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The first real sentence under a plea agreement: the case of Volodymyr Derkach, grain elevator director

  • The date of the first court decision within a pre-trial investigation: 11/08/2021
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The first real sentence under a plea agreement: the case of Volodymyr Derkach, grain elevator director The first real sentence under a plea agreement: the case of Volodymyr Derkach, grain elevator director

Case description

On October 28, 2021, the HACC found Volodymyr Derkach, the former director of the branch of JSC State Food and Grain Corporation of Ukraine, guilty of taking possession of state grain worth almost UAH 15 million. Derkach was sentenced to 3.5 years in prison.

This is the first HACC verdict in which a convicted person was sentenced to a real prison term based on a plea agreement.

Volodymyr Derkach was the head of the Partyzanskyi grain elevator in the Kherson region. This grain elevator is a branch of the State Food and Grain Corporation. 

In late 2019, the former official shipped more than 3,000 tons of grain to a private company for further sale without the owner's permission and kept the money he received from the fraud. Grain worth almost UAH 15 million was on the balance sheet of the State Food and Grain Corporation.

Derkach's actions were reclassified in court from conversion of property to abuse of office, i.e., under Article 364, part 2 of the Criminal Code of Ukraine. The former official entered into a plea agreement with the SAPO prosecutor, so the court sentenced him to 3.5 years in prison, which is half the maximum sanction of this article. Derkach was additionally fined UAH 8,500 and deprived of the right to hold certain positions for 3 years.

  • Proceeding No.: 52020000000000196
  • Case No.: 991/5130/21, 991/6434/21, 991/7111/21
  • Incriminated: Article 191, part 5, Article 364, part 2
Instance Key parties Instance /Key parties:
HACC AC
11/08/2021

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

Lawyer: Didenka I.V.

Prosecutor: Panchenko O.O.

Infographics

THE CASE OF VOLODYMYR DERKACH

Volodymyr Derkach, the former director of the State Food and Grain Corporation elevator, sold grain to a private company without the owner's permission and misappropriated the money he received from the illegal actions. The court sentenced him to 3.5 years in prison based on a plea agreement with the SAPO prosecutor.

  • November–December 2019
    Derkach, as director of a grain elevator, sold grain to a private company without the owner's permission
  • pic
    July 28, 2021
    The NABU-SAPO served Derkach with a suspicion notice of grain conversion worth almost UAH 15 million
  • pic
    July 29, 2021
    The court took Derkach into custody with an alternative of almost UAH 5 million bail
  • pic
    October 28, 2021
    The HACC found Derkach guilty and sentenced him to 3.5 years with additional penalties. This is the first real term in the history of the court based on an agreement

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