Law enforcement officials are preparing a "judgment day" for Vyacheslav Nepop's subordinates // KV collage
Two former deputy directors of the Spetszhilfond municipal enterprise may soon be sentenced for official negligence. The National Police are accusing their subordinates. Vyacheslav Nepop (in the collage on the right) is that the capital's budget lost 495,5 hryvnias due to inflated costs for the installation and replacement of utility lines in the Holosiivskyi and Solomyanskyi districts of Kyiv. The excavator operator, VLD Group LLC (the company that implemented these projects), managed to "get away with it" only thanks to compensation for losses from Spetszhilfond, writes KyivVlast.
As KV has learned, on August 17, 2022, the Podolsk District Court of Kyiv dismissed Andriy Kuchmienko, former director of VLD Group LLC, from liability for violations during work commissioned by the Spetszhilfond public utility company.
The individual was accused of committing a crime under Part 2 of Article 367 of the Criminal Code of Ukraine (official negligence resulting in grave consequences). She faced a prison sentence of up to five years. The official basis for her release from liability was so-called "effective repentance": VLD Group LLC transferred monetary compensation for damages in the amount of 495,500 hryvnias to the accounts of the Spetszhilfond State Enterprise.
The investigation into all the circumstances of this crime was carried out within the framework of criminal case No. 42020101070000225, opened by the Podolsk Department of the National Police of Kyiv on September 18, 2020.
What violations are we talking about in the activities of Vyacheslav Nepop?
As stated in one of the court decisions In this case, investigators were interested in the performance of work under 4 contracts, which were concluded Between the Spetszhilfond municipal enterprise and VLD Group LLC between 2018 and 2020. Under these agreements, the company agreed to relocate and install external utility lines along Motorny Lane and Nauky Avenue in the Holosiivskyi district and along Kachalova Street in the Solomyanskyi district of Kyiv. The contracts also provided for the construction of additional clean water tanks, a distribution point, and transformer substations. The total cost of the work under these agreements is expected to be UAH 227,1 million (under some agreements, the cost of the work was reduced during the implementation process. — KV).
These works, it seems, were carried out as part of the construction of two residential complexes (RC), in which the Spetszhilfond municipal enterprise participated. Residential Complex "Native City" on the street Kachalova, 40 (a joint project with KP "Zhilinveststroy-UKB" and "ISK-Gorizont") and unnamed Residential complex in Motorny Lane, 9, 9-A (This facility was built jointly with the State Enterprise "Zhilinveststroy-UKS").
Subsequently, between 2018 and 2020, following the completion of these contracts, certificates of completion were signed between the Spetszhilfond municipal enterprise and VLD Group LLC, which served as the basis for the transfer of funds to the company. Investigators established that these documents inflated the cost of construction work, resulting in a loss of 495,5 hryvnias to the capital's budget. Investigators believe this was due to the negligent performance of duties by officials of the municipal enterprises and LLCs.
It's noteworthy that during the court hearing of this case, representatives of Spetszhilfond attempted to prove to the court that their enterprise was not the injured party, since, allegedly, "no harm was caused to the enterprise." They also pointed out that in May 2022, Spetszhilfond filed a claim with the Kyiv Commercial Court for UAH 2,8 million in debt from VLD Group LLC—this claim relates to a specific debt incurred under only one of the four contracts.
What this has to do with the inflated cost of work in the other three transactions is a big question. As KV established, in fact, the Spetszhilfond municipal enterprise intends to The claim was made because VLD Group LLC received an advance payment for the work but failed to "cover" this payment with the corresponding certificates of completion. In other words, it failed to complete or prove completion of the work for the specified amount. It seems that Spetszhilfond KP was attempting to use this lawsuit to protect the company's management from criminal prosecution. However, this plan failed.
