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The case of Dmytro Komakha, former Defense Ministry official, for bribing an auditor

  • Date of commencement of the case: 18/07/2022
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The case of Dmytro Komakha, former Defense Ministry official, for bribing an auditor The case of Dmytro Komakha, former Defense Ministry official, for bribing an auditor

Case description

On March 24, 2023, the HACC found Dmytro Komakha, former Defense Ministry official, guilty of promising to transfer UAH 24 million in bribes to the director of the Ministry's Internal Audit Department. He was sentenced to 4.5 years in prison.

Dmytro Komakha is a former deputy head of the Department of Military Missions of the Ministry of Defense (MoD). In the spring of 2021, he offered a private firm that performed work for the Defense Ministry to transfer UAH 16.8 million in bribes to Andrii Boiko, the head of the Defense Ministry's Internal Audit Department.

This company performed works at the Fortress special-purpose facility, which belonged to the Unified Security Center under the Ministry of Defense. For the money, Boiko was supposed to provide a favorable audit report on the equipment supplied. According to the investigation, this would have allowed the company to receive the full amount of payment under the UAH 400 million contract and continue cooperation with the Ministry of Defense. 

Komakha himself acted as an intermediary and estimated his “services” at UAH 7 million. That is, about UAH 17 million was intended for Boiko. 

The court classified Komakha’s actions under Article 369, part 3 of the Criminal Code of Ukraine. He was sentenced to 4.5 years in prison, and the appellate instance upheld the decision. The HACC Appeals Chamber rewarded Andrii Boiko with UAH 1.68 million for exposing the scheme.

  • Proceeding No.: 52021000000000193
  • Case No.: 991/7211/21, 991/7212/21, 991/7210/21, 991/8431/21, 991/8635/21, 991/463/22, 991/462/22, 991/676/22, 991/8748/21, 991/8745/21, 991/8689/21, 991/1069/22, 991/1119/22, 991/2197/22
  • Incriminated: Article 191, part 5, Article 364, part 2, Article 369, part 3, Article 369-2, part 1
Instance Key parties Instance /Key parties:
CCC
11/01/2024

Panel of judges: Yanovska O.H.

HACC AC
02/05/2023

Panel of judges: Kaluhina I.O.

HACC
18/07/2022

Panel of judges: Movchan N.V., Koliush O.L., Tkachenko O.V., Moisak S.M.

Lawyer: Melnyk T.M.

Prosecutor: Kasian A.O., Venediktova I.V., Kozachyna S.S.

Infographics

THE CASE OF DMYTRO KOMAKHA

Dmytro Komakha, former Defense Ministry official, offered UAH 24 million in bribes to Andrii Boiko, the chief of the Defense Ministry's auditors, from a private company performing works under a state contract. Komakha planned to get part of the money as an intermediary.

  • December 21, 2018
    the Ministry of Defense signed a state contract with a private company to carry out works at the MoD facility
  • April 13, 2021
    Komakha offered a bribe to Andrii Boiko, the chief of the MoD auditors, for a favorable report on the firm's work
  • pic
    December 21, 2021
    Komakha was served with a suspicion notice of bribing an auditor
  • December 22, 2021
    the HACC imposed an interim measure on Komakha in the form of UAH 496,000 bail
  • pic
    March 24, 2023
    the HACC sentenced Komakha to 4.5 years in prison
  • pic
    November 9, 2023
    the HACC Appeals Chamber upheld the verdict of the first instance
  • HACC Confirms First Instance Verdict

Decisions from the Register

Case No. Court Decision date Decision type
991/7211/21 HACC 23/10/2021
991/7212/21 HACC 23/10/2021
991/7210/21 HACC 23/10/2021
991/8431/21 HACC 14/12/2021
991/8635/21 HACC 22/12/2021
991/8635/21 HACC 22/12/2021
991/8635/21 HACC 28/12/2021
991/463/22 HACC 26/01/2022
991/462/22 HACC 27/01/2022
991/676/22 HACC 01/02/2022
991/8748/21 HACC 03/02/2022
991/8748/21 HACC 03/02/2022
991/676/22 HACC 03/02/2022
991/8748/21 HACC AC 03/02/2022
991/8745/21 HACC AC 03/02/2022
991/8689/21 HACC AC 03/02/2022
991/8745/21 HACC AC 03/02/2022
991/8689/21 HACC AC 03/02/2022
991/8748/21 HACC AC 03/02/2022
991/676/22 HACC 03/02/2022
991/1069/22 HACC 17/02/2022
991/1069/22 HACC 17/02/2022
991/1119/22 HACC 18/02/2022
991/1119/22 HACC 18/02/2022
991/2197/22 HACC 04/07/2022
991/2197/22 HACC 18/07/2022 On the appointment of a trial
991/2197/22 HACC 18/07/2022 On the appointment of a trial
991/2197/22 HACC 22/07/2022
991/2197/22 HACC 04/10/2022
991/2197/22 HACC 04/10/2022
991/2197/22 HACC 15/12/2022
991/2197/22 HACC 15/12/2022
991/2197/22 HACC AC 02/05/2023 Opening of appeal proceedings
991/2197/22 HACC AC 12/05/2023 Completion of the preparation and appointment of the appeal hearing
991/2197/22 HACC AC 29/09/2023
991/2197/22 HACC AC 29/09/2023
991/2197/22 HACC 09/11/2023 Verdicts
991/2197/22 HACC AC 09/11/2023 On partial granting of the appeal and change of the verdict
991/2197/22 HACC AC 09/11/2023 On partial granting of the appeal and change of the verdict
991/2197/22 HACC AC 29/11/2023
991/2197/22 CCC 11/01/2024
991/2197/22 CCC 11/01/2024 On the opening of cassation proceedings
991/2197/22 CCC 15/02/2024 On the opening of cassation proceedings
991/2197/22 CCC 04/04/2024 On the completion of preparation and appointment of the cassation hearing
991/2197/22 CCC 05/09/2024
991/2197/22 CCC 05/09/2024