In

Address of Anatoly Vladimirovich Peshko to the Minister of Internal Affairs of Ukraine Avakov A. B.

On the facts of numerous violations of the law and corruption among the National police officers and Ministry of internal affairs of Ukraine.

Dear Arsen Borisovich!

I, as a public figure of Ukraine, appeal to you, as the Minister of internal affairs of Ukraine, with an open letter through the critical situation and numerous facts of violations of criminal procedural legislation and corruption among officials of the investigation and inquiry bodies of the Bershad OP GU NP in the Vinnytsia region ( currently the police department No. 1 of the Gaisinsky RUP GU NP in the Vinnytsia region) and the Main investigative department of the National police of Ukraine, during the pre-trial investigation in criminal proceedings on the facts of raider seizures of land plots, which are leased by LLC “Nadbuzhzhya Plus”, and illegal harvesting of wheat and sunflower on them by the private business “Valentina”. The pre-trial investigation in these proceedings was conducted and is being conducted with numerous violations of the requirements of Article 2 of the Criminal Procedure Code of Ukraine. Unfortunately, it is ineffective and frankly biased! At the same time, the previous appeals to the police authorities of different levels, including the Ministry of Internal Affairs, the State Institution of NP in the Vinnytsia region, these facts were left without a proper response from the police leadership, violations of the requirements of the Criminal Procedure Code of Ukraine continue and are of a systemic nature! Thus, the investigators of the investigative department of the police department No. 1 of the Gaisinsky RUP GUNP in the Vinnytsia region) are conducting a pre-trial investigation in criminal proceedings No. 12020025090000016 of 12.07.2020 under Article 356, Part 5 of Article 185, part 2 of Article 364-1 of the Criminal Code of Ukraine on the application of LLC “Nadbuzhzhya Plus”, on the fact of illegal harvesting of wheat belonging to the company on 11.07.2020 by employees of the private business “Valentina” from the land plots of citizens Derevyanga Yu. I. and Derevyanga V. In and others. The total amount of stolen wheat grain of the private business”Valentina” is more than 100 tons. Previously seized, stolen wheat grain was again returned to the private business”Valentina” guilty of this crime, which causes justified indignation of the cynical actions of the police of the Bershad district. Currently, referring to the examination in the specified criminal proceedings, for too long (more than six months), the necessary investigative (search) actions are not carried out, in fact, the criminal proceedings were hidden! At the same time, from the response of the National Police of Ukraine, it became known that the investigator decided to close the specified criminal proceedings in terms of criminal offenses under Part 5 of Article 185( Theft on a particularly large scale), Part 2 of Article 364 -1 of the Criminal Code of Ukraine. In accordance with Article 12 of the Criminal Code of Ukraine, Part 5 of Article 185 of the Criminal Code of Ukraine is a particularly serious crime, and the sanction of this article provides for punishment in the form of imprisonment for a term of 7-12 years with confiscation of property. For the commission of a criminal offense under Part 2 of Article 364-1 of the Criminal Code of Ukraine, the penalty is provided, including in the form of imprisonment for a period of three to six years with the deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years. To date, the Company has not received a copy of the resolution (s) on the adoption of the decision in violation of the requirements of Article 284 of the Code of Criminal Procedure of Ukraine. In addition, the pre-trial investigation body of the Bershad OP GU NP in the Vinnytsia region investigated criminal proceedings No. 12020025090000068 of 15.09.2020 according to LLC “Nadbuzhzhya Plus” on the fact of illegal harvesting of sunflower by employees of the private business”Valentina”, which belongs to the company, on the land plot of Chekhov O. I., under Article 356, Part 2 of Article 185, part 1 of Article 14.ch. 2 of Article 185 of the Criminal Code of Ukraine. These actions of the private business “Valentina” caused material damage to the company of more than 100 tons in the amount of more than 800,000 (800 thousand) UAH. During his stay the investigators Bershad OP GU NP in the Vinnytsia region pre-trial investigation is not carried out, the necessary investigative (search) actions directed on establishment of circumstances of criminal offences has not been!!! Also, employees of emergency Valentina 22.07.2020 illegally harvested winter wheat held by the society on leased land Bridge A. B., Bilyk, A. I., Butenko M. T., Belous A. M. The company appealed to the court with the relevant complaints about the inaction of police officers regarding the failure to enter information about criminal offenses in the ERDR, which are satisfied and the ERDR contains information on these facts and is being investigated in criminal proceedings No. 120200200900000269 of 28.04.2020 under Part 1 of Article 194, Article 356, part 3 of Article 185 of the Criminal Code of Ukraine. In addition, the investigative units of the State Institution of NP in the Vinnytsia region investigated criminal proceedings No. 