As the prosecutor of department of prosecutor's office of area Alexey Gavrilko, 40 - the summer native of Nikolaev V.'s who earlier was already brought by the Central district court of the regional center to trial on h citizen reported. 2 Art. 358 and h. 3 Art. 358 of the Criminal code of Ukraine (forgery, the seals, stamps and forms, their sale, use of the forged documents), on a way of correction didn't become and again committed crimes.
Being the director of one of private enterprises as the official of the subject of managing, V. during the period from May to December, 2005, having deliberately brought inveracious sheets about results of managing in tax declarations and having forged reporting documents on carrying out economic operations, I evaded from payment of a value added tax and an enterprise profit tax. Owing to such actions in budgets didn't arrive funds for total amount of 2 350 145 UAH
The investigative department of tax police of GNA in the Nikolaev area on the specified fact brought criminal case concerning V.'s citizen on signs of the crimes provided by the Art. of Art. 212 ч.3, 358 p.1, 358 ч.3, 366 ч.2 the Criminal code of Ukraine - evasion of taxes, forgery, office forgery.
Further on this criminal case the pretrial investigation was completed and business is directed for consideration to Zavodsky district court of Nikolaev.
As the prosecutor of department of prosecutor's office of area Anna Brek who held charge of court reported, on May 14, 2008 the Zavodsky district court of Nikolaev found V. guilty of commission of the crimes provided by the above articles of the Criminal code of Ukraine, and pronounced a sentence according to which to the former director punishment in the form of 5 years of imprisonment with deprivation of the right to hold the corresponding positions at the enterprises of all forms of ownership for a period of 3 years is appointed. But on the basis of the Art.75 Criminal codes of Ukraine it was exempted from punishment with a trial period for 3 years.
Having disagreed with a sentence of Factory district court of Nikolaev, the deputy prosecutor of the Nikolaev area brought the appeal in trial chamber on criminal cases of appellate court of the Nikolaev area.
Having considered the appeal of prosecutor's office of area with the assistance of the prosecutor Anna