12.05.2016

NABU takes over fraudulent property auction case against MP

Kyiv

Subject of Complaint: National Deputy Hryhoriy Lohvynskiy
Complaint in brief: At the end of December 2015, Marie Brizard Wine & Spirits, an international company specializing in the manufacture and distribution of alcoholic beverages, filed a complaint against what it considered an illegal auction, during which Complainant’s property was sold on a non-competitive basis. According to the Complainant, MP H.V. Lohvynskiy took over the Complainant’s property through a fictitious auction. Brizard believed that this was done to obstruct the return of the property to the Complainant.
Actions taken: Having examined the materials of the case, the BOC determined that, on September 16, 2015, the Kyiv Commercial Court of Appeal had cancelled the results of an auction from November 13, 2014. However, the second party had filed an appeal, and the Superior Commercial Court of Ukraine was about to schedule cassation hearings on the case. In January, the BOC addressed the Chief Justice of the Superior Commercial Court of Ukraine and described the complaint that the Council consideration. The BOC gave notice that its representatives would attend the court hearing as independent observers.
Three court hearings took place over February-March 2016, with BOC representatives attending all three to ensure transparency and impartiality. The outcome of the final hearing at the end of March was very positive for the Complainant: the court ruled in favor of the Complainant and cancelled the results of the auction dated November 13, 2014. 
The BOC also had a meeting with the Deputy Director of the National Anticorruption Bureau (NABU), Gizo Uglava, to discuss the issue and to agree on future cooperation on this case. NABU also agreed to process the complaint. 
Result achieved: The BOC successfully raised the case to the level of NABU, which has the proper authority to investigate such a case. On March 03, all the Complainant’s materials were officially transferred to NABU for further investigation. 

Next case:: Results of a tender for mobile number portability are overturned