Ex-Deputy Director of the KP Spetszhilfond Vladimir Filonchuk managed to avoid criminal liability for official negligence due to the expiration of the statute of limitations. The national police intended to prove that it was because of this official that in 2018-2020 the capital budget lost 240.5 thousand hryvnia during construction work at two sites in the Goloseevsky and Solomensky districts of the capital.
There was not enough time for this, although law enforcement officers probably did not come up with anything - the crime did take place. The specified work was performed by VLD Group LLC. In the summer of 2022, the ex-director of this company was released by the servants of Themis from liability for “fraud” when performing the same work only because VLD Group LLC compensated the Spetszhilfond for the damage caused.
As it became known to KV, on October 27, 2023, the Podolsk District Court of Kiev dismissed the ex-deputy director of the CP “Spetszhilfond” Vladimir Filonchuk from criminal liability for committing official negligence (Part 1 of Article 367 of the Criminal Code of Ukraine) due to the expiration of the statute of limitations.
Thus, the court granted the ex-official’s request. The same resolution closed criminal proceedings No. 12021100070001820, opened by the Podolsk Department of the National Police of Kyiv on October 8, 2021. For the charges, Filonchuk faced up to 3 years of restriction of freedom.
Facts of the case
As law enforcement officers established, in the period 2018-2020, three contracts for construction work were concluded between KP Spetszhilfond and VLD Group LLC. The discussion was about the reconstruction of the territory of the production and warehouse base for the construction of residential buildings and warehouse buildings on the street. Kachalova, 40 in the Solomensky district of Kyiv (agreements dated October 11, 2018 and January 13, 2020), as well as the relocation and laying of external utility networks along the lane. Motorny and along Nauki Avenue in Goloseevsky district (agreement dated September 12, 2019). The total cost of work under these agreements should be about 206.1 million hryvnia.
The specified work was carried out as part of the construction of two residential complexes (RCs), in which the CP "Spetszhilfond" participated - the residential complex "Rodnoy Gorod" on the street. Kachalova, 40 (a joint project with KP "Zhilinveststroy-UKB" and "ISK-Gorizont") and an unnamed residential complex in the lane. Motorny, 9, 9-A (this facility was built jointly with KP Zhilinveststroy-UKS).
According to the Prozorro system, as a result of the implementation of these agreements, VLD Group LLC received from Spetszhilfond a little more than half of the amount - 124.4 million hryvnia. These funds were transferred to the contractor for a number of work completion certificates. However, as investigators found out, the cost of construction work under three acts under these contract agreements was inflated by a total amount of 240.5 thousand hryvnia, incl. for 182.4 thousand hryvnia for work in the lane. Motorny and along the avenue. Sciences and 58 thousand hryvnia for work on the street. Kochelova. Thus, according to law enforcement officers, the Kyiv city budget lost these funds.
Investigators believe that this happened due to Vladimir Filonchuk’s improper performance of his official duties - at that time he served as deputy director of the Spetszhilfond enterprise. It was according to his job description that he had to coordinate the execution of construction work and check documents for payment for such work before signing them. According to law enforcement officials, Vladimir Filonchuk did not do this.
The statute of limitations for committing a crime under Part 1 of Art. 367 of the Criminal Code of Ukraine is three years. The court ruling on this investigation does not contain exact data on when this period expired, however, it can be assumed that this happened in September 2023, because the last act of completion of work was signed in September 2020.
Vladimir Filonchuk is not the only one who was threatened with criminal liability for causing damage to the capital’s budget as part of the implementation of these works. In July 2022, the Kiev City Prosecutor's Office announced the transfer to court of an indictment against another ex-executive director of the Spetszhilfond enterprise for violations in the implementation of these agreements - he is charged with the same Part 1 of Art. 367 of the Criminal Code of Ukraine. The name of this official is not specified in open sources, and therefore it is not yet known whether he received any punishment.
At the same time, it seems that law enforcement officers did not come up with anything - a crime did take place. We would like to remind you that in August 2022, the Podolsky District Court of Kyiv released the ex-director of VLD Group LLC Andrey Kuchmienko from liability for official negligence leading to grave consequences (Part 2 of Article 367 of the Criminal Code of Ukraine). He was accused of causing damage to the capital's budget in the amount of 495.5 thousand hryvnia as part of the implementation of four contract agreements, including the three above-mentioned agreements.
As KV reported, this entrepreneur avoided a conviction precisely because VLD Group transferred monetary compensation for the damage caused in the amount indicated above to the accounts of the Spetszhilfond enterprise.
