To understand all the cynicism of “fighters of corruption” should return in 2017. The journalists of “Narodna Pravda” previously covered this ambiguous situation about the interference NABU on the private property of individuals and legal entities that took place in the village Pisarivka of Vinnitsa region.
Thus, on the basis of the decision of the investigating judge of the Solomyansky District Court of Kyiv Bobrovnik O.V. on August 19, 2017 detectives of the NABU conducted a search on the territory of the land plot, cadastral number 0520685200: 05: 002: 0091, with its uninhabitant buildings owned by the property of physical person. According to the results of the search, contrary to the requirements of the CPC of Ukraine, NABU detectives made a decision on the temporary withdrawal of agricultural machinery, in the amount of 104 (one hundred and four) units, and subsequently transferred to a citizen of Ukraine, Galushko Mykola Yaroslavovich, who represents the stakeholder of the conflict, the limited liability “Mriya-Leasing”, which directly contradicts the Resolution of the Cabinet of Ministers of Ukraine dated November 19, 2012 No. 1104 “On the implementation of certain provisions of the Criminal Procedural Code of Ukraine”, which states that the storage of material evidence in the form of cars, buses, as well as self-propelled cars designed on the chassis of cars, motorcycles of all types, brands and models, trailers, semitrailers, motorcycles, other equated to them vehicles and mopeds, is carried out on special platforms and parking lots of the territorial bodies of the National Police for the storage of vehicles temporarily detained.
The arrested machinery by NABU tried to steal at night.
Despite the existing prohibitions and commitments, representatives of the limited liability company “Mriya-Leasing” January 17, 2018, under cover of the night, commit unlawful acts that can be classified as illegal actions against property that has been seized. property or property that is described or subject to confiscation. Actually, such an impression came from non-indifferent activists, who also recorded the illegal transfer of technology. One of the arrested grain loaders, the workers of the agroholding “Mriya” tried to illegally transfer to the city of Khoroskov Gusyatinsky district of the Ternopil region, which directly contradicts the act of reception – the transfer, which was signed by the detectives of NABU and the representative of “Mriya-Leasing”, since the act stipulates that all machinery would be located on 4 specially designated parking lots – two in the Ternopil region, namely: in the village of. Kozova and in the village of Velkii Birky, one more in Khmelnytsky and Chernivtsi region. But not in the city of Khorostkov or elsewhere. Moreover, the arrested equipment was not allowed to be transported from one place to another without the corresponding written consent of the detective NABU.
At the place of the event, the activists immediately called on the National Police to ensure that law enforcement officers documented the violation. Policemen found that the grain truck “Bergmann” with the corresponding serial number really is on the list of detected by detectives NABU machinery.
Explain where the semitrailer took off at night on the road, representatives of the holding did not succeed. On the contrary, it was justified that they do not know – whose technique is.
Finally, the policemen seized the semi-trailer and placed it on a penalty area, which is part of the department of the National Police in Gusyatin. However, the story with the arrested technique did not end. The journalists of “Narodna Pravda” already the next day, January 18, recorded that 6 of these semi-trailers and a few harvests are located on the ATP in the village of Dobrovody, Monastyrsky district.
All this property is arrested by the detectives of NABU and transferred to the responsible storage of the representative of “Mriya-Leasing” Mykola Galuszka. Putting such responsibility for the preservation of equipment, law enforcement officers did not even ask – who is Mr. Mikola Galushka? It is known for sure that this subject worked, and probably builds a company that is part of the structure of the agriholding “Mriya” under the leadership of ” ingenious ” manager Simon Leo William Chernyavsky. From the above, it is self-evident that the agroholding “Mriya” is a clearly interested person regarding the storage of equipment, since, with the tacit consent of “fighters against corruption”, it is freely used in contravention of existing prohibitions.
According to the already stated act of reception – transmission, the technique should also be kept on specific specified areas. However, for some reason it was on one of the ATP, which is leased by the agroholding “Mriya”. Moreover, as the employees of this enterprise, who guarded the territory told us that loaders, and harvesters constantly worked in the fields.
Employees of the Monastirisk Department of the National Police recorded all offenses.
NABU detectives deliberately violate laws
Journalists of “ Narodna Pravda” sent an information request to the NABU’s leadership. In particular, we were interested in the fact whether Mykola Galushka, who was responsible for the NABU detectives, warned that he planned to move grain loaders and harvesters that had been seized and handed over by the detective NABU to responsible storage for representatives of the agroholding “Mriya” in the beginning of the fall of 2017, as the representative of the agroholding company were warned in advance by NABU detectives and received written permission to commit any actions against the indicated equipment.
In response to a request for information, representatives of NABU answered that they had indeed received a written request from the responsible technician of Mykola Galushka. The letter arrived on January 19th. Mykola Galushka asked to change the place of storage of 11 units of equipment. Argue this by the fact that this technique needs to be repaired !!! The detective gave permission to move the technology to the parking lot in Dobrovody, Nyzhbirok, and Kozova.
However, no matter what the representative of “Mriya-Leasing”, nor the detectives of NABU did not take into account. Whether it is deliberate, is it possible, in other circumstances, that Mykola Galushka and the law-enforcers were departed in dates. One of the confiscated Bergmann trailer was driven out in the evening on January 17 by workers of “Mriya”. It remains unclear to us what norms of the Code of Criminal Procedure were guided by the detectives of the NABU, giving permission to move the machinery for further repairing?
After all, according to the order of the investigator of the judge of the Solomyansky court in Kyiv, where he was searched by the inmates in Pisarivka – the arrested technique is a valid evidence in the criminal proceedings.
How does somebody really can repair material evidence?
Imagine yourself – the driver committed an accident. The car was taken to the arrest site as evidence. And in a few days the owner with the written consent of the law enforcement officers took the transport and repaired it. And then – in court he said that he did not make an accident. The arrested equipment is not property of “Mriya-Leasing”. Now the trial is continuing, which would have to give a final point, who is actually the owner of the agricultural units. So how could Mriya-Leasing LLC repair this technic?
There is a logical question –for what money? After all, according to the information of portal Youcontrol, this enterprise is declared as bankrupt. So for whose money the trailers and reapers will be repair it? Obviously, for his own budget, the general manager of “Mriya” Simon Cherniavsky, on whom the narrative for the preservation of the confiscation Mykola Galushka is working.
Detectives of NABU know about bankruptcy of “Mriya-Leasing” . But nevertheless, law enforcement officers allowed to move and repair material evidence, which is an important subject in court. Obviously, professionals have not yet studied the law if they allow such big mistakes.
The National Anti-Corruption Bureau is called to fight corruption in all its manifestation and most importantly to expose the proponents in the upper echelon of power. The detectives of NABU, like other law enforcement officers, must be guided by a single system of coordinates of the law. But in reality – “Mrija” has the permission to repair the equipment.