/06/2020 Decision on the implementation of remote court proceedings
991/2593/19 HACC 30/07/2020 Decision on the implementation of remote court proceedings
991/2593/19 HACC 22/09/2020 Decision on the implementation of remote court proceedings
991/2593/19 HACC 22/09/2020 Decision on the implementation of remote court proceedings
991/2593/19 HACC 24/09/2020 Decision on the implementation of remote court proceedings
991/2593/19 HACC 30/09/2020 Decision on the implementation of remote court proceedings
991/2593/19 HACC 09/12/2020 Verdicts
991/2593/19 HACC AC 14/01/2021 Opening of appeal proceedings
991/2593/19 HACC AC 16/02/2021 Completion of the preparation and appointment of the appeal hearing
991/2593/19 HACC AC 31/03/2021
991/2593/19 HACC AC 07/04/2021 On non-granting of the appeal and leaving the verdict unchanged
991/2593/19 HACC AC 07/04/2021 On non-granting of the appeal and leaving the verdict unchanged
991/2593/19 CCC 13/07/2021 On the opening of cassation proceedings
991/2593/19 CCC 13/07/2021 Decision on the reclamation of materials
991/2593/19 CCC 17/08/2021 On the completion of preparation and appointment of the cassation hearing
991/2593/19 CCC 03/11/2021 Decision on the consideration of a recusal
991/2593/19 CCC 09/11/2021 On the completion of preparation and appointment of the cassation hearing
991/2593/19 CCC 26/01/2022 Resolution to leave the verdict and the AC decision unchanged and not grant the cassation appeal
991/2593/19 CCC 26/01/2022 Resolution to leave the verdict and the AC decision unchanged and not grant the cassation appeal