The Supreme Anti-Corruption Court (Wax) refused the mother of the former head of the state-owned enterprise "Specialtechnoexport" by Pavel Barbul in the removal of arrest from her elite estate in Kozina (Koncha Zaspa) in Kyiv region.
Pavel Barbul is accused of committing crimes under Part 3 of Art. 27, Part 2 of Art. 28, Part 5 of Art. 191 and Part 1 of Art. 366 of the Criminal Code of Ukraine. He is suspected of organizing state property through abuse of office, as well as in official forgery.
According to the investigation, in 2015–2016, in the post of director of SE of the SPZ “Specialtechnoexport”, the barbul caused losses in the amount of UAH 55.457 million. In 2018, after the completion of these incriminated actions, his mother Karina Atanasyan acquired three land and a dwelling house with an area of 435 square meters. m, which became the object of trial.
The seizure of this property was imposed by the decision of the Solomenskiy District Court of Kyiv in 2019 in order to ensure possible special confiscation.
The Barbul's mother's lawyer filed a request for the CABS for the cancellation of arrest, claiming that the property was legally purchased at her own expense, and the charge against the son did not provide for his personal gain that could be invested in real estate.
The lawyer insisted that the arrest was unjustified and the need for it disappeared. According to the lawyer, the prosecution concerns the waste of funds in favor of Global Marketing SP LTD, not in favor of the barbul itself. The defense argued that Atanasyan had sufficient funds: more than UAH 1.7 million in income for 2009-2018, 850 thousand UAH of income of her husband Alexei Barbula, 100 thousand target loans from 2014 and personal savings of $ 100 thousand. In total, the family had more than UAH 5 million, which corresponded to the value of the property (UAH 5,261 million).
The purchase of property is decorated with a barb by a power of attorney from the mother, which, according to the lawyer, does not give him the property right. The mother explained that the house was purchased for grandson, not for her son, and she did not live there because of her life in Odessa. As a result of the war, shelling of Odessa and stay abroad, the family needs money for the treatment of mother, her grandson and renting a home for another grandson. The arrest, which lasts more than 5 years, restricts its rights.
Barbul's mother in a videoconference added that the house was purchased at her expense, and she did not know why the property was arrested. She noted that the real estate was empty, and the municipal services are paid by the daughter -in -law.
According to the SAP, the purchase of real estate in 2018 coincides with the period of completion of the criminal act of the barbul. During the 2019 search, his personal belongings were found in the house, which indicates the use of property.
The prosecutor noted that the mother's income for 1998-2018 (UAH 1.17 million) does not explain the possibility of purchasing property for UAH 5.26 million. She did not know the exact location of the house, which undermines her statement about control of the purchase.
Pavel Barbul chose the house on his own, made agreements and was calculated for him, indicating the use of his funds, not his mother. The court has not yet examined all the evidence, including witnesses, so the cancellation of the arrest before the end of the case is premature.
WACS refused to request because arrest in the form of a ban on alienation is not excessive, because it retains property without irreversible consequences for the owner while protecting the public interest.
The case remains the focus, as its result can affect the fate of significant assets and reputation of the accused. The following hearings will determine whether the prosecution party will be guilty of the barbul and the confiscation. The meeting with regard to Belbas, Barbul, as well as Timothy Romanyuk and Denis Panasenko will take place on April 1.
Earlier, WACS approved an agreement on the recognition of guilt concluded with the former director of SE "Specialtechnoexport" Igor Gladush.
Under the terms, he pledged to compensate for the spark "Iskra" of UAH 8.48 million and UAH 1.52 million - LLC "Lviv Radore repair plant".
Gladush pledged to cooperate with the SAP and NABU in the case of Belbas and Barbul.
