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Automatically translated version. May contain inaccuracies compared to the original.
💕 A little gift after dismissal
The Solomianskyi District Court of Kyiv closed the proceedings in the administrative offense case against the former director of the municipal enterprise “Management Company for the Maintenance of the Housing Stock of Solomianskyi District of Kyiv,” Oleksii Zghurskyi.
This happened a few weeks after his dismissal. The case 31 March was heard by Judge Hanna Serhiienko. Zghurskyi was accused under part 4 of article 172-6 of the Code of Ukraine on Administrative Offenses for submitting knowingly false information in the declaration for the year 2023.
According to the protocol of the Strategic Investigations Department of the National Police of Ukraine in Kyiv, Zghurskyi entered false information that differed from the true information by a total amount of 941,5 thousand hryvnias.
The investigation classified two items as false information:
✔️ failure to declare a nonresidential building (a trash collector) with an area of 18,5 sq. m, which since 18 April 2019 has been rented by Zghurskyi’s wife to house a hair salon. The property was valued at 393 thousand UAH;
✔️ failure to declare the wife’s income from the sale of her share of an apartment in the amount of 548,55 thousand UAH.
Records of both transactions were officially registered in the State Register of Property Rights to Real Estate. Lease agreement No. 097 was concluded between the Solomianskyi District State Administration in the city of Kyiv and the individual entrepreneur (Zghurskyi’s wife) back on 18 April 2019.
Oleksii Zghurskyi did not admit guilt. In court he explained that he filed the declaration on 29 March 2024 while extremely fatigued after a sleepless day related to the heavy shelling of civilian infrastructure, and because he had to perform priority measures to conclude the heating season per the directive of Kyiv Mayor Vitali Klitschko. He had no intent to submit false information and, on the contrary, insisted on indicating the full price of the apartment in the sale contract.
Defense attorney Svitlana Panova emphasized that 393 thousand hryvnias is an asset valuation for determining rent, whereas the actual rent amounts to only 982,5 UAH per month. There was no intent on the part of her client to submit knowingly false information.
Prosecutor of the Kyiv City Prosecutor’s Office Nataliya Kuzio believed that the elements of the offense were present and were formal.
The court disagreed with the prosecution’s position. The judge noted that the subjective side of the offense, provided for by article 172-6 of the Code of Ukraine on Administrative Offenses, is characterized by guilt in the form of direct or indirect intent. Committing an act through negligence excludes administrative liability.
Since the information about the lease and the apartment sale was public and contained in the official state register, the court saw no grounds to consider that Zghurskyi had intent to hide this information or to provide knowingly false data.
As a result, the court concluded that Oleksii Zghurskyi’s actions lacked a subjective element and, therefore, did not constitute the administrative offense provided for in part 4 of article 172-6 of the Code of Ukraine on Administrative Offenses.
Proceedings were closed pursuant to paragraph 1 of part 1 of article 247 of the Code of Ukraine on Administrative Offenses due to the absence of the elements of an administrative offense.
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