The Ukrainian Parliament has published a document on the embezzlement of humanitarian aid

An interesting document has appeared on the Parliament’s website – the findings of the temporary investigative commission of the Verkhovna Rada of Ukraine regarding the investigation of possible abuses with humanitarian aid.

The commission worked for a year, examining compliance with legislation in the receipt, distribution, and transportation of humanitarian and other assistance, as well as the effective use of state property that could have been used for the benefit of internally displaced persons.

The commission’s findings have been published across 88 pages, and they are predominantly disheartening.

The temporary investigative commission concluded that the regulatory acts of the Cabinet of Ministers of Ukraine, which regulate the procedures for the import, storage, and distribution of humanitarian aid, contradict the Law of Ukraine “On Humanitarian Assistance” and, in some cases, effectively nullify the provisions of this law.

The commission found that there is no single responsible body or coordination body with a clear list of duties regarding humanitarian aid.

Numerous violations in the accounting of humanitarian aid were documented in regional military administrations, both in terms of its receipt by military administrations and its transfer and distribution among end users. This has led to the loss or damage of cargo with humanitarian value and misuse regarding the importation of vehicles into Ukraine as humanitarian aid. Unjustified expenditures from state and local budgets for the acquisition of material assets that could have been used for humanitarian purposes were also noted.

It was revealed that under the conditions of significant inflows of humanitarian aid into Ukraine, proper control was lacking. Instances were recorded where legal entities not included in the list of end recipients ended up receiving humanitarian aid.

The commission notes that there is effectively no reporting on the use of property subject to compulsory alienation, which can lead to the misappropriation of such property and the unlawful enrichment of individuals through its sale.

The commission provides an example with statistics from the National Police (as of May 2023) regarding the effectiveness of pre-trial investigations of criminal proceedings related to unlawful actions with humanitarian aid, charitable donations, and gratuitous assistance.

It turns out that only 21% of criminal proceedings resulted in suspicions (157 criminal proceedings), and of those, only 36% led to charges being filed with the court.

The temporary investigative commission also noted that the National Police did not provide information and characteristics of individuals who committed such criminal offenses. For example, it is unknown how many cases were initiated regarding abuses by officials of state authorities, local self-government bodies, state or municipal enterprises, institutions, or organizations.

“The above may indicate the inefficiency of pre-trial investigations by investigative authorities and procedural guidance by the prosecutor’s offices in criminal proceedings of this category, with the registration of criminal proceedings primarily targeting volunteers, public, and charitable organizations,” the report states.

In August 2023, the commission held a session where representatives of law enforcement agencies were heard. The Office of the Prosecutor General reported the following:

As of the date of the commission’s session, the National Police has 424 criminal offenses under a specialized article of the Criminal Code of Ukraine and over 200 more criminal offenses in this sphere initiated under other qualifications (fraud, misappropriation, embezzlement of property, theft, bribery, etc.).

186 individuals have been suspected, and 86 accusatory acts have been sent to court. In total, 35 verdicts have been issued.