The HACC Appeals Chamber reviewed the parties’ appeals against the verdict in the “gas case” involving former MP Oleksandr Onyshchenko. As a result, the SAPO prosecutor’s complaint was dismissed, while the defense’s complaints were partially allowed.
Before the start of the judicial debate, the prosecutor requested to return to the previous stage of the trial—to clarify certain circumstances and verify them with evidence. In a statement, she withdrew the amended appeal, which contained additional demands. Her position remains unchanged from the original complaint: to amend the sentence concerning the confiscation of funds.
The prosecutor noted that this would not worsen the defendant’s position, as the funds had already been confiscated, and clarified that, in terms of punishment, she is requesting the application of special confiscation.
The judges of the HACC Appeals Chamber declined to return to the previous stage of the trial and rejected the prosecutor’s application, noting that she retains the right to withdraw her complaints in whole or in part at a later stage.
During the court debate, the defense argued that the verdict was unlawful and unfounded, and therefore requested its annulment and the closure of the proceedings. The defense also highlighted a violation of deliberation confidentiality at the time the verdict was issued—stating that the judges were simultaneously engaged in educational events, with one judge on vacation and another presiding over a meeting of judges.
The prosecutor requested the application of special confiscation to €6 million belonging to Onyshchenko, held in bank accounts in Latvia.
The HACC Appeals Chamber overturned the verdict and ordered a retrial of the case. At the same time, the decision was issued with a separate opinion from one member of the judicial panel. The full text of the decision will be announced on May 23.
According to the prosecution, between 2013 and 2016, Onyshchenko created a criminal organization that allegedly embezzled UAH 740 million through the procurement of natural gas at below-market prices. He was also charged with document forgery, money laundering, and illegal possession of firearms. The case was heard in the court of first instance from November 1, 2019, to April 5, 2024, with the judges deliberating in chambers for 102 days. The appellate proceedings lasted from May 13, 2024, to May 20, 2025.
The HACC sentenced Onyshchenko in absentia to 15 years in prison with confiscation of property, and his CFO, Olena Pavlenko, to 12 years in prison. The verdict also ordered special confiscation of a number of assets, including $7,369.91 held in AS PrivatBank (Republic of Latvia) under the account of Ostexpert Limited; corporate rights in Fastilo Trading LTD; and non-residential premises totaling 535.00 square meters located on Khreshchatyk Street in Kyiv.