General Prosecutor of Ukraine
from the deputy of Ukraine
Chornovil Tetyana M.
who lives at:
Kyiv region, Boryspil district
Report a crime
in the manner of Article 214 of the Criminal Procedural Code of Ukraine
The Investigative Department of the Department of International Legal Cooperation of the Prosecutor General’s Office of Ukraine conducts a pre-trial investigation into the criminal proceedings No. 12013220540000400 on the fact of the creation in February 2010 of a criminal organization by the leadership of the former President of Ukraine Viktor V. Yanukovych for the purpose of committing grave and especially grave crimes, committing such crimes. In the period from 2010 to the present time on the territory of Ukraine and other states, as well as legalization (laundering) of proceeds from crime, including the use of annyam controlled enterprises-residents, on the grounds of criminal offenses by Part 1 of art.255; Part 4 of Article 28, Part 5 of Art. 191; Part 4 of Article 28, Part 3 of Article 209 and other articles of the Criminal Code of Ukraine.
Pre-trial investigation in the mentioned criminal proceeding is carried out on the fact of the creation and operation of a criminal organization by the leadership of the former President of Ukraine Viktor Yanukovych, which includes Yanukovych O.V., Azarov M.Ya., Arbuzov S.G., Pshonka V. P., Pshonka AV, Klimenko O.V., Zakharchenko V.Yu., Bakulin Y.M., Borisov Yu.S., Tamrazov O.G., Kurchenko S.V. and other individuals.
It was established that during the period of 2010-2014 the participants of the aforementioned criminal organization as a result of criminal activity received at their own disposal financial resources at the amount of more than 40 billion US dollars.
Acting to hide sources of illegal origin of funds, disguising the fact of possession of rights to funds and other assets, Arbuzov S.G., Kurchenko S.V. and other participants of a criminal organization developed, organized and provided activity of systemic schematic diverse of the financial transactions and transactions with funds and other property obtained by criminal means, thus masking and concealing the source of the origin of such assets and the facts of their possession by a criminal organization.
In particular, in one of the days at the end of April 2011, Arbuzov S.G. and Kurchenko S.V. planned and agreed with Viktor Yanukovych and other participants of the criminal organization the scheme of legalization (laundering) of the proceeds from crime through the commission of the financial transactions and transactions for the acquisition of securities by their control nominees securities – government bonds of Ukraine (hereinafter – bonds) in order to legally highly profitable and highly guaranteed income as a result of currency fluctuations of the national currency of Ukraine and the preservation of their foreign currency assets in one of the most secure and liquid forms of government securities.
For the purchase of government bonds Arbuzov S.G. and Kurchenko S.V. used the controlled business entities – residents, especially companies Wonderbliss Ltd., Sabulong Trading Ltd., Opalcore Ltd., Akemi Management Ltd., Wellar Investments Inc., Quickpace Ltd., Loricom Holding Group Ltd., Katiema Enterprises Ltd., Kviten Solution Ltd., Aldoza Investments Ltd. and others having accounts in banking institutions of the Republic of Latvia and Ukraine.
According to the decisions of the Ukrainian courts, more than 40 participants of the criminal organization were subjected to court and found guilty of committing the above-mentioned crimes. As for a number of other participants, the investigation is still ongoing.
Including by court decisions, certain persons were found guilty of legalizing (laundering) the funds of a criminal organization by Viktor V. Yanukovych. and to the assets of the organization in the form of government bonds, a special confiscation procedure was applied to the amount of $ 1,317,195,695 US and 1,845,592 UAH.
Thus, the verdict of the Kramatorsk City Court of Donetsk region dated on March 28, 2017 in the criminal proceedings No. 42017051110000036 according to Articles 1 art.255; Part 4 of Article 28, part 3 of Article 209 of the Criminal Code of Ukraine condemned an active participant in a criminal organization Viktor V. Yanukovych, whose actions were directed by Kurchenko S.V. and Arbuzov S.G. This person was directly involved in the creation of one of the key organizations of the organization to cover illegal activities, as well as to legalize (laundering) the proceeds of crime.
