Yevhen Zbinskyi: how to become a millionaire by fighting corruption in the tax service

Zbinskyi Yevhen is a former Head of the Internal Security Department of the Office of Large Taxpayers, Colonel of the Tax Police, and currently Head of the Department for the Prevention and Detection of Corruption of the Office of Large Taxpayers.

Provides false information in declarations.

Information in accordance with the declarations submitted by Zbinskyi Yevhen:

Apartment - other right of use.

Total area 42.9 m² (Kyiv), owner - Zbinska Anastasiya. Indicated in the annual declaration for 2016, 2017, and in the declaration before the dismissal of the person authorized to perform state functions (covers the period not covered by previously submitted declarations 01.01.2019 - 30.01.2019).

Not reflected in the declaration for 2018. Real estate objects that are owned or otherwise used, in particular the place of actual residence, are not reflected at all.

Land plot - 100% property, date of acquisition of rights - 07.05.2015.

Total area 1062 m² (Kyiv region), owner – Zbinskyi Yevhen.

Specified in the annual declaration for 2016, 2017.

In the declaration of the candidate for the position of a person authorized to perform state functions (covers the previous year - 2017), which was submitted on 06.12.2018, and in the declaration for 2018, the date of acquisition of the right is indicated - 14.04.2017.

Cash

The annual declaration for 2016 indicates a balance of UAH 270,000.

The annual declaration for 2017 indicates a balance of UAH 440,000.

The annual declaration for 2018 indicates a balance of UAH 700,000.

In other sections reflecting expenses on the basis of which the subject of the declaration has the right of ownership, possession or use, the corresponding information in the amount of UAH 260,000 is not reflected.

* For reference: income received for 2016 is UAH 147,789, for 2017 is UAH 322,773, for 2018 is UAH 446,863 (including accrued taxes).

Vehicles

In the declaration before the dismissal of a person authorized to perform state functions (covers the period not covered by previously submitted declarations from 01.01.2019 to 30.01.2019), which was submitted on 30.01.2019, another right to use a passenger car Volkswagen Touareg (year of manufacture 2013, owner - Sklyarenko Anzhela) is indicated, the date of acquisition of the right is 30.01.2019.

In the annual declaration for 2018 (submitted on 11.03.2019) and the declaration after the dismissal of the person authorized to perform state functions for 2018 (submitted on 11.03.2019), the date of acquisition of the right is indicated as 28.12.2018.

The submitted declarations do not contain information about family members

According to the established information, he lives together and has a common household with Zbinska (Hulevska) Anastasiya, with whom the marriage was dissolved. However, family members include any persons living together who have mutual rights and obligations with the subject of the declaration, including those living together but not married. That is, Zbinska Anastasiya is a member of a family, information about which is not included in the declarations for 2016-2018.

07/25/2015 Zbinskyi E.F. separated from his wife – Zbinska Anastasiya (Hulevska), with whom he had been married since 08/23/2007.

The total amount of income received by Zbinska Anastasiya as an individual entrepreneur is 6,075,239 UAH, namely:

- for 2018 – 977,877 UAH;

- for 2017 – 886,231 UAH;

- for 2016 – 831,992 UAH;

- for 2015 – 805,336 UAH;

- for 2014 – 652,065 UAH;

- for 2013 – 592,509 UAH;

- for 2012 – 593,510 UAH;

- for 2011 – 362,500 UAH;

- for 2010 – 373,219 UAH.

Also, Zbinska Anastasiya is the founder of the enterprise LLC "ALS "Sharm" (EDRPOU code 25467325), the share of the contribution to the authorized capital of the enterprise is 50%.

Based on the results of financial and economic activities, LLC "ALS "Sharm" received net profit:

- 2018 –2800 UAH;

- in 2017 – 2700 UAH;

- in 2016 – 2300 UAH;

- in 2015 – 2100 UAH.

It should be noted that at the beginning of 2015, the company had losses based on the results of operations in previous periods in the amount of UAH 650.3 thousand, and during 2015-2018, income in the form of dividends from participation in capital was not paid.

