VAKS approved a plea agreement with a figure in Kropachov’s coal case: he will testify against the organizers

VAKS approved a plea agreement with a figure in Kropachov’s coal case: he will testify against the organizers and the lower-tier participants in the scheme.

The editorial team of 368.media learned this from criminal proceeding No. 42017000000000518.

The name of the accused is not being disclosed, but the media reported that it is the director of LLC Ukrainian Broker, Oleksandr Dyrda.

This is one of the proceedings in the so-called coal case of businessman Vitaliy Kropachov. According to NABU and SAP, in 2016–2018 years the criminal organization effectively controlled the procurements of three state coal-mining enterprises — Shakhtoupravlinnia Pivdennodonbanske No.1, Selydivvuhillia, and Myrnohradvuhillia. In 69 procurements where the investigation established violations, contracts were awarded mostly to a single company — LLC Donenergoexport. The total amount of purchases at inflated prices reached nearly 174,5 million UAH, and the unlawful overpayment exceeded 51,17 million UAH.

According to the indictment, the organization was created in August of 2016. It had a clear three-tier hierarchy:

First tier (Kropachov and an unidentified person) — overall leadership, finding participants, coordinating actions, allocating roles and profits. Materials concerning them have been separated into a distinct proceeding.

Second tier (director of LLC Donenergoexport Valentyn Hornostaiev and Oleksandr Dyrda) — organizing the work of controlled enterprises, determining the “entry” price and markup amount, preparing tender proposals, finding actual suppliers. Dyrda was responsible for work in the Prozorro system and had access to the bank accounts of one of the companies.

Third tier — members of the tender committees of the state enterprises (chairs, secretaries, committee members of Selydivvuhillia, Myrnohradvuhillia, and Pivdennodonbanske). They received agreed conditions, announced procurements, rejected “incorrect” proposals, and ensured the victory of controlled firms. Some of them have already been convicted under agreements (in particular, Myrnohradvuhillia committee secretary Tetiana Ruda).

The main supplier was LLC Donenergoexport. To create the appearance of competition they used “support companies”:

– LLC Trialtrade (a nominal director who was involved in September of 2016; the incorporation documents and seal were effectively held by the organization);

– LLC Universal Invest-Stroy (a nominal director since March of 2017);

– others, including LLC Febrero.

Goods were actually shipped by real manufacturers (for example, Veles Met, AV Metal Group, Smart-Prime 1), but were documented through intermediaries at inflated prices. The organization’s leaders convinced potential suppliers that “payments would be made only to those who are in the system and are the right ones,” and that all matters had to be “agreed with Kyiv.”

Dyrda was found guilty of creating and participating in a criminal organization, as well as of misappropriation of property of state enterprises on a particularly large scale (part 4 of art. 28, part 5 of art. 191 and part 1 of art. 255 of the Criminal Code of Ukraine).

Part of the court hearing was held behind closed doors because Dyrda intends to give incriminating testimony regarding the first and second tiers. The prosecutor stated in court that the accused himself did not receive material remuneration from the scheme.

Dyrda fully admitted guilt and undertook to partially compensate the damage in the amount of 1 million UAH. The court imposed a final sentence of 7 years of imprisonment with deprivation of the right to hold positions related to public procurements for 3 years. He was released from serving the main sentence with probation for a probationary period of 3 years. Asset confiscation was not applied.

The arrest on Dyrda’s property (BMW X5, Nissan Micra, Honda Civic, an apartment, and a non-residential premises), imposed in 2020, will be lifted after the verdict takes effect. The bail in the amount of 1,26 million UAH will be returned to the pledgor.

The verdict may be appealed to the VAKS Appeals Chamber taking into account the restrictions on plea agreements. Materials regarding other participants, including the first-tier individuals, are being considered separately.