The specified sentence applied special confiscation of the balances on securities accounts (domestic government bonds), cash in UAH and US dollars, which were on the date of the verdict of the court on the accounts of 23 companies of the criminal organization at PJSC “State Savings Bank of Ukraine” and AS PrivatBank (Republic of Latvia).
The specified sentence is corrected with the decision of the court of Ziemel district of Riga city, the Republic of Latvia in criminal proceedings No. 11816009315, which recognizes that the funds in the accounts of companies Fincorp Resources LLP, Pialesko Limited, Opalcore Limited, Wellar Investments Inc., Quickpacc Limited, Loricom Holding Group Limited, Canyon Capital Inc., Foxtron Networks Limited, Akemi Management Limited, Kviten Solution Limited, Katiema Enterprises Limited, Japelion Limited, Aldoza Investments Limited, Erosaria Limited, Wonderbliss Limited, Sabulong Trading Limited and others are property which acquired in a criminal way, have a criminal origin, that are part of the budget of Ukraine, and are connected with the investigation of criminal acts of Arbuzov S.G. and other persons, as well as no other persons who would have legal rights to this property.
In order to comply the verdict of Kramatorsk Court of Donetsk region on April 28, 2017, the State Treasury Service of Ukraine from accounts of PJSC “State Savings Bank of Ukraine” included 1 117 273 659 USD and 1 845 592 UAH, as well as confiscated securities with a total amount of 199 917 pieces which cost $ 199,917,000.
Currently, the criminal organization of Yanukovych V.F., which includes Arbuzov S.G., Kurchenko S.V. and other participants, continues its activities in the territory of Russian Federation, by the supervision of the Federal Security Service of Russian Federation.
Along with this, at the beginning of May 2017, Arbuzov S.G. and Kurchenko S.V. planned actions on the seizure of funds which confiscated to the budget of Ukraine on the basis of the aforementioned court verdict, while concealing the role of the actual beneficiaries of non-resident companies, whose assets have been subject to a special confiscation procedure by the court.
Kurchenko S.V. and Arbuzov S.G. attracted several people for the purpose of committing a crime, including a former citizen of the Russian Federation Fucksa Pavel Yakovich, dated on 27.10.1971, and a former citizen of Ukraine Semen Zusovich Kislin, on December 1, 1935 (a native citizen of Odessa city (Ukraine), who got US citizenship and changed his name to Semion Kislin. At present, S. Kislin is registered at: 1965 Broadway, New York, NY, 10023-5928 C, the owner of the US resident company Trans Commodities New York, Inc. “).
It was established that Fucks P.Ya. and S. Kislin interact with representatives of criminal groups which is operating at the territory of Russian Federation and whose activities are carried out by the supervision of the Federal Security Service of the Russian Federation.
In particular, Fucks P.Ya. interacts with the representatives of the OGG “Podilska” and OGG “Luzhnikovskaia” that is operating at the territory of the Russian Federation, Ukraine and other countries. It uses their influence and resources to jointly conduct business and invest in projects with the purpose of legalization of funds that has the criminal origin.
Kislin has interacted with representatives of the OGG “Izmailovska” since the 1990s – an organized of the criminal group operating at the territory of the Russian Federation, Ukraine and other states. Since 2002, S.Kislin has been acquainted with V.F. Yanukovych, who at that time was the governor of the Donetsk region, and had the latest business contacts. In particular, Yanukovych V.F. has attracted S. Kislin as a representative of the company “Trans Commodities New York, Inc.” as an investor for the Makiivka Metallurgical Combine.
In accordance with the distribution of roles in the seizure of funds confiscated to the budget of Ukraine on the basis of the above sentence of Kramatorsk City Court of the Donetsk region, Fucks P. Ya. and other persons were required by way of bribing officials of the Ministry of Justice of the Republic of Cyprus and entering the relevant data in the registration information to organize the re-registration of the above-mentioned non-resident companies registered in the Republic of Cyprus on his own name.
