A lawsuit has been filed against the Okhmatdyt Charitable Foundation (Document)
22 August 2024 23:53
AVER LEX Law Firm has filed a lawsuit against the Okhmadyt Healthy Childhood Charitable Foundation to transfer all the funds raised to a special account of the Okhmadyt National Children’s Specialised Hospital. This was reported by Olha Prosyanyuk, managing partner of AVER LEX law firm, as reported by "Komersant Ukrainian"
“I have filed a lawsuit against the Foundation for the obligation to transfer all the funds raised to a special account of the National Children’s Specialised Hospital “Ohmadyt”. This will become a mechanism for real refunds to the hospital. And this may become the first large-scale class action lawsuit. After the proceedings are opened (I will inform you additionally), I invite all those who care to join,” Prosyanyuk wrote on social media.
The lawyer also published the document of the lawsuit against the Okhmatdyt Charitable Foundation.
The lawsuit states that AVER LEX Law Firm transferred UAH 300,000 to the account of the Okhmatdyt Healthy Childhood Charitable Foundation in order to provide charitable assistance for the restoration of the National Children’s Specialised Hospital of the Ministry of Health of Ukraine after the 8 July terrorist attack.
The law firm believes that its rights and interests as a benefactor are being violated, as the funds transferred for the restoration of Ohmadyt are not actually being used for their intended purpose.
The lawyers point out that the current legislation, including anti-corruption legislation, does not prohibit a state-funded non-profit institution from being a beneficiary of charitable assistance.
“Please oblige the charitable organisation, the Ohmadyt Healthy Childhood Charitable Foundation, to transfer to the special account of the National Children’s Specialised Hospital Ohmadyt of the Ministry of Health of Ukraine in the relevant unit of the State Treasury of Ukraine the entire amount of funds raised specifically for the restoration of the building of the modern medical and diagnostic complex Ohmadyt of the Ministry of Health of Ukraine, located at 28/1 Chornovola Street, Kyiv, damaged as a result of the military aggression of the Russian Federation against Ukraine on 8 July,” the lawsuit says.
Russian missile attack on Okhmatdyt hospital on 8 July
on 8 July 2024, Russia attacked Okhmatdyt with an X-101 cruise missile. The strike damaged the hospital’s buildings, destroyed some of the medical facility’s buildings, smashed windows and glass, and caused injuries.
The Russians destroyed the building of the Toxicology Department, where seriously ill children were on dialysis, five oncology departments, ten surgical departments, two somatic departments, an intensive care unit, two intensive care units, operating units, radiotherapy and radiotherapy departments, and three other buildings were damaged. Two electrical substations that powered the entire hospital infrastructure were also destroyed. In total, 24 departments were damaged.
At the time of the strike, the hospital had about 1,200 patients and was performing 3 complex surgeries. The attack killed 2 people and injured about 300, including 8 children. He also noted that the attack damaged 24 departments, which will limit the ability to provide quality medical services to those in need.
Immediately after the attack on the hospital, Ukrainians started raising funds to rebuild Okhmatdyt and raised about UAH 1.6 billion. However, the hospital’s charitable foundation was then caught up in a scandal. The Foundation chose Bud-Technology LLC as the winner of the tender, despite the fact that this offer was one of the most expensive among the 14 bidders. The Ministry of Health decided to cancel the previous tender and hold a new one through the Prozorro system.
In this regard, numerous inspections by the Ministry of Health and law enforcement agencies were ordered, and the director of Okhmatdyt, Volodymyr Zhovnir, was suspended from his duties and temporarily replaced by Oleksandr Urin. A Council for the Restoration of Okhmatdyt was also established to approve a phased plan for the hospital’s reconstruction.
