Statement of a Criminal Offense (under Part 1 of Art. 214 of the Criminal Procedure Code of Ukraine) (Dmytro Sherembei and Vitalii Shabunin). Translation

1. PEOPLE'S DEPUTY OF UKRAINE
No. ___________
dated February __, 2020
National Police of Ukraine
01601, Kyiv, 10 Akademika Bohomoltsia Str.
STATEMENT
of a Criminal Offense
(under Part 1 of Art. 214 of the Criminal Procedure Code of Ukraine)
In my political and public activities, in my speeches and presentations, I have
repeatedly raised the pressing issue of the embezzlement and misuse of international
technical assistance allocated by partner countries for the development of Ukraine.
According to a report by the Accounting Chamber of Ukraine, in 2015, 440
international technical assistance projects totaling $5.2 billion were active in Ukraine;
and in 2017, there were 390 projects worth $5.3 billion. The results of the
implementation of a considerable number of projects did not meet the identified
priorities of socio-economic development of Ukraine. «The authorized state bodies
have not evaluated the results of the implementation of international technical
assistance projects and the effectiveness of the use of financial and other
resources received under these projects" - the Report states.
Also, the conclusions of the Accounting Chamber of Ukraine refer to the
imperfection of the current regulatory framework of Ukraine, which regulates the
process of receiving and use of international assistance, which creates very
comfortable conditions for its "utilization" by some public activists.
Two of them are repeatedly convicted of a severe crime Sherembei Dmytro
Olehovych, d.b. February 21, 1977, and his close friend Shabunin Vitalii
Viktorovych, d.b. November 26, 1984, who jointly founded the CENTER FOR
ANTI-CORRUPTION NGO (EDRPOU code 38238280). However, despite the
media's excessive attention to the criminal past, Sherembei D.O. was forced to
withdraw from the "anti-corruption" public organization formally. According to

2. investigative journalists, Sherembei D.O. and Shabunin V.V. in fact use CENTER
FOR ANTI-CORRUPTION NGO as a cover and a mean of lobbying their own
commercial and other schemes.
According to the information, provided by investigative journalists, which
needs to be investigated, Sherembei D.O. and Shabunin V.V. organized the
scheme for embezzlement of international technical assistance funds through the
All-Ukrainian Network of People Living with HIV/AIDS Charitable
Organization (EDRPOU code 21721459) founded by Sherembei D.O.
It was established that in the period from 2015 to 2017, the main donors of the
All-Ukrainian Network of People Living with HIV/AIDS Charitable Organization
were USAID and the Global Fund to Fight AIDS. During this period,
$133,881,757 was credited to the accounts of the All-Ukrainian Network of
People Living with HIV/AIDS Charitable Organization.
The scheme consisted of withdrawing funds from the All-Ukrainian Network
of People Living with HIV/AIDS Charitable Organization to a number of controlled
charitable foundations and public organizations, which received funds for their
charitable programs, namely:
Financing of sub-recipients Amount, $
Chas Zhyttia Plius, All-Ukrainian Charitable Organization 12,789,610
KMV Vseukrainska Merezha LZHV Kryvyi Rih, All-Ukrainian
Charitable Organization 8,814,341
Svitanok Club, Charitable Organization 8,214,619
KMV Vseukrainska Merezha LZHV Kyiv, All-Ukrainian Charitable
Organization 7,354,966
ONOOO Razom Za Zhyttia, Charitable Organization 6,933,499
Soniachne Kolo, NGO 6,183,017
Doroha Zhyttia Dnipro, NGO 5,489,543
BA Dopomohy VIL-IFIU Svitlo Nadii 5,399,355
KHOV Vseukrainska Merezha LZHV Kharkiv 5,361712
Vseukrainska Merezha LZHV Krym, All-Ukrainian Charitable
Organization 5,285,882
MBF Vertykal 4,415,542
Chas Zhyttia Association 4,298,190
DOHO Enerhiia Zhyttia Plius 3,618,722
CHOV Vseukrainska Merezha LZHV Cherkasy, All-Ukrainian
Charitable Organization 3,604,564
Donetsk Regional Society for Assistance to HIV-Infected Persons 3,590,430
Fond Dopomohy Zhyttia, NGO 3,384,437
Dytiachyi Fond Zdorovia Cherez, NGO 3,242,357
CHOV Vseukrainska Merezha LZHV Chernihiv, All-Ukrainian
Charitable Organization 3,210,417
DOBO Variant 3,178,114
ZHOV Vseukrainska Merezha LZHV, All-Ukrainian Charitable
Organization 3,048,979
ZOV Vseukrainska Merezha LZHV, All-Ukrainian Charitable
Organization 2,959,021
KHMHO 21 Stolittia Association 2,936,501
LOV Vseukrainska Merezha LZHV Luhansk 2,620,963
MOV Vseukrainska Merezha LZHV, All-Ukrainian Charitable
Organization 2,445,052
KOV Vseukrainska Merezha LZHV, All-Ukrainian Charitable
Organization 2,411,204
DOBF Oberih 2,404,299
SMHO Nasha Dopomoha 2,325,387