In turn, S. Kislin had to organize forgery of documents on the acquisition of arrested corporate rights for the above-mentioned non-resident companies with the purpose of litigation, in the guise of a supposedly virtuous acquirer, the verdict of the Kramatorsk City Court of Donetsk Region in the New York State Courts of Justice of the United States of America.
In connection with the described events, on June 8, 2017, the narrative part of the judgment of the Kramatorsk City Court of Donetsk region dated on March 28, 2017 was assigned the “Secret” on the basis of the Law of Ukraine “On State Secrets”, the Order of the Organization and secrecy regime in the state bodies, the local self-government authorities, enterprises, institutions and organizations, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 939 dated on December 18, 2013 and the decision of the expert commission of the state expert of secrets materials.
In addition, it was established that in the second half of 2017 S.Kislin met with the first deputy of the National Anti-Corruption Bureau of Ukraine with the Head of GT in Ukraine, whom he agreed to assist with the acquisition and transferirg original documents to lawyers of the US resident company Trans Commodities New York , Inc., which are necessary to cancel the above-mentioned sentence of the Kramatorsk City Court of Donetsk Region, using the resources of NABU, as well as the influence on the controlled judges of the Solomyansky District Court of Kyiv.
As a result of the reached agreements, the National Anti-Corruption Bureau of Ukraine adopted a statement from lawyers who were employed by S. Kislin in the interests of the companies Akemi Management Limited, Foxtron Networks Limited, which, along with the other non-resident companies mentioned above, were recognized by a number of judges of Ukraine as belonging to a criminal organization and used by in criminal activity.
On the basis of this statement, Uglava G.T. in agreement with the director of NASB Sytnyk A.S. organized the registration of the criminal proceedings by the National Anti-Corruption Bureau of Ukraine No. 52017000000000494 dated on 17.07.2017, No. 52017000000000718 dated on October 26, 2017, and No. 52017000000000830 dated on November 27, 2017, on the grounds of criminal offenses provided in Part 3, Part 5 of article 27, Part 5 of Art. 191, part 2 of article 324, part 1 of article 388 of the Criminal Code of Ukraine, according to a fictitious fact, allegedly embezzlement by officials of PJSC “State Savings Bank of Ukraine” on the basis of a preliminary conspiracy with the officials of the Office of the Prosecutor General of Ukraine of funds and bonds of the domestic state loan of a number of offshore companies, placed on the accounts of PJSC “State Savings Bank of Ukraine” in the execution of the verdict of the Kramatorsk City Court of Donetsk region from 28.03.2017.
Moreover, all three proceedings were violated according to a single scheme – according to the decision of the judge of the Solomyanskiy court Bobrovnyk O.V. known as a puppet of NABU (the judge made a decision in the interests of NABU in the most odious affairs, what should be noted on his “performance” – it was taken on a few decisions per day exclusively in the interests of NABU). By the way, psychological pressure from the leadership of NABU, Bobrovnyk O.V. was brought to death. He seriously abused of alcoholic beverages (even in the workplace) and died on May 13, 2018, at the age of 37 years after a heart attack.
The indicated proceedings were subsequently used by the detectives of NABU and S.Kislin’s lawyers to receive decisions of the investigators of the Solomyansky District Court of Kyiv (Bobrovnyk O.V., Senin V.Yu.) regarding the recognition of the victims of Akemi Management Limited, Foxtron Networks Limited and other offshore companies that belong to Yanukovych V.F., withdrawal from the banking and other institutions of Ukraine and the transfer of the original documents to lawyers related to the execution of the above sentence of the Kramatorsk City Court of Donetsk Region.
Such actions gave S. Kislin an opportunity to formulate claims against Ukraine in foreign jurisdiction in the interests of Arbuzov S.G. and Kurchenko S.V.
