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October 18, 2023The disproportionately lenient sentence given to former minister Nikolay Zlochevsky in a high-profile case involving a record-breaking bribe suggests that he managed to avoid real punishment by making “donations” to the Ukrainian Armed Forces.
This was revealed in an investigation that examined how the highly publicized criminal case concluded in 2023, with Zlochevsky essentially escaping punishment for a $6 million bribe.
Instead of imprisonment and asset confiscation, Zlochevsky was fined 68,000 hryvnias (UAH).
“None of the four individuals involved in the case went to prison. None had their property confiscated. All of them received very mild sentences. At the same time, they collectively contributed approximately 855.5 million hryvnias to the Armed Forces,” the investigation states.
This has led journalists to doubt whether the true reason for Zlochevsky’s sentence reduction was ever publicly disclosed.
It also sheds light on a wider issue in Ukraine where, recently, criminals are escaping real sentences and retaining their wealth instead of facing asset confiscation. This is happening due to a practice where the size of one’s wallet allows criminals to buy their way out of punishment by satisfying the “public interest” with certain financial contributions.
In Zlochevsky’s case, in March 2023, the prosecution changed the charges from bribery to abuse of power. The Specialized Anti-Corruption Prosecutor’s Office claims that they amended the charges because they realized, during the trial, that they lacked sufficient evidence. They decided to protect the case from an acquittal. According to the prosecution, their evidence indicated that Zlochevsky was unaware of the ultimate recipients of the funds, was not involved in negotiations, and relied on intermediaries.
However, journalists remain skeptical about the true reason behind the reduction of charges. They believe that the sentence might have a classified aspect, related to a deal made with the authorities.
Less than a month after the charges were modified, on March 30, 2023, the former minister made his first transfer to the Armed Forces. A second transfer occurred on May 10th.
In particular, Zlochevsky transferred 500 million UAH to the Armed Forces. An additional 160.56 million UAH was contributed by a company controlled by Zlochevsky’s relatives, presumably in the form of equipment rather than money.
In July 2023, Zlochevsky signed an agreement with a prosecutor, with his representation in Kyiv handled remotely by his lawyer. In August, the Anti-Corruption Court approved the agreement, imposing a maximum fine of 68,000 UAH, as stipulated by the new charge.
“Is the donation to the Ukrainian Armed Forces a way to buy his way out of punishment? This is far from the only question surrounding Zlochevsky’s case, but it is certainly the most prominent one,” the article states.
It’s noted that the decision in favor of a deal in Zlochevsky’s case raises concerns, as the former minister has previously resolved legal issues through financial means on multiple occasions.
The verdict against the former Minister of Ecology, Nikolay Zlochevsky, was unjustifiably classified. Ukrayinska Pravda (UP) managed to obtain the text of the verdict from its own sources.
“What is known about the record bribe in the NABU and SAP regarding the ‘Zlochevsky case’
In June 2020, the NABU (National Anti-Corruption Bureau of Ukraine) and the SAP (Specialized Anti-Corruption Prosecutor’s Office) thwarted an attempt to deliver an unprecedented $5 million bribe to the leadership of anti-corruption agencies in exchange for closing a case related to the issuance of loans by oligarch Kurchenko’s ‘Real Bank.’ An additional $1 million was meant for the intermediary-tax collector Ilyashenko. Other intermediaries in the case included lawyer Kicha and the former head of one of the departments at the State Fiscal Service (GFS), Mazurova. The funds transfer was organized by the former Minister of Ecology during Yanukovych’s time, Nikolay Zlochevsky.
On April 19th, at the initiative of NABU and SAP, the High Anti-Corruption Court allowed the lifting of the arrest on these funds. The sum of $5.95 million USD (over 170 million UAH according to the NBU exchange rate) has already been allocated for the needs of the country’s defense.
Over the past three years, there have been several attempts to shield Zlochevsky from prosecution and even leave him without a criminal record. Initially, the Pechersk Court was involved, through which an attempt was made to take the case away from NABU. Subsequently, through the Specialized Anti-Corruption Prosecutor’s Office (VAKS), they sought retribution against the judge who allowed for an in-absentia investigation of the former minister. Later on, VAKS itself returned the indictment, which could have buried the case due to the expiration of the investigation period. However, an appeal prevented this.
As a result, all the accused received guilty verdicts and convictions, but no one went to prison. At the same time, the case generated approximately 1 billion UAH for the needs of the military.”