Screenshot of the court's ruling on the proceedings dated August 17, 2022
Let us note that on July 27, 2022, the Kyiv City Prosecutor's Office reported The indictments in this case against two former deputy directors of the state-owned enterprise "Spetszhilfond" have been submitted to court. They are charged with official negligence (Part 1 of Article 367 of the Criminal Code of Ukraine), a more lenient offense that carries a maximum penalty of up to three years of restricted freedom. The exact officials in question are still unknown: their names are not listed on the prosecutor's office website or in the state registry of court decisions.
Dramatis personae
According to the Youcontrol analytical system, Kharkiv LLC "VLD Group" was registered in February 2016. Currently, the company's director, founder, and ultimate beneficiary are listed as Olga Malyashova, a resident of the village of Shevchenko in the Slavuta district of the Khmelnytskyi region. She has officially held all these positions since the end of 2020. From its inception until the transfer of ownership of this LLC to Olga Malyasheva, its ultimate beneficiary was Kyiv resident Yaroslav Grechko, and the aforementioned Andriy Kuchmienko served as the company's director from June 2018 until Malyasheva's appointment.
VLD Group LLC is no stranger to the capital's authorities. Over the course of its existence, it has received funding from entities accountable to the Kyiv City State Administration (KCSA). 84 contracts for approximately 800 million hryvnias. Among this company's main "clients" are the aforementioned "Spetszhilfond" municipal enterprise, the "Management Company for Housing Maintenance of the Shevchenkivskyi District" municipal enterprise, the "Solomenka-Service" municipal enterprise, the Housing and Communal Services Department of the Shevchenkivskyi District State Administration in Kyiv, and others.
Law enforcement officials continued to focus on how VLD Group LLC was using the budget funding provided to it. For example, in September 2021, the Solomensky Department of the Kyiv National Police opened criminal proceedings An investigation has been launched into the possible embezzlement of funds paid by Kyivteploenergo to the aforementioned company for the overhaul of a section of the heating network on Antonovo Street. According to preliminary reports, due to inflated costs for these works, the contractor was overpaid by 1,5 million hryvnias. Based on the results of this investigation, law enforcement officials have already prepared indictments. Vasyl Derevytsky, the head of a Kyivteploenergo division, Andriy Kuchmienko, and other defendants in the case may soon face convictions for embezzlement, forgery, and negligence.
Let us recall that since March 2016, the Spetszhilfond municipal enterprise has been headed by Vladimir Shariy (Since February 2015, he has served as deputy director of this enterprise, pictured on the left in the collage). During the previous, eighth convocation of the Kyiv City Council, Shariy was a member of parliament representing Solidarity and served on the City Council's standing committee on urban development, architecture, and land use.
Shariy's subordinates have repeatedly become subjects of investigations. For example, in July 2022, the Kyiv prosecutor's office filed an indictment against Anatoliy Volkovskiy, the first deputy director of the Spetszhilfond municipal enterprise, for embezzlement of approximately 760 hryvnias during the construction of Kindergarten No. 536 at 35 Bakhmachska Street (Svyatoshinsky District). As KV reported, during this investigation, law enforcement officers were unable to find several documents crucial to the case during searches of the Spetszhilfond municipal enterprise and also discovered that Volkovskiy holds Russian citizenship.
The said municipal enterprise is subordinate to the Department of Construction and Housing of the Kyiv City State Administration, which has been headed by Boris RabotnikFrom March 22, 2016 to October 25, 2019, this department was headed by Konstantin Fedotov, and from October 25, 2019 to July 1, 2020, Vladimir Denisenko, from July 1, 2020 to December 14, 2020 - Sergey Martynchuk.
Since 2018, the activities of this department have been overseen by Vyacheslav Nepop, Deputy Chairman of the Kyiv City State Administration. Nepop is known as the former director of the municipal enterprise Zhilinveststroy-UKB (from 2002 to 2018) and a member of the 4th, 5th, 7th, 8th, and current 9th convocations of the Kyiv City Council (he was elected in the last elections from the Kyiv mayor's party). Vitali Klitschko "HIT").
DOSSIER: Vyacheslav Nepop: A "flayer" from Kyiv's construction mafia. Part 1
The former head of Spetszhilfond, suspected of apartment fraud, has been released on bail.
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