HAC rejects anti-corruption officer of Centrenergo's complaint against NABU's inaction

HAC rejects anti-corruption officer of Centrenergo's complaint against NABU's inaction
HAC rejects anti-corruption officer of Centrenergo's complaint against NABU's inaction

Court denies request to register case

The High Anti-Corruption Court (HAC) rejected the complaint of the anti-corruption officer at JSC "Centrenergo". The woman sought to compel the National Anti-Corruption Bureau (NABU) to enter information into the Unified Register of Pre-Trial Investigations (ERDR).

The basis for the complaint was a report of a possible criminal offence sent by the officer to NABU. The document was based on an anonymous letter received on the same day.

Content of the anonymous message

The author of the letter, who identified himself as a "Centrenergo" employee, claimed to have overheard a conversation between the head of the HR department and the chief accountant. According to him, after paying salaries, management withdraws cash and passes it on.

Allegedly, funds are collected monthly from board members and highly paid executives. The total amount, according to the anonymous source's estimate, reaches several million hryvnias per month. The money is supposedly passed via an intermediary to a person "from the Fund" (State Property Fund of Ukraine) for "protection". The author emphasised that he did not witness the transfer process and asked for his anonymity to be preserved.

The report also mentioned excessive executive pay, "protection" of the general director by the State Property Fund, and the blocking of internal anti-corruption mechanisms following the appointment of a new head in May 2026. The state owns over 78% of "Centrenergo" shares, and the management of this package is carried out by the State Property Fund.

NABU's position and court arguments

The officer believed that the actions may contain signs of receiving improper benefit (Article 368 of the Criminal Code of Ukraine). She emphasised that due to the status of the Deputy Head of the State Property Fund, the case falls under NABU's jurisdiction.

NABU detectives objected to the complaint. Following the verification of the statement dated 10 October 2026 (received on 12 October), the bureau found no circumstances indicating the commission of a crime within its jurisdiction.

In its response, NABU noted that the information is based on rumours and hearsay. There is a lack of specific data regarding the subject, time, place, and method of fund transfer. Since the author did not observe the money transfer, and an internal audit was not conducted due to limited access to documents, the evidentiary base is weak. Issues regarding salary levels and staffing structure fall within the competence of the company's governing bodies. The provided statement on salary accruals confirms only the legality of payments, not the subsequent removal of funds.

The bureau emphasised that the initial stage of an investigation cannot be used for general audits or verification of rumours.

The investigating judge of the HAC supported NABU's position. The court noted that abstract assertions are insufficient for entering information into the ERDR. The report lacks actual signs of the elements of a crime — it contains only the anonymous person's subjective claims about overheard conversations.

Procedural aspects of the case

The court also drew attention to procedural requirements. For NABU jurisdiction under Article 368 of the Criminal Code of Ukraine in 2026, the value of the subject of the offence must be at least 1.66 million hryvnias. The complaint does not provide such specific signs, only assumptions about "several million".

Separately, the court emphasised that the unfounded opening of criminal proceedings based on rumours can be used to pressure individuals and is an inefficient use of state resources. The possibility of judicial control by the HAC in such cases is determined by the presence of specific signs of jurisdiction and competence.

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