Oleh Yashchuk: former DEB deputy head's BMW X3 to be confiscated

The High Anti-Corruption Court ruled to seize for the state’s benefit a BMW X3 2022 year of manufacture and funds in the amount of the value of a Toyota Camry 2023 year, which were used by the former head of a unit of the State Bureau of Economic Security Oleh Yashchuk and his wife. The total value of the two vehicles is almost 4 million UAH. The Specialized Anti-Corruption Prosecutor’s Office filed the lawsuit to declare the assets unjustified.

According to the case materials, both vehicles were registered not directly to Oleh Yashchuk but to his relative and a close friend. At the same time, according to circumstances established by the court, the former official actually controlled and used the vehicles. This circumstance became part of the verification of the origin of the property and whether its value corresponded to the lawful income of the persons who used it, media report. While analyzing the property status of Oleh Yashchuk, members of his family, relatives and close associates, investigators checked the possibility of purchasing the vehicles with confirmed income. Based on the verification results, it was established that lawful income was insufficient to buy these vehicles. The SAPO applied to the court requesting the mechanism of civil confiscation of unjustified assets be applied.The HAC decision provides for two different methods of recovering the property. The BMW X3 is to be transferred to the state’s benefit in-kind. Regarding the Toyota Camry, the court ordered recovery of an amount equivalent to the value of the vehicle. This approach allows confiscation of the asset’s value even if the vehicle itself is not transferred to the state under the corresponding decision.Oleh Yashchuk previously held a senior position in the State Bureau of Economic Security — the agency that investigates offenses in the economic and financial spheres. The case concerns not a criminal conviction but a civil proceeding regarding the origin of property. A finding that assets are unjustified in such a procedure is not automatically proof that the official committed another criminal offense.

The case materials also mention real estate connected to Oleh Yashchuk in Dubai and Vienna. At the same time, the information released about the HAC decision regarding the two vehicles does not contain sufficient details to assert that the court decided to confiscate foreign real estate. The circumstances of its acquisition, value and legal status require separate verification through documents and official rulings.The key issue in such proceedings is the ratio of the property’s value to the official income of the official and the persons in whose names the assets are registered. Registering a vehicle in a third party’s name by itself does not prove illegality of its acquisition. However, actual use and control of the property, financing of the purchase and the absence of sufficient lawful income may be taken into account by the court when assessing the origin of the asset.The lawsuit in Oleh Yashchuk’s case was filed by the Specialized Anti-Corruption Prosecutor’s Office. Consideration of such claims takes place under the civil confiscation mechanism aimed at recovering assets whose lawful origin has not been confirmed according to legally established criteria. To apply this mechanism, the court evaluates the collected materials concerning the property’s value, sources of funds and the financial capabilities of the respective persons.Practical enforcement of the decision involves seizing the BMW X3 and the court-determined sum corresponding to the value of the Toyota Camry. The further course of the case will depend on the procedural status of the decision and possible appeal procedures, if the parties use appropriate grounds. Available information does not allow establishing whether the decision has entered into legal force or whether its enforcement has begun.