August 19, 2024 11:44
HACC Acquits Director of Izium Instrument-Making Plant Serhii Filonenko
On August 19, 2024, the panel of HACC judges consisting of Vitalii Dubas, Yevhen Kruk, and Olena Tanasevych found Serhii Filonenko not guilty of obtaining an improper advantage since there was no material substance of a crime in his actions.
What is this case about?
According to the investigation, in September 2016–January 2017, Filonenko received a bribe of more than UAH 2.44 million from Optimumspetsdetal LLC. For this amount, the head of the Izium plant was to conceal fraud with payment for the supply of military goods in favor of this company.
The Izium Instrument-Making Plant is part of the State Concern Ukroboronprom; in respect to it and Optimumspetsdetal LLC, several corruption cases have been opened. In particular in February 2019, Bihus.Info journalists published the very investigation featuring Oleh Hladkovskyi, former Deputy Secretary of the National Security and Defense Council, and Pavlo Bukin, ex-head of Ukroboronprom.
The public then learned about the correspondence between Serhii Filonenko and Vitalii Zhukov, which allegedly discussed a bribe from Zhukov to Filonenko as well as the currency in which the kickback was to be transferred. This is precisely what was said in the encoded phrases: “I transferred the candies” and “Are the candies in a green or gray wrapper?”
According to the investigation, in September 2016–January 2017, Filonenko received a bribe of more than UAH 2.44 million from Optimumspetsdetal LLC. For this amount, the head of the Izium plant was to conceal fraud with payment for the supply of military goods in favor of this company.
How was the case heard?
The NABU and the SAPO served Filonenko with a suspicion notice on October 25, 2022; less than six months later, on February 23, 2023, the SAPO transferred the indictment to the court.
The prosecutor asked to impose the following sentence on Filonenko: 10 years of imprisonment with deprivation of the right to hold certain positions and confiscation of property.
The defense insisted on Filonenko’s innocence. According to the defense counsel, there was no corpus delicti in Filonenko’s actions, and the economic relations between Optimumspetsdetal LLC and the Izium Instrument-Making Plant were absolutely legal. In addition, according to the defense counsel, the term of pre-trial investigation in this case expired in April 2022, and the proceedings should have been closed even earlier based on Article 284, part 1, clause 10 of the CPC of Ukraine.
Moreover, the NABU and the SAPO believe that Filonenko lied in his 2020 declaration. He failed to mention an apartment in Bulgaria owned by his wife, and the cost of this property in 2020 was UAH 1.33 million. However, part of the case regarding false declaration was closed due to the expiration of the statute of limitations.
Filonenko may file an appeal against the verdict of the HACC within 30 days from the day the verdict was pronounced.
The prosecutor asked to impose the following sentence on Filonenko: 10 years of imprisonment with deprivation of the right to hold certain positions and confiscation of property. The defense insisted on Filonenko's innocence.
