Officials of the Odessa State Ecological University are suspected of taking state property transferred to PJSC “Football Club “Chernomorets”.
This became known in criminal proceedings under Part 2 of Art. 364 CC.
ODEU officials in 2006, in the interests of the club, concluded an investment agreement, and also signed acceptance and transfer acts, according to which non-residential buildings and structures of the health and sports complex (construction on the Apricot Lane side) were transferred into its ownership, which were not subject to privatization, which resulted in pose serious consequences to state interests.
According to the agreement, the football club must invest in the construction of educational and sports buildings, as well as a dispensary. Further, the customer was obliged to repay the investments made by transferring into the ownership of the investor the sports building, buildings of the educational and laboratory complex, as well as buildings and structures of the health and sports camp.
The agreement stipulated that the amount of investment should not be less than the expert assessment of ODEU facilities.
According to the detailed construction project (2005) of the second stage of the university complex, on the site at the time of inspection there are educational and administrative buildings, consisting of several interconnected 4- and 3-story blocks, a two-story dining room, workshop buildings and other auxiliary facilities real estate Then two tenders were announced: for the reconstruction and construction of buildings.
Subsequently, the tender for the reconstruction of the premises was abolished, and according to the results of the ODEU tender held on December 22, 2004 for the “capital construction of educational and sports buildings, a dispensary”, the winner was chosen as Stroitelnaya Firma LLC (the company is associated with the business empire of Leonid Klimov) with the determination of the cost of the work at 55 million hryvnia. (Bulletin of State Procurement for 2005 No. 1-2 (170-171).) A tripartite construction contract was concluded between ODEU, Chernomorets and Construction Firm LLC.
In accordance with the act on the volume of investments of 2007, signed by the rector and acting. President of the club, the amount of investments amounted to 40.9 million hryvnia. According to the terms of the concluded agreements, ODEU had to transfer three real estate objects only after receiving three three buildings.
In fact, the parties signed not an investment agreement, but an exchange (barter) agreement, the subject of which is state property, which is directly prohibited by the provisions of Part 4 of Art. 293 Civil Code.
On October 30, 2007, Chernomorets received a certificate of ownership of the non-residential buildings of the educational and laboratory complex, which, without carrying out any repairs and reconstruction, were sold to a third party, namely JSC KB Nadra for 52.2 million hryvnia.
In criminal proceedings, on March 14, 2024, the investigator appointed a judicial appraisal and construction examination, the implementation of which was entrusted to forensic experts of the Odessa Scientific Research Institute of Forensic Examinations of the Ministry of Justice of Ukraine. It is still not completed.
