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The High Anti-Corruption Court (HAC) has handed down a verdict to one of the defendants in the high-profile "coal case" linked to businessman Vitaliy Kropachov. The court approved a plea deal under which the defendant received a seven-year prison sentence, but was released from serving the punishment with a probationary period.
The key condition of the deal was the convicted man's obligation to provide incriminating testimony regarding the probable organisers of the criminal scheme and other participants. The defendant's name is not officially disclosed, although media previously reported that it refers to Oleksandr Dyrda, director of Ukrainskyi Broker LLC.
According to the NABU and SAP, in 2016–2018, a criminal organisation effectively controlled the procurement system of three state coal mining enterprises: "Shakhtoupravlinnie Pivdennodonbaske No. 1", "Selydivuhillya", and "Myrnohraduhillya".
The investigation found violations in 69 procurements. The majority of contracts resulting from these procedures were awarded to Donenergoeksport LLC. The total value of procurements at inflated prices reached almost UAH 174.5 million, while the amount of illegal overpayment exceeded UAH 51.17 million.
According to the prosecution's version, the organisation was established in August 2016. It had a three-tier structure, where each group performed specific functions.
The first, leading tier included Vitaliy Kropachov and one other unidentified person. They were assigned the role of general management: searching for participants, coordinating actions, distributing duties and profits. Materials concerning these individuals were separated into a separate criminal case.
The second tier consisted of Valentin Hornostaiev, director of Donenergoeksport LLC, and Oleksandr Dyrda. They allegedly organised the work of controlled enterprises, determined initial prices and mark-ups, prepared tender offers, and sought actual suppliers. Dyrda, in particular, was responsible for operations in the "Prozorro" system and had access to the bank accounts of one of the companies.
The third tier comprised members of the tender committees of state enterprises. Their task was to announce procurements under agreed terms, reject competitors' offers, and ensure the victory of the desired companies. Some participants of this tier have already been convicted based on plea deals, including Tetiana Ruda, secretary of the "Myrnohraduhillya" tender committee.
The main supplier was Donenergoeksport LLC. To create the appearance of competition, so-called "support companies" were used. Among them were Trialtrade LLC (for which a fictitious director was recruited in September 2016) and Universal Invest-Stroy LLC (where a similar role was performed by another nominal manager from March 2017). The case materials also mention Febrero LLC.
Actual goods were shipped by manufacturers, including Veles Met, AV Metal Group, and Smart-Prime 1. However, the operations were documented through intermediaries, which allowed artificially inflating the final cost of the products. Potential suppliers were told that payment would only be made to those working through the designated system, and all issues needed to be coordinated with Kyiv.
Oleksandr Dyrda was found guilty of establishing and participating in a criminal organisation, as well as of appropriating property of state enterprises in especially large amounts (Part 4 of Article 28, Part 5 of Article 191, and Part 1 of Article 255 of the Criminal Code of Ukraine).
Part of the court hearing was held in closed session due to the defendant's intention to provide incriminating testimony regarding participants of the first and second tiers of the organisation. The prosecutor informed the court that Dyrda did not receive material compensation from the scheme. The defendant fully admitted his guilt and committed to partially compensating the damage caused — paying UAH 1 million.
The HAC imposed a final punishment of seven years' imprisonment with a ban on holding positions related to public procurement for three years. At the same time, Dyrda was released from serving the main punishment with a three-year probationary period. The court did not apply confiscation of property.
After the verdict enters into legal force, the seizure of Dyrda's property, imposed in 2020, must be lifted. It concerned BMW X5, Nissan Micra, and Honda Civic cars, an apartment, and a non-residential premises. Additionally, a security deposit (financial guarantee) of UAH 1.26 million must be returned to the provider.
The verdict can be appealed to the Appellate Chamber of the HAC, taking into account the restrictions provided for plea deals. Materials concerning other participants in the case, including probable organisers, are being considered separately. Dyrda's expected testimony may become an important part of the further consideration of the case regarding procurements at state coal mining enterprises.
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