In particular, NABU detectives seized the originals of all documents of regarding the execution of the verdict of the Kramatorsk City Court of Donetsk Region and in this regard officials of PJSC “State Savings Bank of Ukraine” were interrogated. The documents referred the lawyers of Akemi Management Limited, Foxtron Networks Limited and other offshore companies that based on the information received, systematically formulate new petitions to the investigating courts of the Solomyansky District Court of Kyiv.
Also, in order to put pressure on the management of PJSC “State Savings Bank of Ukraine”, which executed the verdict of the Kramatorsk City Court of the Donetsk region, NABU intensified the investigation of cases where any bank institution appeared in any way. One of the cases was theft of facts and unreasonably delayed the deputy head of PJSC “State Savings Bank of Ukraine” Zemtsova I.M., who is a convenient figure for blackmail NABU head of PJSC “State Savings Bank of Ukraine” Pishny A.G. because she has a husband with the cancer of the fourth degree. In this case, the management of NABU set itself the task of getting the impressions of the management of PJSC “State Savings Bank of Ukraine” that may question the confiscation of “Yanukovych’s assets” in the State Budget, in the interests of S.Kislin and others in order to challenge this confiscation.
Similarly, the NABU management falsified another case № 52016000000000319, filed in the Unified Register of Pre-trial Investigations on 09.09.2016, concerning the purchase of fuel by the Ministry of Defense of Ukraine. The consequence of this case was a shortage of fuel in the army, and subsequently an increase in the amount of budget funds for the purchase of fuel by 300 million UAH, that is a blow to the country’s defense capability. The spalified case was from the very beginning, since in the Unified Register of Pre-trial Investigations there were reports that this case was violated by my (Chornovol Tetyana) statement, but I did not write such a statement, therefore, the introduction into the Unified Register of Pre-trial Investigations was rigged. In the future, the only fact of the criminal actions of the officials of Ministry of Defense in this case was the act of inspection by the State Audit Office of Ukraine of purchases of the Ministry of Defense of Ukraine for the period from 01.01.2015 to 31.10.2016 from 01.02.2017, No. 31-21 / 1.
This act was also rigged by NABU and signed by the head of the State Audit Office of Ukraine as a result of the pressure. After all, it was at this time that NABU instituted proceedings against the illegal enrichment of the Head of the State Audi Lidia Gavrylova. By the way, on March 14, 2018, the District Administrative Court of Kyiv found the State Council’s wrongful conclusion in this case.
Similarly, after the detention of the deputy head of PJSC “State Savings Bank of Ukraine” Zemtsova I.M. NABU management planned to receive the necessary evidence from the leadership of PJSC “State Savings Bank of Ukraine” in the interests of the lawyers of Yanukovych’s confiscated assets, in order to appeal for this confiscation.
In addition, with the assistance of NABU Director Sytnyk A.S. on January 10, 2018, the TV channel Al Jazeera published a story about the illegality of the judgment of the Kramatorsk City Court of Donetsk region dated on March 28, 2017 in the case No. 234/4135/17, in which the person was convicted and sentenced for committing the criminal offenses provided for in Part 1 of Article. 255; Part 4 of Article 28, part 3 of Article 209 of the Criminal Code of Ukraine. In this story, journalists from the foreign TV channel are reported to have access to the full text of the aforementioned court verdict, which is classified as “Secret”, as well as other documents that could be removed during a pre-trial investigation conducted by NABU in the interests of S. Kislin.
In addition, on September 10, 2018 detective of the first department of detectives of the second subdivision of detectives of the main subdivision of detectives NABU Dmytriyenko V.P. a request was sent to the General Prosecutor’s Office in Ukraine. № 0421-006 / 34554 in criminal proceedings №52017000000000494 on the provision of a copy of the judgment of the Kramatorsk City Court of Donetsk region dated on March 28, 2017, which was sent to the banking institution for execution, and which is known to the detective with the stamp “Secret”.