3. CHOV Vseukrainska Merezha LZHV Chernivtsi, All-Ukrainian
Charitable Organization 2,243,903
Institute for the Development of Public Innovation, NGO 2,210,267
HMO Zhyttia + 2,210,142
Nadiia Poriatunok, Charitable Fund 2,207,717
DOBF TSSR Mist 2,167,588
LOV Vseukrainska Merezha LZHV, All-Ukrainian Charitable
Organization 2,162,433
Impuls Club, NGO 2,089,170
Vira, Nadiia, Liubov Organisation 2,089,092
Total 142,901,035
Further, according to the information provided by investigative journalists that
need to be checked by investigation some of these companies formally used part of
the funds for the intended purpose, while the others did not carry out any
charitable programs at all, and the amounts were simply deposited into the
accounts of individuals of entrepreneurs. One example is Svitlo Nadii NGO, which
received $5,399,355 from the All-Ukrainian Network of People Living with
HIV/AIDS Charitable Organization for its charity program under the project Poltava
Region for Internally Displaced Persons. It was found that any of the internally
displaced persons received no real financial assistance, and the funds were transferred
to the accounts of shell individual entrepreneurs.
In addition, investigative journalists, having analyzed the activities of the All-
Ukrainian Network of People Living with HIV/AIDS Charitable Organization,
concluded that Sherembei D.O. and Shabunin V.V. lobby the interests of companies
when purchasing the necessary medical equipment and medicines. According to
investigative journalists, this information is confirmed by the traffic of telephone
connections between the persons mentioned above and representatives of the
participating companies during the period of relevant public procurement.
Equipment supplier Health products & medical equipment, $
Daren-Invest 7,821,215
Vogt Vertrieb 7,355,890
Dongkuk Techco Rubber Industries Sendirian Berhad 7,019,156
FARMASKO LLC 2,721,279
New Vision Solution Limited 2,479,971
Sferum LLC 1,700,250
Cepheid HBDC SAS 1,473,933
Optylla Pharm LTD 942,139
Diaprof-Med 572,537
BaDM 566,066
Promo-med 495,166
Hordyna T.V. 248,645
IHAR 225,743
VEST OST Medical 219,978
Patskan O.O., PE 165,801
Biolain Ukraine, SE 114,703
Total 34,122,472
Equipment supplier Health products & medical equipment, $
SE Yurol 2,035,589

4. ІVЕСО Espana SL 1479,938
Zhadko, PE 221,563
DATA MENEDZHEMNT 128,834
BUHAIENKO H.H. 110,700
NECHET Roman Mykolaiovych, PE 109,151
SKRYKUKN I.V., PE 101,561
SP HRUPP 101,110
ABI Ukraine LTD 97,060
Nadiia ta Poriatunok, Simferopol 95,095
Ekomtekh 88,321
LDS-SERVIS 79,862
NORMA-TRADE 78,546
PARUS, Kharkiv 70,500
Vid Sertsia Do Sertsia Novyi, Cherkasy 50,596
Zlahoda NGO, Vinnytsia 35,230
Shliakhom Do Domu, Odesa 33,245
Total 4,916,901
Equipment supplier Medicines and pharmaceuticals, $
Pharmascience INC. 3,164,581
Interkhim 2,670,598
Zdorovia Narodu 1,801,680
Molteni 1,376,004
Rusan Pharma LTD 1,070,683
Stymul, Sloviansk 65,679
Molodizhnyi Tsentr Rozvytku, Odesa 48,772
Shliakhom Do Domu, Odesa 46,750
Total 10,244,747
There are a number of companies with fictitious signs and negative business
reputation among these counterparties, which win tenders for public procurement,
and subsequently, fail to comply with the terms of the contracts and appropriate
public funds with the help of Sherembei D.O. and Shabunin V.V. The information
provided should also be investigated.
Thus, the actions of the Chairman of the Coordination Board of the All-
Ukrainian Network of People Living with HIV/AIDS Charitable Organization
(EDRPOU code 21721459), Sherembei Dmytro Olehovych and the Chairman of
the Board of the CENTER FOR ANTI-CORRUPTION NGO, Shabunin Vitalii
Viktorovych have signs of a criminal offence under Part 5, Art. 191, Part 4, Art.
190, of the Criminal Code of Ukraine.
Taking into account the fact that CENTER FOR ANTI-CORRUPTION NGO
according to Shabunin V.V. himself and other open sources use the funds, among
others, of the United States Government, and Shabunin V.V. himself actively
emphasizes close ties with officials, former diplomats and employees of the US
Embassy in Ukraine, I consider it necessary to investigate this activity using the
opportunities provided by the international treaties of Ukraine under foreign legal
assistance, including the treaties with US.

5. The United States of America is a reliable strategic partner of Ukraine,
who has repeatedly supported the reforms in Ukraine and Ukrainian integrity
with their targeted actions.
Following the requirements of Part 1, Part 4 of Art. 214 of the Criminal
Procedure Code of Ukraine (hereinafter - the CPC of Ukraine) the investigator, the
prosecutor is obliged to register the relevant information with the Unified Register of
Pre-trial Investigations and initiate investigations immediately, but not later than 24
hours after filing a statement or a notification of a criminal offense. It is not allowed
to refuse to accept and register a statement or notice of a criminal offense.
In addition, according to Paragraph 1, Part 1, Art. 303 of the Criminal
Procedure Code of Ukraine the inaction of the investigator or the prosecutor in the
form of failure to register the information about the criminal offense with the Unified
Register of Pre-Trial Investigations after receiving the statement or notice of a
criminal offense may be appealed to the investigating judge.
Given the above, guided by Art. 214, 216 of the Criminal Procedure Code
of Ukraine,
I HEREBY REQUEST:
1. Register the relevant information with the Unified Register of Pre-trial
Investigations and initiate pre-trial investigation no later than 24 hours after
filing this statement of a criminal offence to establish the actual circumstances of
the case and prosecute the perpetrators.
2. Notify me of the results of consideration of the statement of criminal
offense within the statutory time limits.
3. Take personal control over the course of the pre-trial investigation.
Derkach A.L.