Characters
According to the Youcontrol analytical system, Kharkov VLD Group LLC was registered in February 2016. Today, the director, founder and ultimate beneficiary of the company is Olga Malyashova, a resident of the village of Shevchenko, Slavuta district, Khmelnitsky region. He has officially held all these positions since the end of 2020. From the moment of its foundation until the transfer of ownership of this LLC to Olga Malyashova, its final beneficiary was Kiev resident Yaroslav Grechko, and the head of this company from June 2018 until Malyashova’s appointment was Andrey Kuchmienko.
VLD Group LLC is no stranger to the city authorities. During its existence, it received from structures subordinate to the Kyiv City Council and the Kyiv City State Administration (KCSA) more than eight dozen contracts worth about 800 million hryvnia. Among the main “clients” of this company are the aforementioned CP “Spetszhilfond”, CP “Management Company for Servicing the Housing Fund of the Shevchenkovsky District”, CP “Solomenka-Service”, Department of Housing and Communal Services of the Shevchenko District State Administration in Kyiv, etc. And at the same time, law enforcement officers have previously paid attention to how VLD Group LLC uses the budget funding provided to it.
For example, in September 2021, the Solomensky Department of the National Police of Kiev opened criminal proceedings regarding the possible “cutting” of part of the funds that the Kyivteploenergo enterprise paid to the specified company for the overhaul of one of the sections of the heating networks on the street. Antonovo. According to preliminary data, due to the overestimation of the cost of these works, an “extra” 1.5 million hryvnia was transferred to the contractor. Based on the results of this investigation, law enforcement officers have already prepared indictments for misappropriation of funds, official forgery and official negligence against a number of persons involved in this case, including the aforementioned Andrei Kuchmienko.
As KV reported, the activities of the enterprise “Spetszhilfond” very often raise questions from law enforcement and various regulatory authorities.
For example, now the National Police suspects the first deputy director of this enterprise, Anatoly Volkovsky (open sources do not have accurate information whether he works in this position as of today. - KV) of embezzlement of 761.5 thousand hryvnia. According to preliminary information, the city budget of Kyiv could have incurred such losses due to a number of violations during the construction of kindergarten No. 536 on the street. Bakhmachskaya in Novobelichi (Svyatoshinsky district). Interestingly, during searches at the Spetszhilfond command post conducted as part of this investigation, law enforcement officers did not find some documents important to the case, and therefore investigators assumed that the suspect might try to forge them. In addition, during the investigation, the police learned that Volkovsky is a citizen of the Russian Federation.
In addition, at the beginning of this year, the auditors of the Kyiv City State Administration reported that during 2020-2021, the management of the Spetszhilfond committed violations and shortcomings in its work totaling 70.4 million hryvnia. In particular, according to the auditors, this commercial enterprise received less funds for the sale of apartments in the club house on the street. Dmitrievskaya, 60/19, overpaid for laying utility networks in the Forest residential complex, rented out its premises at 2004 prices, chose contractors according to “incomprehensible schemes” and the like.
There is little information about Vladimir Vasilyevich Filonchuk in open sources. It is known that he was born on September 13, 1963 - on the same day as Valery Vasilyevich Filonchuk, who is known as the ex-deputy director of the Department of the State Architectural and Construction Inspectorate (SAI, which was liquidated in September 2021) in the Kyiv region and the former first deputy head of the State Security Bureau. From January 2017 to November 2018, Vladimir Filonchuk worked as director of Skybud Group LLC, one of the most beloved contractors of Spetszhilfond. He was appointed to the position of deputy director of this CP on November 2, 2018 (it was not possible to find out when Filonchuk was fired). The court ruling on the above-mentioned investigation specifies that he works as a foreman.
Let us remind you that since March 2016, the Spetszhilfond CP has been headed by Vladimir Shariy (in the collage), who is under investigation for official negligence in the implementation of the contract for the construction of the first stage of the Forest residential complex in the Lesnoy residential area. In the last VIII convocation of the Kyiv City Council, Shariy was simultaneously a deputy from Solidarity and was a member of the standing commission of the City Council on issues of urban planning, architecture and land use.
The specified CP is subordinate to the Department of Construction and Housing of the Kyiv City State Administration, which has been headed by Boris Rabotnik since July 2, 2021. From March 22, 2016 to October 25, 2019, this department was headed by Konstantin Fedotov, from October 25, 2019 to July 1, 2020, it was headed by Vladimir Denisenko, and from July 1, 2020 to December 14, 2020, Sergey Martin was the director.
The activities of this department have been controlled since 2018 by the odious Deputy Chairman of the Kyiv City State Administration Vyacheslav Nepop. The latter is known as the ex-director of the Communal Enterprise "Zhilinveststroy-UKB" (from 2002 to 2018) and a deputy of the IV, V, VII, VIII convocations and the current IX convocation of the Kiev City Council (at the last elections he was from the party of the mayor of Kyiv Vitaliy Klitschko "UDAR")