During her marriage to Yevhen Fedorovych, Mrs. Zbinska A.A. became the owner of:

- one-room residential apartment No. 28 with an area of 59.2 m² at 14 Kostyantyn Dankevych Street, Kyiv (in July 2013);

- three-room residential apartment No. 21 with an area of 127.2 m² on Lomonosov Street, 73D, Kyiv (in October 2013 );

- parking spaces No. 73 with an area of 14.9 m² in the semi-underground parking of the residential complex at the address: Kyiv, Lomonosov Street, 75A (in December 2013);

- one-room residential apartment No. 195, area 51.6 m², located at 8 Oleksandra Mishuha Street, Kyiv (in December 2013);

Anastasiya Zbinska has 3 cars registered as her property:

– HONDACR-V, registration date 2010, year of manufacture 2008;

- LEXUSRX 300, registration date 2010, year of manufacture 2005;

– VolkswagenCC, registration date 2014, year of manufacture 2013.

And also in August 2011, she contributed 700 thousand UAH to the authorized capital of her father’s enterprise, LLC “ALS “Sharm” (EDRPOU code 25467325), which amounted to 50% of the total authorized capital.

The cost of the acquired property is about 13 million UAH, and this is only as of 2014.

At the same time, Zbinska herself is only an individual entrepreneur, and her income from entrepreneurial activity and as a result of receiving dividends amounted to no more than UAH 1 million.

Zbinskyi himself is the owner of only land plot 1 with an area of 0.1062 hectares, which is intended for the construction and maintenance of a residential building, outbuildings and structures (homestead) located on Festyvalna Street, Dmytrivka village, Kyiv-Svyatoshynskyi district, Kyiv region. Undoubtedly, the real estate was purchased "exclusively" for the income of the civil servant. The ownership of the said land plot was registered for Yevhen Zbinskyi on 12.04.2017. It is interesting to note that the owner of land plot 3 with an area of 0.1003 hectares, which is located next to (close to) the plot of Mr Zbinskyi, on Festyvalna Street, Dmytrivka village, Kyiv-Svyatoshynskyi district, Kyiv region, is Anastasiia Zbinska, his alleged ex-wife. Strangely enough, the ownership of the said land plot was registered for A.O. Zbinska on 12.04.2017, a few minutes after the registration of the plot of land for E.F. Zbinskyi by the same notary, Makovetskyi Serhii Leonidovych. Isn’t it strange that persons who divorced almost two years ago would buy real estate together, and even nearby? Not a bad investment in the future for a family that allegedly does not exist.

The fact of the fictitious divorce in 2015 between A.O. Zbinska and E.F. Zbinskyi, not otherwise than to conceal from declaration the property acquired for his illegally obtained income and registered in his wife’s name, is also confirmed by the fact that the latter still declares the use (residence) of an apartment in Kyiv with an area of 42.9 m² owned by A.O. Zbinska, which strangely disappeared from his declaration for 2018 and reappeared in 2019.

Also, E.F. Zbinskyi does not have his own vehicle, but continues to use a ToyotaLandCruiserPrado owned by Oleksandr Hulevskyi (father of Zbinska A.O.), a VolkswagenCC owned by Zbinska A.O., and strangely acquired the right to use a VolkswagenTouareg owned by Skliarenko Angela Fedorivna (sister) on 28.12.2018. Since the introduction of e-declaration, any property of A.O. Zbinska has not been listed in her husband’s declaration.

At the same time, after a fictitious divorce was granted, which gave Mr Zbinskyi the right not to reflect in his declarations information about A.O. Zbinska (his wife) and to conceal from electronic declaration the property he actually acquired for illegally obtained income as a civil servant, the latter became the owner:

- One-room apartment No. 62 with an area of 56 m² at 71-Z Lomonosova str. Kyiv (in November 2015);

- Car parking space No. 92 with an area of 22.8 m² in a residential complex at 71-E Lomonosova St. Kyiv (in March 2017);

- Apartment No. 89 with an area of 75.9 m² in building 26, building 1, on Frantsuzkyi Boulevard in Odesa, Odesa region (in August 2016);

- Land plot with an area of 0.1003 ha located on Festyvalna Street in Dmytrivka village, Kyiv-Svyatoshynskyi district, Kyiv region (in April 2017).

