Case description
On December 26, 2022, the High Anti-Corruption Court found Iryna Koval, former head of Ukrmedproektbud, and Ihor Kuchma, head of the general contractor, guilty of fraudulently causing losses worth millions during the construction of a modern building at the Okhmatdyt hospital. The appellate instance overturned the guilty verdict that sent Koval and Kuchma to prison. However, the Supreme Court sent the case for a new hearing in the HACC AC.
Ukrmedproektbud was the procuring entity for the construction of a new building for the Okhmatdyt Children's Hospital in Kyiv. Iryna Koval, the head of the company, signed contracts for the supply of elevators and modules for heating stations with the state-owned enterprise and Ukrprofmed LLC, headed by Ihor Kuchma, using budget funds.
Ukrprofmed received the money with a 100% advance payment, but the elevators and modules were never delivered. Nevertheless, Koval, who had previously headed the contractor, signed the delivery notes for the undelivered equipment in 2013. Later, she and Kuchma tried to hide the lack of equipment for Okhmatdyt.
In total, their intentional actions resulted in Ukrmedproektbud failing to receive UAH 30 million worth of equipment, and the national budget suffered losses.
The HACC sentenced Koval to 5 years in prison imposing a fine of UAH 12,750 and a ban on managing state-owned enterprises for 3 years under Article 28, part 2; Article 364, part 2 of the Criminal Code of Ukraine.
Kuchma, director of the general contractor, was charged with Article 27, part 5; Article 28, part 2; Article 364, part 2; Article 28, part 2; Article 366, part 1 of the Criminal Code of Ukraine. The HACC sentenced him to 4 years, a fine of UAH 10,200, and a ban on managing business entities for 3 years.
Both defendants were exempted from criminal liability under Article 28, part 2; Article 366, part 1 of the Criminal Code of Ukraine due to the expiration of the statute of limitations. The court also upheld the claim of Ukrmedproektbud and recovered more than UAH 30 million from the convicts.
In December 2023, the HACC Appeals Chamber overturned the verdict and closed the proceedings, upholding only Koval's guilty plea to forgery, and she was exempted from punishment due to the expiration of the statute of limitations. The decision to satisfy the civil suit filed by Ukrmedproektbud, which had recovered more than UAH 30 million from the convicts, was also cancelled. However, the Supreme Court partially granted the prosecutor's motion and sent the case to the appellate court for a new consideration.
