The Shevchenkivskyi District Court of Kyiv has issued an acquittal for Vitaliy Volynets, the former director of LLC Gas Supply Company Naftogaz Trading. The official was accused of misappropriation and embezzlement of property through abuse of office (Part 5 of Article 191 of the Criminal Code of Ukraine) related to the alleged illegal accrual of bonuses. After reviewing the evidence, the court concluded that the former executive’s actions did not constitute a criminal offense.
According to the investigation, between November 2018 and March 2019, Vitaliy Volynets allegedly issued unauthorized production bonuses to himself and company employees. Prosecutors argued that the bonus policy had been approved without the consent of the founder, DC Gas of Ukraine, and that no collective bargaining agreement was in place at the time.
However, the court found no evidence of legal violations. The verdict stated that the existing bonus policy did not require mandatory approval from the founder’s general meeting. The court established that the payouts were based on internal memos from department heads and financial analyses from the accounting department, and were explicitly permitted under the director’s employment contract.
«All doubts regarding the proof of guilt, if they cannot be resolved, must be interpreted in favor of the defendant,» the court stated in its ruling.
The court was highly critical of the evidence presented by the prosecution. Specifically, the economic expert analysis aimed at proving financial damages was ruled inadmissible, as it was based on legal interpretations rather than economic calculations.
Furthermore, Naftogaz Trading had initially filed a civil lawsuit seeking 1.74 million UAH in damages. During the preliminary hearing, however, the company’s representative withdrew the claim, and the court subsequently dismissed it.
The verdict has now entered into legal force. In addition to his acquittal in this criminal case, Vitaliy Volynets was previously awarded 8.5 million UAH in compensation in a separate legal battle concerning his unlawful dismissal.