The cost of the above-mentioned property is approximately 6 million UAH .

In this case, it should be noted that in accordance with paragraph 1 of part 1 of article 46 of the Law of Ukraine "On Prevention of Corruption", the declaration, in particular, indicates information about the last name, first name, patronymic, registration number of the taxpayer’s registration card (series and number of the passport of a citizen of Ukraine, if a person, due to his religious beliefs, refused to accept the registration number of the taxpayer’s registration card and informed the relevant body of the central executive body responsible for the formation of state tax policy about this, and has a note about this in the passport of a citizen of Ukraine) of the subject of declaration and members of his family, registered place of residence, as well as place of actual residence or mailing address to which the National Agency can send correspondence to the subject of declaration, place of work (service) or place of future work (service)), position held or position applied for, and category of position (if any) of the subject of declaration.

In turn, attention should be paid to the definition of the concept of "family members" set out in Article 1 of the Law of Ukraine "On the Prevention of Corruption". Thus, in particular, the said norm defines family members as married persons, as well as their children, including adults, parents, persons under guardianship and trusteeship, other persons living together, connected by a common life, have mutual rights and obligations (except for persons whose mutual rights and obligations are not of a family nature), including those living together but not married. Thus, family members, among other things, are considered to be persons who, although not officially married, but living together, connected by a common life and having mutual rights and obligations.

Taking into account the facts mentioned above, namely the use of a common dwelling and vehicles, the acquisition of interconnected land plots simultaneously and by prior agreement as an investment in the family’s future, it can be concluded that there is an actual family relationship between Yevhen Zbinskyi and Anastasiya Zbinska, and, accordingly, a fictitious divorce.

Thus, Yevhen Zbinskyi violated clause 1, part 1, article 46 of the Law of Ukraine "On Prevention of Corruption" when filling out and submitting a civil servant’s asset declaration, which constitutes a criminal offence under part 1 of article 366-1 of the Criminal Code of Ukraine.

Thus, the sphere of influence of the Hulevskyi family (relatives of Anastasiya Zbinska), headed by Oleksandr Gulevsky, a prominent Ukrainian cryobiologist, Doctor of Biological Sciences, Professor, Honoured Worker of Science and Technology of Ukraine, includes a number of enterprises, namely:

- ALS Charm LLC (EDRPOU code 25467325), founded by Anastasiya Zbinska, Oleksandr Hulevskyi (who is also the director), Lyubov Hulevska and Milan Lipovetskyi;

- LLC "Himpex-Bio" (EDRPOU code 37092851), founders Yulia Hulevska, Lyubov Hulevska;

- BIOLAR LLC (EDRPOU code 38278716), founder and director - Rodion Hulevskyi.

The amount of income received by Oleksandr Hulevskyi as an individual entrepreneur is as follows:

- 2018 – 333,730 UAH;

- 2017 – 4,184,190 UAH;

- 2016 – 612,058 UAH;

- 2015 – 882,206 UAH;

- 2014 – 1328785 UAH;

- 2013 – 1109050 UAH;

- 2012 – 407,091 UAH;

- 2011 – 483,511 UAH;

– 2010 – 437,274 UAH.

Hulevskyi Oleksandr is also the founder of the enterprise LLC "ALS "Sharm" (EDRPOU code 25467325), the share of the contribution to the authorized capital of the enterprise is 20%. During 2015-2018, he also did not receive income in the form of dividends from participation in the capital.

At the same time, 4 cars are registered as property of Olexander Hulevskyi:

- AUDIQ7, registration date 2014, year of manufacture 2014;

- TOYOTALANDCRUISER 200, registration date 2012, year of manufacture 2008;

- TOYOTALANDCRUISER 200, registration date 2014, year of manufacture 2013;

- TOYOTALANDCRUISERPRADO, registration date 2010, year of manufacture 2006.

