Case description
The NABU and the SAPO suspect a developer and senior officials of the Ministry for Development of Communities and Territories of illegally transferring land in Kyiv for development purposes.
According to the investigation, developer Serhii Kopystyra devised a detailed scheme to unlawfully acquire a valuable land plot in the capital for the construction of a residential complex. To carry out this plan, he engaged officials from the Ministry for Development of Communities and Territories of Ukraine and a state-owned enterprise under his control, the state enterprise Ukrcommunobsluhovuvannia.
The case involves the following individuals:
- Serhii Kopystyra – Developer and de facto controller of CITYGASSERVICE LLC (and affiliated companies KSM-Group); initiator and organizer of the criminal scheme.
- Oleh Tatarenko – Deputy Director of CITYGASSERVICE LLC; scheme participant responsible for preparing documents and communication.
- Oleksii Chernyshov is the Deputy Prime Minister and Minister for National Unity of Ukraine, who, at the time the alleged crime was committed, held the position of Minister for Development of Communities and Territories of Ukraine and is suspected of abuse of office and accepting unlawful benefit.
- Vasyl Volodin – State Secretary of the Ministry for Development of Communities and Territories of Ukraine. Issued unlawful approvals for entering into substantial commercial obligations.
- Alla Sushon – Director of Ukrcommunobsluhovuvannia; signed clearly disadvantageous investment agreements and superficiary contracts on behalf of the state.
- Maksym Horbatiuk – Adviser to Minister Chernyshov on a voluntary basis and his trusted associate; ensured secrecy and facilitated the exchange of information and documents among scheme participants.
This case is connected to Ukraine’s Deputy Prime Minister and Minister for National Unity, Oleksii Chernyshov, who previously served as Minister for Development of Communities and Territories. During court hearings, the prosecutor stated that Chernyshov, abusing his official position, facilitated the transfer of state-owned property to the balance sheet of Ukrcommunobsluhovuvannia and issued the necessary orders. At present, Chernyshov has the status of a witness in the criminal proceedings.
According to the investigation, the individuals involved arranged for the state ownership of the disputed land plot to be registered under the Ministry before the land was officially transferred to the state enterprise’s balance, in violation of land legislation. Horbatiuk and Tatarenko coordinated actions between the Ministry and the enterprise.
Chernyshov issued orders designating Ukrcommunobsluhovuvannia as the balance holder of the property complex of the state agricultural enterprise Kvity Ukrainy, located on the same plot of land. This decision served as the legal basis for subsequent investment agreements.
The developer was required to transfer to the state a portion of the future apartments in an amount proportional to the value of the land plot. To minimize this number, the land and the buildings located on it were deliberately undervalued—nearly five times below their actual worth. To achieve this, Kopystyra and Tatarenko engaged an appraiser who conducted an artificially low appraisal of both the land plot and the property complex. This significantly reduced the share of residential space to be transferred to the state under the investment agreements. According to expert estimates, the gap between the market value and the contractual value exceeded UAH 1 billion.
To create the appearance of competition, bids were submitted by fictitious companies affiliated with the developer.
Despite the fact that Chernyshov had already left office and the working group of the Ministry had no legal authority, Volodin issued a permit for entering into a commercial obligation between the state enterprise and the private company CITYGASSERVICE LLC. Based on this permit, the director of the state enterprise, Alla Sushon, signed three investment agreements, a superficiary agreement (granting the right to use another’s land), and an act of acceptance and transfer of the land plot with CITYGASSERVICE LLC. The terms of these agreements allowed the developer to build a multi-apartment residential complex, even though the land was designated for agricultural use and, therefore, could not legally be used for construction.
At the request of the NABU and the SAPO, the land plot was seized, which rendered the execution of the agreements impossible. According to the investigation, in return for their “successful assistance” in implementing the scheme, the developer rewarded Ministry officials and close associates with apartments at heavily discounted prices. The price per square meter ranged from only UAH 1,000 to UAH 8,000, compared to a market value of UAH 30,000 per square meter. The total amount of the improper benefit is estimated at UAH 16.8 million. Chernyshov received an unlawful benefit in the form of a discount totaling over UAH 14.5 million.
The defendants have been charged under Article 364(2) of the Criminal Code of Ukraine. In addition, Volodin has also been charged under Article 368(4) of the Criminal Code. Chernyshov’s actions have been classified under Articles 15(2), 28(2), 364(2), and 368(4) of the Criminal Code of Ukraine.
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