People's Deputy Aleksandr Dubinskyi demanded that the National Anti-Corruption Bureau open criminal cases against the management of the state concern Ukroboronprom, including the former ex-director Aivaras Abromavicius, for the illegal seizure of property from state-owned enterprises belonging to the state concern. An official statement was sent to NABU.
Dubinskyi demands the opening of cases under three articles of the Criminal Code:
• Art. 113 - Sabotage: punished with imprisonment for 10-15 years with confiscation of property;
• Art. 191 - Misappropriation of property, embezzlement, or seizure by abuse of official position: punishable by imprisonment for 5-8 years, depending on the severity;
• Art. 364 - Abuse of power or official position: punishable by imprisonment for a term of 6 months to 6 years, depending on the severity.
The deputy has found out that Ukroboronprom re-registered the property of state-owned enterprises of the military-industrial complex of strategic importance, namely:
• State Enterprise Plant named after Malyshev;
• State Enterprise Kharkiv Design Bureau of Mechanical Engineering named after O.O. Morozov;
• State Enterprise Scientific and Production Complex of Gas Turbine Construction Zorya - Mashproekt;
• State Enterprise Zhytomyr Armored Plant;
• State Enterprise Lviv State Aviation Repair Plant, etc.
To understand the scale of the abuse, it is enough to look only at the history of the State Enterprise Plant named after Malyshev, where 67 non-residential premises used in production were re-registered from September 2019 to October 2020. Moreover, the charter of the plant prescribed a ban on the alienation of real estate, and another property is allowed to be alienated only on the basis of a procurement procedure.
All of it acquired a massive scale after the appointment of Aivaras Abromavicius as the general director of the Ukroboronprom Group of Companies on August 30, 2019. Together with his colleagues, he should be held liable for a direct violation not only of the charters of state-owned enterprises included in the state concern but also for violation of the current legislation.
According to Art. 7 of the Law of Ukraine "On the Peculiarities of Management of State Property Objects in the Defense Industrial Complex", the state concern is prohibited from alienating property used in the manufacturing from state defense enterprise. The capabilities of Ukroboronprom are clearly stated in this document:
• to give consent to the alienation and write-off of state property management objects in the defense-industrial complex of the Concern's participants;
• to make a decision on the further use of state property that is not included in the authorized capital of business entities formed in the process of the corporatization of the Concern's participants;
• to coordinate the conclusion by the Concern participants of agreements on joint activities, according to which real estate is used, which is in their economic jurisdiction or operational management;
• to identify state property that is temporarily not used by the Concern and its participants, and make proposals for its further use;
• to ensure, in the prescribed manner, the inventory of the property of the Concern and its participants;
• to provide the members of the Concern with consent to lease of state property and proposals on the terms of the lease agreement, which should ensure the efficient use of the leased property.
It means that Ukroboronprom has no authority to alienate the property of state-owned enterprises in its favor. There is a clear violation of the current legislation. Thus, there are visible signs in such actions that the purpose of the management of Ukroboronprom is to deprive the enterprises of the defense complex of assets, and possibly their further bringing to bankruptcy.
In its regard, law enforcement agencies should conduct an objective investigation, and the perpetrators should be brought to justice. That is why MP Dubinskyi has submitted an appeal to NABU.
Andrey Pshenichnyi for dubinsky.pro