National Anti-corruption Bureau of Ukraine is carrying out investigation into criminal proceeding No.52018000000000385 dated 17.04.2018 under criminal offence stipulated in Art. 5 of the Criminal Code of Ukrtaine
For reference: the said proceedings has been initiated after publication of the article «Two friends were in the army», published by «Novoje Vremia» Issue No.13 dated 5 April 2018, where they describe selling of the special purpose goods (primers) by «PH Strategic Business Limited» Company (Cyprus) to the enterprise «Sloboda» AD (Serbia). The said products were purchased by «PH Strategic Business Limited» from SE SSFTIF «Ukrinmash» according to exportation contracts dated 28.12.2015 No.3/95-К and 15.03.2017 No. 3/10-К.
In course of the investigations the NABU detectives have received from SE SSFTIF «Ukrinmash» (hereinafter – the Enterprise) all completed answers for the requests which had been previously sent, as well as full access to the original documents which were seized based on respective court approvals.
At the same time, by cooperating to the maximum open extend with detectives of the NABU, the Management of SE SSFTIF «Ukrinmash» declines any facts of illegal acts of officials of the Enterprise as to preparation and implementation of the said contracts, in particular «appropriation by the officials of «Ukrinmash» by means of conflict of interest of the funds of «Impulse» Shostka State Plant» in especially big amount by selling the products with considerably decreased price and with consecutive resale by market price».
Implementation of the contracts and the deliveries have been carried out within current legislation of Ukraine, approved prices and according to the permits of the State Service of Export Control of Ukraine.
On 26th of September 2018 on the request of NABU regarding the said criminal proceedings, the Solomiansky district court of the city of Kyiv made and approval to allow «the authorities of the Republic of Serbia» as per temporary access and a possibility of withdrawal of the originals of documents and objects» at enterprise «Sloboda» AD (Serbia), which concern delivery of the said Ukrainian products by «PH Strategic Business Limited» (Cyprus).
This is also to inform that SE SSFTIF «Ukrinmash» after first publications about the said deliveries, where the NABU suspicions have been interpreted as a proven evidence of the abuse of officials of «Ukrinmash», has already become a victim of negative impact (in addition to reputation) namelу after temporary refuse of «Sloboda» AD (Serbia) to purchase the products of «Impulse» Shostka State Plant». The matter was settled to a certain extent in course of negotiations this September.
However, being that so, we really think that the request of the NABU and respective court approval will result in complete cutout in sales of national military products to «Sloboda» AD (Serbia) and loss of this market .
In addition to that, the requests of the NABU to receive the court approvals will result in publication of the latter in the Internet and the emphasis will be made on supposedly abusive actions of officials of SE SSFTIF «Ukrinmash».
To summarize, analysis of current situation at internationals markets of armament witnesses that such materials are used by foreign competitors for defamation of Ukrainian special exporters, in particular, «Ukrinmash» in tenders on delivery of military and dual use products in the interests of military institutions of foreign countries.
Considering the above said, we think that some steps, taken by the NABU have not been sufficiently grounded and lacked conclusions of qualified experts in the area of military and technical cooperation. The do not either take into account national interests of Ukrainian defense industry at international markets which can result in defamation of national special exporters and losses of particular markets.
For its part, SE SSFTIF «Ukrinmash» remains open to the maximum for actions of detectives of the NABU by means of cooperation during the investigation stage and by providing all documents required by detectives.