In case of attachment of this document with the stamp “Secretly” to the materials of criminal proceedings № 52017000000000494 there will be formal basis of familiarization with them representatives of non-resident companies, which are controlled by members of a criminal organization, and the entry of information which is containing secrets of state into the Federal Security Service of the Russian Federation.
Taking into account the above, there are sufficient and well-founded reasons to believe that S.Kislin and P.Ya. Fucks contribute to the members of the criminal organization of Yanukovych V.F. by organizing the collection of documents and information, including those that constitute secrets of the state, for their transfer to Arbuzov S.G. and Kurchenko S.V., acting by the supervision of the Federal Security Service of the Russian Federation, in order to harm the interests of Ukraine by means of a judicial appeal in foreign jurisdiction, by the guise of a supposedly virtuous acquirer, a judgment of the Kramatorsk City Court of Donetsk Region, and the seizure the public funds of the budget of Ukraine in the amount of 1 317 190 659 USD and 1 845 592 UAH.
In turn, the leadership of NABU in the person of director Sytnyk A.S. and his first deputy Uglava G.T. tries to obtain a document bearing the stamp “Secret” by the guise of an investigation into criminal proceedings, in order to obstruct its transfer to a citizen of the United States of America S. Kislin and lawyers of Akem Management Limited, Foxtron Networks Limited and other offshore non-resident companies belonging to members of a criminal organization of Yanukovych V.F.
However, the leakage of such information creates a threat to the national interests and security of Ukraine and can harm them, as it will enable the creation of conditions for the use of these documents against Ukraine in litigation of another jurisdiction.
I also inform that on December 13, 2018, at 11 am in the Cassation Criminal Court of the Supreme Court, there will be the consideration of the cassation proceedings on complaints of the above-listed non-resident companies Akemi Management Limited, Foxtron Networks Limited and others on the decision of the Donetsk Regional Court of Appeal regarding Kashkin’s citizen. Judge Natalia Marchuk will deal with the Cassation, who has a conflict of interest in this case. Indeed, in the days of the Yanukovych regime Natalia Marchuk worked closely with Yanukovych’s advisor and later head of the Presidential Administration Andriy Portnov. In particular, when she was employed as a judge of the High Specialized Court for Criminal and Civil Affairs, she did not consider the case, but was a participant in various public events in Ukraine and abroad, where she noted the role of A. Portnov in reforming the judiciary in Ukraine. This activity was paid to her separately from various grant organizations actually controlled by Transparency International Ukraine (the chairman of the latter’s supervisory board was Timur Bondaryev, the owner of the Arzinger Law Firm, which legally served the crime scheme for which the above-mentioned Mr. Kashkin was convicted). Judge Natalia Marchuk also trained for NABU investigators who are investigating cases of illegality of the confiscation of Viktor Yanukovych’s assets in the budget.
Consequently, there are reasons to believe that judge Natalia Marchuk is not only biased in this process, but also receives information of the cassation process by covering and passes on to S.Kislin the citizen of the United States of America and lawyers of companies of Akem Management Limited, Foxtron Networks Limited and other offshore non-residents-companies, which are belonging to members of the criminal organization of Viktor V. Yanukovych and it is not excluded that she will make a decision in their interests.
Due to such circumstances, the actions of S. Kislin, Fucksa P.Ya., the director of NABU Sytnyk A.S., the first deputy of NABU Uglava G.T. and others see signs of the following criminal offenses:
– Part 2 of Article 28; part 1 of art.114 of the Criminal Code of Ukraine (Espionage) – transfer or collection in order to transfer information to a foreign state, foreign organization or their representatives of information constituting state secrets, committed by a group of persons upon prior conspiracy;
– Part 2 of Article 28; Part 2 of Art.256 of the Criminal Code of Ukraine (Assistance to members of criminal organizations and the enclosure of their criminal activity) is a committed official without the promised promise of assistance to the participants of criminal organizations and the enclosure of their criminal activity by providing information, documents, and also not promise to perform other actions in advance creating conditions conducive to their criminal activity, committed by a prior conspiracy by a group of individuals.
November 06, 2018 _____________