The amount of income received by Lyubov Hulevska as an individual entrepreneur is:

- 2018 – 924,387 UAH;

- 2017 – 902,641 UAH;

- 2016 – 897,231 UAH;

- 2015 – 783,291 UAH;

- 2014 – 878,516 UAH;

- 2013 – 755,052 UAH;

- 2012 – 706,212 UAH;

- 2011 – 487,615 UAH;

– 2010 – 489,417 UAH.

Lyubov Hulevska is also the founder of the enterprise LLC "ALS "Sharm" (EDRPOU code 25467325), the share of the contribution to the authorized capital of the enterprise is 20%. During 2015-2018, she also did not receive income in the form of dividends from participation in the capital.

At the same time, Lyubov Hulevska has 4 cars registered as her property:

- LEXUSGX 460, registration date 2012, year of manufacture 2012;

- MERCEDES-BENZ GLE 250D 4MATIC, registration date 2017, year of manufacture 2016;

– NISSANQASHQAI, registration date 2010, year of manufacture 2008;

- TOYOTARAV 4, registration date 2015, year of manufacture 2015.

Zbinska Victoriya (mother), as an individual entrepreneur, ceased her activities in 2010 and, accordingly, did not receive income from entrepreneurial activities.

Zbinska Victoriya is also the founder of the Ulyanovsk District Consumer Society (EDRPOU code 01756881), the share of the contribution to the authorized capital of the enterprise is 14.22%.

Based on the results of financial and economic activities, the Ulyanovsk District Consumer Society received a net profit of UAH 34,700 in 2018 and UAH 199,800 in 2017. In 2016, the enterprise operated with a loss of UAH 65,300, and in 2015, it did not operate at all.

Based on the results of its activities in 2017, the enterprise paid the founders income in the form of dividends from participation in capital in the amount of UAH 202,900, that is, Victoriya Zbinska received income in the amount of UAH 28,852.

All the above-mentioned enterprises are registered and are on tax records in the city of Kharkiv, where Mr. Zbinskyi himself, his wife and, accordingly, all her relatives come from. However, BIOLAR LLC (EDRPOU code 38278716), the owner and director of which is the brother of Anastasiya Zbinska - R.A. Gulevsky, with a gross profit for 2016 and 2017 of up to UAH 100 million per year, strangely in 2017, without any grounds for this, switched to tax registration in the Kharkiv Office of Large Taxpayers of the State Fiscal Service, where the fight against corruption at the central level was carried out by E.F. Zbinskyi, holding the position of head of the internal security department of the Office of Large Taxpayers.

It is also significant that the private enterprise Firma Biotekhnologiya, the legal successor of which is OOO BIOLAR, and Rodion Hulevskyi himself, as its director and owner, were defendants in a criminal case on evasion of customs duties in 2011 for more than half a million hryvnias. as a result of importing medical products and raw materials for their production into Ukraine. The pre-trial investigation was carried out by the SSU Directorate in the Kharkiv region.

Taking into account the above, we can come to the conclusion about the possible fact of abuse of power by Zbinskyi Yevhen with the purpose of obtaining an undue benefit both for himself and for the above-mentioned legal entities, by using his official position contrary to the interests of the service, for which liability is provided for in Part 2 of Article 364 of the Criminal Code of Ukraine.

Thus, summarizing the above in its entirety, it is obvious that Zbinskyi Yevhen, being a subject of declaration, to whom the Law of Ukraine "On Prevention of Corruption" applies, violated the requirements of paragraph 1 of Part 1 of Article 46 of the said Law, by not reflecting in the declaration information about family members and their property status, thereby committing a criminal offense provided for in Part 1 of Article 366-1 of the Criminal Code of Ukraine, and there are also sufficient grounds for bringing to justice in accordance with Part 2 of Article 364 of the Criminal Code of Ukraine for abuse of power and official position.

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