120190020090000604 of 15.11.2019 and criminal proceedings No. 42019020190000039 of 13.09.2019 in relation to illegal actions of officials of theprivate business”Valentina”. According to the results of consideration of numerous complaints, the Deputy Prosecutor General 16.01.2021 carried out a pre-trial investigation of criminal proceedings No. 12020025090000068 of 15.09.2020 on the fact of illegal harvesting of sunflower by employees of the private business “Valentina”, which belongs to the company, on the land plot of Chekhov A. And, under Article 356, Part 1 of Article 14, Part 2 of Article 185 of the Criminal Code of Ukraine, criminal proceedings No. 120200200900000269 of 28.04.2020 on the fact of harvesting wheat belonging to the company, by employees of the private business “Valentina” on the land plots of Belous A.M., Buchenko M. T., Mostovoy A. B, Bilyk A. I. under Part 1 of Article 194, Article 356, Part 3 of Article 185 of the Criminal Code of Ukraine, criminal proceedings No. 120200200909000000000000269 of 28.04., 42019020190000039 of 13.09.2019 concerning illegal actions of officials of the private business “Valentina” under Part 2 of Article 190, Part 2 of Article 206-2, Article 356, part 1 of Article 366 of the Criminal Code of Ukraine, as well as No. 120190020090000604 of 15.11.2019 on the fact of committing illegal actions by an unidentified contractor, which carried out the allocation of land plots in kind, which is processed by LLC “Nadbuzhye Plus”, according to art. 356 of the Criminal Code of Ukraine, upon receipt by the head of a land management organization that carried out land management work on the allocation of land plots in kind (on the ground), illegal benefits from the owners of land plots of money under Part 3 of Article 368-3 of the Criminal Code of Ukraine and upon the intent of an unidentified person to seize the property right to use agricultural land plots, for Part 2 of Article 206-2 of the Criminal Code of Ukraine, for inefficiency of conducting, violation of reasonable deadlines, the Main Investigative Department of the National Police of Ukraine is instructed. Harvesting of wheat and sunflower by employees of the private business ” Valentina “is possible only on the direct instructions of the company’s officials, who were aware of the ownership of this property of LLC “Nadbuzhzhya Plus”. In criminal proceedings, the company is the victim. Despite the change of the pre-trial investigation body and the fact that more than two months have passed, the necessary investigative (search) actions in these criminal proceedings are carried out too slowly, which causes reasonable concern about the state of pre-trial investigation in criminal proceedings. According to the results of the study of the materials of the criminal proceedings No. 12020025090000068 of 15.09.2020, it was established that no forensic and economic expertise was appointed and carried out in the proceedings regarding the amount of damage caused to the company by the illegal collection of sunflower by employees of the private business “Valentina” on the land plot of Chekhov O. I., which is mandatory in accordance with the provisions of Article 242 of the Code of Criminal Procedure of Ukraine. At the same time, the issue of bringing the perpetrators to the stipulated responsibility for gross violations of the requirements of the Criminal Procedure Code has not been considered on its merits and any measures of influence have not been applied to the perpetrators of the Bershad OP of the GUNP in the Vinnytsia region. Such blatant disregard of the requirements of the Criminal Procedure Legislation would hardly be possible solely because of the lack of time and the lack of proper professionalism of the employees of the Bershad OP GUNP in the Vinnytsia region and law enforcement agencies of the Vinnytsia region, high-ranking officials of the Ministry of Internal Affairs of Ukraine and the National Police of Ukraine. In my opinion, this state of affairs is due to the presence of a corruption component. At a personal meeting, I will provide additional known information about the facts of blocking the pre-trial investigation in these criminal proceedings by employees of the Ministry of Internal Affairs of Ukraine and the National Police of Ukraine. Taking into account the above, I ask you to give instructions to verify the accuracy of the facts of violations of the Criminal Procedure Code of Ukraine, to take effective measures to activate pre-trial investigation in criminal proceedings No. 120200200900000269 of 28.04.2020, No. 42019020190000039 of 13.09.2019, No. 120190020090000604 of 15.11.2019, No. 12020025090000016 of 12.07.2020, to conduct the entire complex of investigative (search) actions aimed at establishing the actual circumstances of committing criminal offenses, bringing the perpetrators to justice.criminal liability. Consider the issue of bringing police officials guilty of improperly conducting a pre-trial investigation into the facts presented to disciplinary and criminal responsibility (if corruption is confirmed), based on the results of an internal audit. I ask you to take personal control of the consideration of the appeal. Please send the answer to the address: 01011, Kiev 11, branch of JSC “UKRPOSHTA”, box number 212. 28.04.2021 Respectfully Public and political figure, academician and First Vice-President Academy of Economic Sciences of Ukraine A. Peshko