Appeal to the Attorney General of Ukraine

герб

Member of Parliament of Ukraine

Interfactional Parliamentary Association
“For the Protection of Violated Rights of Citizens and
Against Political Repression
“Forbidden to Forbid”


Attorney General of Ukraine
Mr. Yuri Lutsenko

DEPUTY’S APPEAL

Dear Mr. Lutsenko,

During my current deputy mandate, I became aware of the possible commission of unlawful actions by individuals in the field of supplying integral complexes and component parts for high-quality medical equipment to the territory of Ukraine, which is used in state health care institutions.

It has been established that there is a number of enterprises in Ukraine, the final beneficiary of which is Gaevsky Konstantin Stanislavovich (Ukrainian, born in Zhytomyr, July 07, 1967). In particular, such as: UMT+ LLC, UMT PrJSC, Medtorg LLC, Private Enterprise “NVO “DIXION Ukraine”.

The aforementioned legal entities appear in numerous criminal proceedingsinto the Unified Register of pre-trial investigations in various regions of Ukraine related to the sale of medical equipment under the tender procedures of the Ministry of Health and regional health departments, namely:

  • 42013080040000048(2013) on the fact of appropriation of budget funds in especially large amounts by officials of the Zaporizhzhya Regional Hospital during tender procurement of medical equipment (the NABU);
  • 52017000000000598(2017) tender procurement by the committee on competitive bidding of a stationary angiographic system (the NABU).
  • 12016080060001586(2016), state procurement of medicines and medical equipment in Zaporizhzhya.
  • 12016101070000215Investigation of officials’ crimes in the field of procurement of medical equipment at inflated prices by the Central Department of Counterintelligence of protection of national economic strength of the SSU.
  • 12018030000000436Investigation is conducted by the Investigation Office of the National Police Department in the Volyn region regarding officials of the health care department of the Volyn Regional State Administration regarding the misappropriation of budget funds for the purchase of medical equipment.

In the media, Gaevsky K.S. is known as the sole supplier of medical equipment from Toshiba Medical (MRI / CT – devices, ultrasound, X – ray, etc) to the territory of Ukraine for more than 10 years.

Gaevsky K.S. has established a number of entities abroad, in particular in Slovakia, which received the exclusive right to sell Toshiba equipment and continued to supply it to Ukraine through his Ukrainian companies.

The sale of medical equipment was carried out through tender procedures, for obviously inflated prices. However, instead of the new Toshiba devices, the entities of Gaevsky K. S. supplied to the Ukrainian hospitals obsolete, already used and often unserviceable component parts.

This criminal scheme worked for the tacit consent and assistance of regional health departments and chief physicians of some medical institutions. Some of them have already been notified of suspicion of embezzlement in particularly large amounts.

In addition, from the available information in the media, Gaevsky K.S., being under the credible protection of one of the operational units of the SSU, works closely with so-called “overseers”, curators in the medical sphere, who actually take decisions on the disposal of public funds by the purchase of medical equipment at their discretion, and are adepts at concealing their criminal activities.

One such person is Dombrovsky Oleksander Rudolfovich, who, through unidentified officials of the Kyiv City State Administration (hereafter – the KCSA), by means of blackmail, intimidation and bribery approves all tender procurements related to medical equipment, is a curator in the medical sphere from the SSU and lobbies for Gaevsky K.S.

The existing schemes are based on the previous heads of the healthcare department of the KCSA, continue to work, despite the attempts of the current leadership to put everything into a lawful “channel” in order to provide the residents and guests of the city of Kyiv with high-quality full medical services.

In fact, the scheme of “Gaevsky-Dombrovsky” continues to thrive under the protection of a separate subdivision of the SSU, which have an unlawful influence on the employees of the health departments and chief doctors of medical institutions in order to persuade to sign contracts for the supply of medical equipment with the entities of Gaevsky K.S. (with “safe” and favorable terms for the supplier).

An example of the aforementioned criminal actions is the lack of supply of the necessary generator to the CT machine at the Children’s Clinical Hospital No. 7 in Kyiv (in the premises of which the Kyiv City Center for Children’s Neurosurgery is located), despite the availability of the necessary funding and a signed service contract with one company from the sphere of influence of Gaevsky K.S., namely “Inmed Ukraine” LLC, which resulted in a 2-month stop of work of such a necessary device for neurosurgery as CT machine.

The most cynical in this case is that the Kyiv City Center for Children’s Neurosurgery takes in children with various serious injuries, which frequently require immediate surgical intervention. The absence of a CT working machine in the hospital room leads to forced transportation of patients (sometimes several times for a day of those who actually cannot be moved at all) to other medical institutions where there is a possibility of a survey on a CT machine.

Such cases are uncommon and being seen in all regions of Ukraine and endanger the patients, which can lead to lethal consequences.

However, despite the established and investigated facts by the SSU of providing by the entities of Gaevsky K.S. (“UMT+”, “UMT”, “Medtorg”, “NVO” DIXION Ukraine”) to the customs control authorities of false information regarding the cost of devices during the transfer of obsolete equipment “Toshiba” into the territory of Ukraine and using controlled companies in Slovakia (“In Med s.r.o”,”In-X medical s.r.o “,”SVS T002 S.R.O”, “Panax F.C.S s.r.o”, “Integral Col Servis s.r.o”) in order to illegally withdraw funds from the state and local budgets in particularly large amounts, the schemes continue to operate and generate profits to his owner and protectors of criminal actions.

Therefore, taking into account the available information, the activity of a large criminal group in the field of procurement of medical equipment for health institutions, headed by Gaevsky K.S., is confirmed. His activities are supported by unidentified officials from the Department of Health of the RSA, chief doctors of separate medical institutions and separate law enforcement agencies, in whose actions the signs of criminal offenses are seen indecisively.

Taking into account the foregoing,in accordance with Article 86 of the Constitution of Ukraine and Article 16 of the Law of Ukraine “On the Status of a People’s Deputy of Ukraine”, I ask you:

  1. In accordance with the requirements of Art. 214 of the Criminal Procedural Code of Ukraine, to enter information into the Unified Register of Pre-trial Investigations in order to verify the above facts and bring the perpetrators to justice.
  1. To check the state of pre-trial investigation in criminal proceedings brought in the Unified Register of pre-trial investigations under No. 42013080040000048, No. 52017000000000598, No. 12016080060001586, No. 12016101070000215 and No. 12018030000000436, in order to establish possible unlawful influence of third parties on the conduct / completion of the investigation.
  1. In case of establishing any violations of the current legislation of Ukraine during pre-trial investigations in the above-mentioned criminal proceedings, take effective measures to stop the offenses and resolve the issue of bringing the perpetrators to justice.

I would like to kindly ask you to inform me of the decision taken in accordance with the procedure and terms defined in part 2 of Art. 16 of the Law of Ukraine “On the Status of People’s Deputy of Ukraine”.

 

Sincerely yours,
Andrii Derkach

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