The Appeals Chamber of the High Anti-Corruption Court (HACC) considered the appeal of the prosecutor of the Specialised Anti-Corruption Prosecutor's Office (SAPO) against the HACC decision, which dismissed the prosecutor's claim and declared the assets of the family of a high-ranking official of the National Police of Ukraine unjustified and recovered them for the state.
Following the case, the panel of judges granted the appeal of the SAPO prosecutor and cancelled the decision of the first instance. Instead, the court issued a new decision, which recognised the unjustified and confiscated part of the person's assets, namely an apartment in the capital, to the state.
The basis for this decision was the materials of the monitoring of the official's lifestyle conducted by the National Agency on Corruption Prevention (NACP), as well as materials obtained by the SAPO prosecutors.
During the monitoring of the lifestyle of the deputy head of one of the National Police departments, the NACP found out that the official's mother had given him more than UAH 2.4 million in cash. On the same day, the latter purchased an 82.5 sq m apartment in the capital. In turn, the ‘donor’ of the money allegedly ‘borrowed’ it from a third party.
An analysis of the income and expenditures of the law enforcement officer's family and his relatives shows that it was impossible to purchase the apartment at the expense of legitimate income.
The decision of the HACC Appeals Chamber comes into force from the moment it is announced.
For reference: in accordance with paragraph 10 of part 1 of Article 77 of the Law of Ukraine ‘On the National Police’, a police officer is dismissed from service if a court decision comes into force recognising his assets or assets acquired on his behalf by other persons or in other cases provided for in Article 290 of the Civil Procedure Code of Ukraine as unjustified and their recovery to the state.
