In 2014, Ukraine experienced turbulent and dramatic events. What was the outcome? The country changed, but the state remained! Faith in the rule of law, in fair courts, and in a just investigation has not increased in modern Ukraine.
Citizens' patriotic feelings, their outrage at the arbitrary rule of the previous government and foreign aggression, are being exploited by cunning officials for their own enrichment, the expropriation of competitors' businesses, and the preservation of the rules against which Ukrainians rebelled. What did they fight for? Politicians and officials, both new and old, are making excellent use of these tried-and-true schemes, even perfecting them.
We came to these disappointing conclusions after investigating a complex story involving 9,7 tons of petroleum products belonging to Vostok LLC and seven tank cars (416,163 tons) belonging to TNK Industries-Ukraine LLC.
These goods were blocked at the Vasylkiv oil depot in July by a decision of the Pechersky District Court of Kyiv. The decision was prompted by a criminal case against completely different defendants, namely, an investigation into unlawful actions by officials of the East European Fuel and Energy Company (VETEK) group of companies.
Allegedly, the investigation had reason to believe that the seized petroleum products were purchased from structures controlled by the fugitive “young oligarch” Kurchenko.
In fact, this is not true. TNK Industries-Ukraine LLC did purchase a small shipment of gasoline from GazUkraine-2020 in 2013. However, this transaction accounted for only 0,3% of the volume supplied by Kurchenko's companies to the Ukrainian market.
But even if the gasoline had been purchased from Kurchenko, what difference would it have made? Under the "late Yanukovych" regime, the market system was structured in such a way that it was impossible to circumvent the "empire" of the "Family," whose avatar featured the face of a former courier. All market participants bought from Kurchenko.
At the same time, taxes on purchased fuel were paid into the Ukrainian budget. Vostok, for example, contributed 77,7 million hryvnias to Ukraine's treasury in 2013. Perhaps the problem is that some market participants misplaced their suitcases of cash? And they paid with their businesses, like Lukoil, or with fuel, like TNK.
And someone, hiding behind a smokescreen of hysteria, simply stole about 200 million hryvnias from competitors, simultaneously slipping a fat fig under the door of the state treasury instead of paying taxes and fees.
There's no doubt that the petroleum products blocked in Vasylkiv were subsequently stolen. And not just stolen, but stolen with the help of courts, law enforcement agencies, and even a company controlled by the Ministry of Fuel and Energy.
In short, the diagram looks like this:
1. First, a noise effect is created: Kurchenko's gasoline has been detected! A decision is made to "block" the petroleum products.
2. All attempts by the owners (lawsuits, letters to officials, including ministers and the president himself) to achieve, if not justice, then at least a thorough investigation of the case, are ignored.
3. By court order, petroleum products from the Vasylkiv depot (and, surreptitiously, from the Kherson depot) are being transferred to the state-owned enterprise Ukrtransnaftoprodukt. In reality, they are being confiscated for the benefit of this company, for storage and sale. The fact that sale is not stipulated by Ukrtransnaftoprodukt's statutory documents is not a problem. It won't sell them, as further developments will show.
4. The staff of the Vasylkiv oil depot, leased by Vostok LLC, are being removed from control of the facility through a hostile takeover involving police and members of the Kyiv-1 Battalion. Thus, the fuel owners are being "pushed away" from their property not only legally but also physically.
5. Tankers belonging to fuel retailers are appearing at the gates of the Vasylkiv oil depot, claiming to have purchased their goods from sellers affiliated with the Factor group of companies. Moreover, they're buying at below-market prices. Why skimp? It's better to sell the stolen goods quickly, lest the system malfunction and someone else be found who can figure out the scam.
The only link in this chain that hasn't been fully uncovered is how the fuel transferred to Ukrtransnaftoprodukt ended up in Factor's possession. Perhaps this is because, as those in the know claim, MP Pashinsky and some officials from the Ministry of Fuel and Energy are connected to both companies?
Only after the scheme was implemented did the injured party have a glimmer of hope for justice, embodied in the recent ruling of the Vasylkiv Court, which, at a hearing on December 18, upheld the complaint of TNK Industries-Ukraine LLC against the inaction of the Vasylkiv Interdistrict Prosecutor of the Kyiv Region. The prosecutor's failure to enter information about the commission of a crime into the Unified Register of Pre-Trial Investigations, based on TNK Industries-Ukraine LLC's report No. 01890 of November 14, 2014, was deemed unlawful.
This story is very revealing and instructive. However, it raises more unpleasant questions than satisfactory answers, from a societal perspective.
We hear a lot about reforms, the European path of development, and the new government. But tell me, does the story we've been told provide any basis for saying that anything has changed in the country since the change of power?
Does the government really intend to implement reforms? Will the country ever have courts that resolve disputes rather than serve the business interests of those in power?
Will Ukraine ever stop using specialized ministries, the police, and the prosecutor's office to eliminate competitors from the market? Or, conversely, will they add the National Guard to this list?
Finally, returning to the story, will anyone answer whose pockets the stolen money ended up in? Who will compensate the businessmen and the budget for the losses?
How long will officials continue to attach their corrupt pumps to oil tankers?
Sergei Bondarchuk, Elite of the Country
Subscribe to our channels on Telegram, Facebook , Twitter , VK - Only new faces from the SKLEP section!