Konstantin Ovcharov, the representative of the Main Detective Unit of the Economic Security Bureau of Ukraine, took part in the roundtable "Dialogue between Parliamentarians and Practitioners: Criminal Liability for Crimes Related to Humanitarian Assistance" organized by the Verkhovna Rada Committee on Law Enforcement.
The event, held in Lviv, was attended by Markus Rolofs, Acting Head of the Lviv Regional Representation of the European Union Advisory Mission Ukraine, Maksym Pavliuk, Deputy Head of the Verkhovna Rada Committee on Law Enforcement, representatives of the Lviv Regional Military (State) Administration and representatives of other law enforcement agencies.
The participants paid special attention to the issues of procedural guidance and collection of evidence in criminal proceedings on the facts of illegal use of humanitarian aid.
Currently, by Article 216 of the CPC of Ukraine, the jurisdiction of Article 201-2 "Illegal use of humanitarian aid, charitable donations or free assistance for profit" is assigned to the investigative bodies of the National Police of Ukraine, which carry out a pre-trial investigation of criminal offenses related to the illegal use of humanitarian aid.
In turn, ESBU detectives conduct pre-trial investigations of criminal offenses committed by the ESBU investigators related to humanitarian aid.
According to Konstantin Ovcharov, it is a false declaration by unjustified application of preferences and privileges provided by law. There are also cases of registration of charitable organizations in the name of fictitious persons, documents (letters of guarantee) submitted to the customs authorities when importing goods under the guise of humanitarian aid or importing vehicles into Ukraine under the guise of charitable aid, which are later sold for cash, etc.
"Currently, the detectives of the Economic Security Bureau are investigating 6 such criminal proceedings. Also, a case against an organized criminal group whose members are accused of committing a criminal offense under Part 2 of Article 222 of the Criminal Code of Ukraine "Fraud with financial resources" has recently been sent to court," said Konstantin Ovcharov in his speech.
During the event, the participants also discussed court practices, issues, and prospects for prosecution in cases of misuse of humanitarian aid, charitable donations, or free assistance under the current legislation of Ukraine.