THE MAIN NEWS IN THE CASE:
The results of our appeals and attached written evidence from 03.06.2016, 21.06.2016 Lviv Local Prosecutor's Office No. 3 submitted to the Unified register of pre-trial investigation on the fact of embezzlement of funds by officials of the Road Service in Lviv redion in large amounts in the amount of 192 178,70 UAH, with the legal qualification of the criminal offense under part 4 of article 191 of the Criminal Code of Ukraine.
THE CRUX OF THE MATTER:
The lawyers of the NGO "Community Development" conducted their own investigation regarding the violation of construction of a motor road of state importance M-10 Lviv - Krakovets on the section km 69+926 – km 70+446, Lviv region. And found a lot of interesting aspects, which ultimately became evidence for criminal proceedings.
Go in order:
Object: the construction of a road of state importance M-10 Lviv-Krakovets on the section km 69+926 – km 70+446, Lviv region.
Customer: the Roads Service in the Lviv region;
Contractor: LLC " Onur KONSTRUKTSION INTERNATIONAL"
Information about land plot: State act II-LV 005286 1995-09-11
As seen from the State act II-LV 005286 1995-09-11 user with the right of permanent use of land 28,18 hectares within the boundaries according to the land use plan-is the Management of the main tracks No. 3 Krakovetska on the territory of the District Council of people's deputies of the Yavoriv district, Lviv region. In such circumstances, the Roads Service in the Lviv region had no right to act as the customer of construction, since the latter is not the successor of the specified Control, respectively, the land is not in their use. Thus, the latter introducing false data and acting as the customer of construction violated the requirements of the Law of Ukraine "On regulation of urban development".
On 31 March 2016 was held Audit, which establishes that the officials of the Road Service in Lviv region, by signing the acts of acceptance of work performed on the contract concluded between the Road Service in the Lviv region and LLC " Onur KONSTRUKTSION INTERNATIONAL" from 03 September 2015 No. 108-09\15 the execution of works on construction of motor roads of General use of state importance M-10 Lviv-Krakovets on the section km 69+926 – km 70+446 totaling 29 190 511,20 UAH, has made these documents of information on works that have not actually been executed, carried out thus the embezzlement of funds in especially large sizes.
At the end of May for our appeal to the Chairman of the STATE ARCHITECTURAL AND CONSTRUCTION INSPECTORATE OF UKRAINE carried out an unscheduled inspection of observance of requirements of the legislation in the field of urban development, and state building codes during construction roads of national importance. During the inspection, confirmed all the facts given in our complaint, and that the absence of a duly executed urban conditions and restrictions and the lack of rights of property, as a result canceled the Order about granting town-planning conditions and restrictions, and the resolution on the beginning of construction work of V categories of complexity.
LEGAL ASPECTS OF THE CASE:
Thus, the construction of state roads have occurred with gross violations, so together with the people's Deputy Andriy Antonyshchak, we:
- addressed to the President of STATE ARCHITECTURAL AND CONSTRUCTION INSPECTORATE OF UKRAINE - Kudryavtseva O.V.;
- appealed to the Prime Minister of Ukraine Groisman, V. B.;
- addressed to the General Prosecutor of Ukraine Lutsenko Yu. V.;
- separately made a speech at the Board meeting of the Public Council under the LRSA with the requirement to pay attention of the Head of LRSA Synyutka O. M. on such egregious facts of embezzlement of funds in the region, and to take personal control of activity of Service of highways in the Lviv region.
What do we have today?! We have a completely illegal construction of the national road, cancelled all permits, road is not constructed, the stolen funds and criminal proceedings!!!
Such "professional" individuals have no place in Road Service in the Lviv region.
Sincerely, lawyer Bolyubash A. R.