The Pechersky District Court of Kyiv closed the case against the former deputy head of the National Police of Ukraine Dmitry Tishlek under Part 1 of Art. 172-5 of the Code of Administrative Offenses (“Violation of statutory restrictions on receiving gifts”) in the absence of an event and corpus delicti.
According to the NAPC protocol, for several years Tishlek and his family rented an apartment in the capital with an area of 140.2 square meters. m (owned by the ideologist of “Great Construction” Yuriy Golik) and a residential building with an area of 320.5 sq.m in the village of Vishenki in the Kiev region (the house is registered to Natalya Necheporenko) at prices below market prices. This fact, according to the NACP and the prosecutor, is a violation of the law on the prevention of corruption. In court, the prosecutor insisted on imposing a fine of 3.4 thousand UAH on the ex-official and confiscation of 842 thousand UAH in the form of a gift received (by gift, the investigation meant the difference in funds between the minimum market value and the actual cost of renting the property).
At the same time, Tishlek's lawyer asked the court to dismiss the case. He argued that the data specified in the protocol was incorrect by definition, in particular, the rental of real estate at a price below the minimum market price. The defender believed that the conclusions were made by an inappropriate assessment subject without taking into account other conditions for using the housing.
As the court investigated, at the end of 2018, Tishlek’s wife (at that time holding the position of deputy head of the economic protection department of the National Police), Alexandra Balakai, entered into a use agreement with the owner of the 140-square-meter apartment, Yuri Golyk. According to him, Golik gave Balakai an apartment for temporary use to accommodate her and her family members. The parties also agreed: Balakai and his family do not pay the owner money for rent. Tenants pay utilities, complete repairs to Golik’s rented apartment and ensure it is properly maintained.
This agreement was valid until the end of 2021. On December 29, 2021, the parties entered into an act of acceptance and transfer of the apartment, in which the tenant stated what specific repair work in Golik’s apartment was carried out at his own expense. On the same day, Balakay and Golik entered into an agreement for the use of this apartment until June 1, 2023, where they determined the monthly rent in the amount of 20 thousand UAH excluding utility bills. They also noted: the furniture and household appliances that the tenant purchases can be transferred to Golik’s ownership in the form of rent upon expiration of the term of use of the housing.
So, the family of policeman Dmitry Tishlek paid off the rent in the amount of 154 thousand UAH using purchased furniture and equipment: two Samsung plasma TVs, a Bosch washing machine, a sofa, a double bed with a mattress and a work chair. The case file contains information that the Kiev Scientific Research Institute of Forensic Expertise assessed the property purchased by Tishlek’s family at UAH 910 thousand.
As for Tishlek’s use of someone else’s house of 320.5 sq.m. in the village of Vishenki, Themis was unable to find out the period of residence. The NAPC indicated that the former police officer lived there during July-October 2023. However, the court is convinced that the results of the internal investigation of the disciplinary commission of the Ministry of Internal Affairs and the materials of the journalistic investigation of the Bihus.info team did not provide any evidence. The only thing that the court recorded: the owner of the house with an area of 320.5 square meters. m in the village of Vishenki, I bought it on September 7, 2023. And this, Themis noted, refutes the fact that Tishlek lived in the specified house before the date of purchase/sale.
“So, the evidence on the basis of which the court can establish the existence of circumstances (facts) specified in the protocol on an administrative offense, in terms of these circumstances that are important for resolving the case, has not been provided to the court,” the resolution says.
Separately, the court examined the issue of calculating the minimum market value of rent (use) of the apartment and house where Tishlek lived with his family. At the same time, Themis rejected official letters indicating the amount of the minimum rental of real estate, signed by the director of the Kyiv Scientific Research Institute of Forensic Expertise, Alexander Ruvin.
In addition, the court took advantage of the conclusion of a comprehensive commission of judicial appraisal, construction and commodity examination, which was carried out by experts from the Ruvin Institute as part of criminal proceedings. This document was brought to court by Tishlek’s defenders. It states that experts were unable to determine the market value of the rent of the apartment and house used by Dmitry Tishlek.
However, experts from the Ruvin Institute agreed on something different. They are convinced that the total amount of expenses that Tishlek and his wife paid in the form of repairs to Golik’s apartment, as well as the property acquired and transferred to the landlord, “is not lower than the minimum market rental value of the specified housing.”
In conclusion, the court adopted a verdict that the NACP and the prosecutor did not provide admissible evidence of the commission of an administrative offense by the ex-head of the National Police of Ukraine Dmitry Tishlek.
Let us recall that at the end of October 2023, investigative journalists released information alleging that the Deputy Chairman of the National Police of Ukraine Dmitry Tishlek uses the real estate and car of the family of the partner of the head of the Rostov criminal group, and his wife Alexandra Balakai did not lose her Russian passport even after the Russian invasion.
After the investigation was released, the head of the Ministry of Internal Affairs, Igor Klimenko, removed Dmitry Tishlek from his post and ordered an internal investigation. It was also said about the opening of criminal proceedings.
During the investigation, Dmitry Tishlek continued to receive wages and other types of allowance.
On December 16, it became known that the person involved in the journalistic investigation regarding possible connections with Russia, Deputy Chairman of the National Police of Ukraine Dmitry Tishlek, returned to his duties, since the official investigation did not reveal facts indicating the presence of Tishlek’s connections with any criminal authorities, including including those mentioned in investigative journalism.
On December 19, Deputy Chairman of the National Police of Ukraine Dmitry Tishlek wrote a letter of dismissal.
In the electronic declaration for 2023, Tishlek noted that he works as a doctoral student in the Strategic Investigations Department of the National Police.
