A SoftServe programmer was tried in Lviv, who, together with his brother, a former law enforcement officer, was involved in the sale of alcohol. We tell the details.
A SoftServe programmer was tried in Lviv, who, together with his brother, a former law enforcement officer, was involved in the sale of alcohol. We tell the details.
On November 20, 2024, the Railway District Court of Lviv considered the case regarding the software engineer of SOFTSERV DYNAMICS LLC and his unemployed partner, who together manufactured illegal alcohol.
According to the case materials, not being natural persons — entrepreneurs and not having a license, they violated the requirements of the Law of Ukraine «On State Regulation of the Production and Circulation of Ethyl, Cognac and Fruit Alcohol, Alcoholic Beverages and Tobacco Products», The men illegally purchased for the purpose of sale, transported from for the purpose of sale, kept for the purpose of sale and sold illegally produced alcoholic beverages.
This activity started in May 2017. With the intention of illegal acquisition for the purpose of sale, transportation for the purpose of sale, storage for the purpose of sale and sale of illegally produced alcoholic beverages, they bought alcohol from an unidentified person, which was transported to a utility room on the territory of a garage cooperative in Lviv.
Counterfeit alcoholic beverages were discovered and seized during searches in glass bottles with a capacity of 0.5 liters with the label «Lvivska szlachetna» — 840 pcs., «Grinday» — 120 pcs., «Khortytsia» — 160 pcs., «Nemirov» — 1535 pcs., «Perlova» — 73 pcs., «Pervak» — 100 pcs., «Morosha» — 220 pcs., «Madoff» — 120 pcs., the caps of the bottles were pasted with fake excise tax stamps, a total of 3168 pcs. Another takra containing a clear liquid with a pungent odor was also recovered.
Also, the men are accused of storing, acquiring, transporting, forwarding, importing into Ukraine for the purpose of using excise tax stamps for the sale of goods, according to a prior conspiracy by a group of persons.
At the court hearing, the programmer pleaded not guilty to the incriminated actions, testified that he graduated from the law faculty with honors in 2015, worked as a legal consultant, but quit due to low pay. Since he did not have his own home, he lived with his brother, it was necessary to look for a job with an adequate level of support. At the same time, he attended English language courses and engaged in self-study in the IT field.
Meanwhile, as of 2017, the developer decided to help his brother, who was engaged in transportation. He mostly transported goods in closed packages. FOP registered already in 2018. Regarding the presented charge, he stated that the fact of purchasing alcohol from a person not identified by the investigation has not been proven. He was aware that his brother bought alcoholic beverages at the Eurotek store, but for his own consumption. In particular, the men had information about a significant increase in the price of alcoholic beverages, so a decision was made to purchase a large batch of alcoholic beverages, as they do not spoil, and they were planning a wedding with their girlfriend (now his wife), and their father is the head of the peasant an agro-industrial enterprise, so he also needed alcoholic beverages.
The prosecution did not prove that they and their brother illegally purchased, kept, and transported excise tax stamps for the purpose of using them in the sale of goods.
As for the discovered alcoholic beverages with fake excise stamps, he noted that they were bought officially at wholesalers, so he did not know and could not have known that the caps of the bottles purchased by him were pasted with fake excise tax stamps.
In the end, after examining the case materials and interviewing the witnesses, the court found the men guilty of illegal acquisition for the purpose of sale, sale or transportation for the purpose of sale of illegally produced alcoholic beverages.
A fine of UAH 17,000 was imposed on each of them. However, due to the expiration of the statute of limitations from paying the fine, they were released. Also, men together have to pay to the budget the cost of examinations — 41,783 hryvnias.
It was decided to destroy the seized bottles and other containers with liquids, and to remove the seizure of real estate, funds and cars.
The verdict can be appealed by filing an appeal within thirty days from the day of its announcement by the participants in the process to the Lviv Court of Appeal through the Railway District Court of the city of Lviv. Lviv.
