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03.06.2019DCH Turns to Highest Law Enforcement Agencies to Institute Criminal Proceedings against Dmytro Svyatash for Abuse of Deputy’s Authority

DCH Group of Companies represented by Ukrainian Metallurgical Company LLC (UMC) filed a legal complaint to the Prosecutor General’s Office of Ukraine, the State Bureau of Investigation, the National Anti-Corruption Bureau of Ukraine against the people’s deputy of Ukraine of the eighth convocation Dmytro Svyatash on the grounds of his committing criminal offences. In this case UMC acts as a legal successor of UkrSibbank JSC being a creditor of the AIS Group whose co-founder and one of beneficiaries is Dmytro Svyatash, according to available information.

The document contains a request to conduct a thorough examination of the circumstances stated in the complaint as to presence in Dmytro Svyatash’s actions of any signs of crimes specified in Article 343 of the Criminal Code of Ukraine “Interference with Activities of a Law Enforcement Agency Officer, a Forensic Examiner, a State Enforcement Service Employee, a Private Executor” and Article 364 of the Criminal Code of Ukraine “Abuse of Authority or Office”. If the corresponding facts are established, DCH seeks that the Law Enforcement Agencies initiate a request to the Verkhovna Rada of Ukraine to lift immunity of Dmytro Svyatash and to agree to his being indicted.

The necessity to file the legal complaint to the Prosecutor General’s Office of Ukraine, the State Bureau of Investigation, the National Anti-Corruption Bureau of Ukraine is stipulated by the fact that Dmytro Svyatash is using undue influence on court and law enforcement agencies skulking behind his immunity as a people’s deputy while the investigation of the AIS Group’s defrauding the creditor of their monetary means is being conducted (Case No. 12013110000001043 of 16.10.2013). Information testifying to that has been regularly published by mass media. The latest example is the situation in the Prosecutor’s Office of Kyiv. According to the media, Dmytro Svyatash threatened one of the prosecutors because the latter was to give a notification of suspicion to the former people’s deputy and Mr. Svyatash’s AIS business partner Vasyl Poliakov within the framework of the mentioned above criminal case No. 12013110000001043. In the city of Kropyvnytskyi, eye-witnesses report on Dmytro Svyatash’s personal participation in an attempt at illegal takeover of a real estate unit that used to belong to AIS and was later handed over to the National Agency of Ukraine for Finding, Tracing and Management of Assets Derived from Corruption and Other Crimes and is currently being run by a manager appointed by this Agency. As can be seen from the information available in mass media, Mr. Svyatash accompanied unidentified athletically built individuals and communicated with police officers on their behalf. The fact testifies to his using the deputy’s authority for his personal advantage.

Moreover, Dmytro Svyatash was personally present in court which was to select a measure of restriction on the AIS director general Oleksandr Puhach. This was using undue influence on court as well. Besides, Mr. Svyatash systematically evaded satisfying court judgments and abused his procedural rights within the framework of cases on his personal obligations to UMC as successor creditor of UkrSibbank JSC.

The deputy appeals by Dmytro Svyatash on the AIS assets under distraint of 26.09.2018 and of 15.01.2019 testify to the conflict of interest and using the Ukrainian people deputy’s authority for the personal advantage. The proof of the real conflict of interest is a decision of the National Agency on Corruption Prevention on Dmytro Svyatash and penal sanctions applied against him in accordance with the decision of this Agency. The mentioned facts altogether testify that Dmytro Svyatash is the beneficiary owner of AIS and devotes his considerable attention not to his duties as a people’s deputy of Ukraine but to the illegal protection of his doubtful economic interests. The sort of abusing the people’s deputy office is systematic, longstanding and manifold. Correspondingly, it must be put an end to by the highest law enforcement agencies of Ukraine.

Earlier, the DCH management accurately informed the public about the situation with the debt at a press conference attended by representatives of the leading Ukrainian media. We would only like to remind you that the debt was accumulated in 2007–2008 when the co-founders and, to the best of our knowledge, the beneficiaries of AIS, Dmytro Svyatash and Vasyl Poliakov, were loan guarantors (solidary debtors), the loans being granted to their companies by UkrSibbank JSC. The balance due (that UMC has the right to claim at the moment) is approximately $ 100 million as of today including interest and fines. The scheme of the AIS beneficiaries’ persistent evading paying off their debt is based on the illegal withdrawal of security assets, fraudulent bankruptcies, documents forgery, procedural rights manipulation, miscarriage of justice, as well as Dmytro Svyatash’s abusing his people’s deputy authority. As a result, all the assets that were illegally withdrawn currently belong to the legal bodies whose final beneficiaries are Dmytro Svyatash’s immediate family: his parents Larysa Svyatash and Volodymyr Svyatash. At the same time, all the debts of AIS to other lending banks (Svedbank and VTB) were purchased by the legal bodies whose final beneficiary is a member Vasyl Poliakov’s immediate family, his sister Iryna Poliakova. The corresponding data are proved by extracts from the State register. During 2009–2017, UkrSibbank JSC and Dmytro Svyatash and Vasyl Poliakov had numerous negotiations on debt rescheduling, sometimes involving DCH. Yet, the debtors refused from fulfilling their obligations on this or that pretext. In 2017, UkrSibbank sold the AIS debts pool to DCH Group of Companies. Legal proceedings arising from the action filed by UkrSibbank as the initial creditor and UMC as the successor creditor concerning the debt recovery are still going on. In accordance with the ruling of the court, the AIS property is now partially supervised by the National Agency of Ukraine for Finding, Tracing and Management of Assets Derived from Corruption and Other Crimes. On September 6, 2018, Vozdvyzhenka Housing Company LLC was appointed manager of the distrained assets under conditions of the law.

Thus, Mr. Svyatash and the AIS Group’s public accusations of DCH are not based on any facts which has been repeatedly stressed. They can be considered to be mere attempts of the evident beneficiaries of the business entity to evade their debt obligations.

 

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