Signs of corruption: SAPO transferred UAH 44 million to Sternenko’s fund – lawyer about risks

12 November 12:23

As a result of the plea agreements in the NABU and SAPO cases, which were approved by the High Anti-Corruption Court, UAH 44 million was transferred to Sergiy Sternenko’s fund. However, lawyer Oleh Shram draws attention to the signs of a corruption crime in such transfers, "Komersant Ukrainian" reports

What is known about the transfer

“Based on the results of the plea agreements in the SAPO and NABU cases, which were approved by the HACC, UAH 44 million was transferred to the Sternenko Community Charitable Foundation for the purchase of FPV drones for the Armed Forces of Ukraine,” the SAPO press service reported in Telegram.

In total, according to the press service, over the past three years, about UAH 2.9 billion has been transferred to the Defense Forces under agreements concluded by SAPO prosecutors.

Sternenko’s foundation reported that the money was used to purchase drones, some of which are already destroying the enemy.

Legal assessment: signs of corruption

According to legal expert Oleh Shram, the transfer of funds to Sternenko’s fund may contain elements of a corruption crime (Article 364, part 2 of the Criminal Code).

“As for me, we have the elements of a corruption crime under Article 364, Part 2 of the Criminal Code. Because the provisions of the CPC do not provide for anything like this, and the authorities and their officials are obliged to act solely on the basis, within the powers and in the manner provided for by the Constitution and laws of Ukraine,” Shram wrote.

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According to him, the funds are not provided for by law, and therefore, their transfer can be regarded as an illegal benefit.

“Thus, the transfers to the charity are illegal because they are not provided for by law, and the funds received are an undue benefit. Such a crime is completed from the moment such benefit is received, and how it is used in the future is irrelevant for qualification,” the lawyer said.

The fact of receiving funds from persons under criminal prosecution is similar to receiving a bribe to avoid imprisonment.

“Plus, it is an undue benefit for those who, being under criminal prosecution and threat of real punishment, agreed to pay the money as a prerequisite for concluding an agreement with the prosecutor on imposing a non-custodial sentence. This is essentially the same as taking a bribe for not putting a criminal in jail, and then transferring the bribe to Sternenko’s charity fund, and even publicizing it,” the lawyer added.

The use of funds for charity does not remove legal responsibility, as the crime actually occurred at the time of the transfer.

“Once again, the use of the bribe object does not make it a bribe. “The Robin Hoods of our time, who themselves should have gone to jail long ago,” the lawyer summarized.