The Case of Former Shchaslyve Village Council Head Shmaiun over UAH 7.8 Million in Losses to the Community

The Case of Former Shchaslyve Village Council Head Shmaiun over UAH 7.8 Million in Losses to the Community
Start of the trial 8 January 2025
Instance HACC
Stage of criminal proceedings Judicial proceedings

The NABU and the SAPO accuse Mykola Shmaiun, former head of the Shchaslyve Village Council in Boryspil District, Kyiv Region, of causing more than UAH 7.8 million in losses to the territorial community.

According to the investigation, since 2018 the building of an information and computing center, together with the adjacent land plots owned by the private enterprise Berest, had effectively been unused, sat in a neglected state, and had begun to fall into disrepair. No repair or restoration work was carried out on them. At the same time, the territorial community of the village of Shchaslyve needed premises for a school because of the growing number of school-age children, which created the preconditions for subsequent decisions on purchasing real estate.

In early 2019, according to the investigation, Shmaiun and his accomplices — in particular the property owner Antonina Hrebeniuk — formed the intent to misappropriate local budget funds by arranging the purchase of this property at an artificially inflated price. To carry out the plan, the appraiser Larysa Yarema was brought in; for a reward, she was induced to prepare knowingly false expert reports with a predetermined value of the property of more than UAH 15.8 million. The coordination of the interaction and control over the preparation of the documents was handled by Ashot Mkrtchian, who ensured the transfer of the materials needed to carry out the appraisal.

Mykola Shmaiun
Mykola Shmaiun

In parallel, on March 15, 2019, the disputed property was actually purchased from the private enterprise Berest at a much lower price — around UAH 2 million. This subsequently made it possible to use it as an item for resale to the community. Once the fictitious reports with the inflated value had been produced, a letter of offer to purchase this property for more than UAH 15.8 million was submitted to the village council, together with the relevant documents.

Despite being aware of the real value of the recently purchased property, the village head ensured that the matter was dealt with promptly: the letter was registered outside working hours and then referred for consideration by the relevant committee together with a draft decision prepared in advance. The very next day, the committee unanimously supported the purchase, and the corresponding decision was approved by a session of the village council on the basis of incomplete and unreliable information.

The village head then concluded sale and purchase agreements for the building and the land plots at the inflated price, after which, in April 2019, more than UAH 15 million was transferred from the local budget to the seller. It was established, however, that the real market value of the property was substantially lower, amounting to just over UAH 8 million in total.

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The purchased property was never used for its intended purpose, no measures were taken to establish an educational institution, and the building remained in a neglected state. According to the investigation's findings, through these actions the participants in the scheme misappropriated the funds of the territorial community, causing it losses of more than UAH 7.8 million.

Shmaiun's actions were classified under Article 191(5) of the Criminal Code of Ukraine; Hrebeniuk's under Article 191(5) and Article 358(4); and Mkrtchian's under Article 358(3) of the Criminal Code of Ukraine. The case materials concerning Yarema have been severed, and the investigation in her respect has been suspended.

The trial is ongoing.

Proceeding No. 52019000000000853
Case No. 991/5611/24
Date the hearing was scheduled 08/01/2025
Subjects
  • Local Government Bodies: Chairperson, Secretary, Deputies
  • Other
  • Business
Qualification
Article 191, part 5
Pre-trial cases №
  • 991/4830/23
  • 991/3980/23
  • 991/4048/23
Merged with
Instance Key parties
HACC 08/01/2025 Panel of judges: Khamzin T.R.
THE CASE OF MYKOLA SHMAIUN
Judicial proceedings

According to the investigation, the NABU and the SAPO accuse the former head of the Shchaslyve Village Council, Mykola Shmaiun, and two other individuals of causing more than UAH 7.8 million in losses to the territorial community.

Shmaiun's actions were classified under Article 191(5) of the Criminal Code of Ukraine;

Hrebeniuk's under Article 191(5) and Article 358(4);

Mkrtchian's under Article 358(3) of the Criminal Code of Ukraine.

  • pic
    February 25 to April 5, 2019
    the individuals in the case carried out the deal to purchase the property with budget funds at an inflated price, thereby allegedly causing losses to the state
  • September 27, 2019
    the pre-trial investigation began
  • pic
    May 2, 2023
    the individuals in the case were served with a notice of suspicion
  • pic
    June 13, 2023
    the HACC took Shmaiun into custody with the alternative of posting UAH 4.5 million bail
  • June 28, 2024
    the HACC scheduled a preparatory hearing
  • November 26, 2024
    the HACC joined Shmaiun's case with the case of his accomplices and scheduled a preparatory hearing again
  • January 8, 2025
    the case was referred for consideration on the merits

Decisions from the Register


Video streams

13 June 2023