The NABU and the SAPO uncovered a scheme to misappropriate funds from Energoatom during the construction of the Centralized Spent Nuclear Fuel Storage Facility. The indictment against two of the individuals in the case has been referred to the HACC for trial.

Notices of suspicion were served on:

• Maksym Mykytas, former MP and former head of the Ukrbudmontazh corporation;
• Ihor Orlov, Director for New Nuclear Installations of the Atomprojectengineering separate subdivision of Energoatom. He resigned from the position of director after the HACC imposed a preventive measure on him;
• Yehor Smilyi, director of the financial company Zhytlo-Capital LLC.

Details of the scheme

The investigation established that in 2017 Orlov, abusing his official position, secured a tender victory for the Ukrbudmontazh construction company, owned by Mykytas's wife Nataliia Mykytas, and concluded a contract worth UAH 929 million. Under the contract, the MP's company was to build the Centralized Spent Nuclear Fuel Storage Facility for the water-water energetic reactors of Ukraine's nuclear power plants.

Later, through the signing of a series of supplementary agreements, the construction costs rose to UAH 1.36 billion. At the same time, the contractor company did not hold the relevant licenses to perform certain types of work, and part of the funds was misappropriated by inflating the volume of work performed and purchasing materials at inflated prices.

The facility was not put into operation for a long time, although on paper it was considered almost complete.

The price of loyalty

In return, over 2017–2019 Orlov's family received free of charge from FC Zhytlo-Capital — headed by Yehor Smilyi and also controlled by Mykytas — three apartments in new developments in Kyiv with a total value of almost UAH 4.42 million. This real estate was registered in the names of relatives of the Energoatom official, which, according to the investigation, constitutes an unlawful benefit.

According to the investigative journalists of Schemes, between 2017 and 2019 Ihor Orlov, his wife Nataliia, and his mother Oleksandra obtained property rights to what were then unfinished construction projects — apartments in the Soniachna Riviera and Verkhovyna residential complexes.

Legal classification

In September 2020, Mykytas was served with a notice of suspicion of committing criminal offenses under Article 369(2) of the Criminal Code of Ukraine, while Orlov is charged under Article 368(4) of the Criminal Code of Ukraine. Later, in October, an additional notice of suspicion was served on Yehor Smilyi — under Article 27(5) in conjunction with Article 369(2), and under Article 366(2), of the Criminal Code of Ukraine.

The HACC imposed on Mykytas a preventive measure of detention with the alternative of posting UAH 100 million bail. On Orlov, it imposed a preventive measure of bail in the amount of UAH 9.98 million. Smilyi was later placed under a preventive measure of personal recognizance.

In 2021, the investigation was completed, and the case was referred to the HACC for consideration on the merits. Notably, the indictment sent to the court concerned only the charges against Smilyi and Orlov, while Mykytas himself remained merely a suspect.

The trial

On July 17, 2024, the HACC ruled to suspend the court proceedings against Yehor Smilyi and to sever the materials concerning him into separate proceedings due to his conscription for military service during mobilization. The case against the other individual, Ihor Orlov, is ongoing.

Maksym Mykytas is a defendant in several other high-profile proceedings, including those concerning the manipulations involving apartments for the National Guard, the embezzlement at Ministry of Defense warehouses, and the attempted bribery of the Mayor of Dnipro.