On November 28, the HACC Appeals Chamber finally closed all proceedings in the NABU case against Igor Kolomoisky, citing the “Lozovoy amendments” that established time limits for the pre-trial investigation before reporting suspicion.
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The Anti-Corruption Center reported that the decision was made by appeal judges Daniil Chernenkaya, Inna Kalugina and Nikolai Glotov. At the same time, Judge Glotov expressed a dissenting opinion each time.
The appeal revoked the bail and closed the proceedings against suspect Konopkina, and also closed the proceedings on petitions for warnings against suspects Lugovoy and Yakimenko.
The appeal also upheld the decision to close the proceedings on the request to seize the property of all six suspects: Kolomoisky, Dubilet, Shmalchenko, Lugovoy, Yakimenko and Konopkina, the Civil Prosecutor’s Office said.
In the petition to seize Kolomoisky’s property alone, we were talking about parts in the authorized capital of 307 legal entities worth more than UAH 3 billion, as well as almost 1,000 real estate properties and more than 1,600 vehicles and ships.
The seizure of assets was required to ensure possible confiscation or special confiscation in the event of a guilty verdict in the future. However, the court did not consider the request for arrests and preventive measures and closed the proceedings. According to the appeal, the investigation period in the case expired in May 2023. The judges came to this conclusion, citing Lozovoy’s “edits,” the Anti-Corruption Center noted.
The judges of the HACC appeal said that since Lozovoy’s “edits” were not canceled when making the decision, the court is forced to be guided by them, as well as by the practice of the Supreme Court.
After the appeal decisions, the case will most likely have to be closed.
Background
On September 7, NABU detectives, with the agreement of the head of the SAPO, informed the former ultimate beneficial owner of PJSC CB PrivatBank Igor Kolomoisky and five members of the group he organized about suspicion of embezzlement of bank funds worth more than UAH 9.2 billion.
The investigation stated that in January-March 2015, the ultimate beneficiary of the bank, at that time the head of the Dnepropetrovsk regional state administration, developed a plan to seize funds from PrivatBank for further financing of a controlled offshore company and increasing its own share in the authorized capital of the bank.
The NABU report states that for this, “the bank was artificially obliged to pay the specified controlled company more than UAH 9.2 billion under the pretext of allegedly repurchasing its own bonds at an inflated cost.”
On September 8, NABU and SAP arrested Kolomoisky’s assets. The petition to seize property concerned parts in the authorized capital of 307 legal entities worth more than UAH 3 billion, as well as almost 1,000 real estate assets and more than 1,600 vehicles and ships.
The seizure of assets was required to ensure possible confiscation or special confiscation in the event of a guilty verdict in the future.
On September 21, VAKS judge Oleg Tkachenko refused to allow SAPO prosecutors to seize Kolomoisky’s assets. Tkachenko’s decision was appealed by HACS.
Source: Racurs
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