Oleksii Butenko’s Defense: The Case Closed — He Is Not Wanted, His Good Name Restored, and His Position

After three years of legal persecution, the prosecutor’s office has closed the case against entrepreneur Oleksii Butenko. Cases like this often give the impression that sometimes, the law itself takes a back seat.

Ukrainian News spoke with Butenko’s defense attorneys — Stanislav Borys and Maksym Boiko from the Vidar Law Firm — about the circumstances of the case.

Defending such complex cases, we should imagine, is like fighting with wooden sticks against a massive criminal machine determined to crush a person — his reputation, his name, and his fate.

Yet, tireless work eventually bears fruit: in September 2025, the Holosiiv District Prosecutor’s Office of Kyiv officially closed the criminal proceedings against Ukrainian entrepreneur, investor, and energy-sector expert Oleksii Butenko.

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How the case originated, why the raiders became active, how the scandal was used within Naftogaz, and how Butenko himself defended against pressure and threats — all this was revealed in an interview with his attorneys Stanislav Borys and Maksym Boiko from Vidar.

What is the current status of Oleksii Butenko’s case?

Maksym Boiko: “Today, criminal case No. 12021100010002282 dated September 23, 2021 has been officially closed. On September 23, 2025, the Holosiiv District Prosecutor’s Office of Kyiv issued a resolution to terminate the proceedings. No criminal actions were proven, and the prosecution failed to obtain any evidence indicating that a crime had been committed. Therefore, Mr. Oleksii’s reputation and good name have been fully restored.”

Even during the pre-trial investigation, the lack of grounds for suspicion and the fact that Oleksii Butenko never acquired the status of a “suspect” were confirmed by a series of court rulings — in particular, by several decisions of the investigating judge of the Holosiiv District Court of Kyiv (case No. 752/9243/23, proceedings Nos. 1-кс/752/5066/23, 1-кс/752/1448/24, and 1-кс/752/1447/24).

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Subsequently, the Kyiv Court of Appeal, by its ruling of June 27, 2024 (case No. 752/9243/23, proceedings No. 11-сс/824/4459/2024), definitively established that Oleksii Butenko is not a suspect, has not been arrested, and is not under international investigation. This ruling of the Сourt of Appeal is final and not subject to appeal.

Despite these court rulings, opponents continued to spread false statements, ignoring judicial decisions and attempting to portray Butenko as a fugitive and a criminal.

Stanislav Borys:

“An official response from the National Police of Ukraine (Kyiv City Department, No. 3813442025 dated October 1, 2025) confirmed that there is no record of Butenko being wanted. This has finally put an end to all speculations.”

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But cases don’t just come from nowhere. What was at the core of this criminal proceeding?

Stanislav Borys: “At the core of the so-called ‘evidence base’ in this criminal case were a series of contracts — or more precisely, an expert examination of those contracts — which the opponents tried to use as proof. After reviewing the materials, it became clear that the examination had been conducted with gross violations — without adherence to legal norms, standards, methodologies, or the right to defense.

This is critically important, as just expert’s conclusions determine, among other things:
• whether the signature on a contract was actually made by the person indicated, or by someone imitating it;
• whether the signature was placed before or after the text was printed on paper;
• whether the signature was made using technical means (such as tracing, copying, or transfer techniques);
• whether the handwriting was affected by physiological or psychological factors (for example, tremor or illness).

Clearly, truthful and professional answers to such questions from an expert can fundamentally change the direction of a criminal case.

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We appealed to the Ministry of Justice of Ukraine, where the matter was reviewed in detail by a special commission of seven independent experts. The result: Commission Decision No. 34/7-K dated June 14, 2024, which recognized that this examination had been conducted with significant violations of the law and cannot be used as evidence.”

 

Moreover, the so-called experts who had signed the document without proper qualifications received official reprimands and administrative sanctions. This ultimately destroyed the foundation of the fabricated case.

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Why did this case arise in principle?

Stanislav Borys:

“Still at the height of the struggle, before the case was closed, I spoke publicly about both the history of the persecution and who was behind it, as well as the methods being used.
In fact, the raider attacks intensified precisely when the loan from the EBRD which Oleksii had obtained for the construction of a power plant was fully repaid. At that point, the corporate rights of the company that owned the Ivankiv Thermal Power Station (TPS) — as well as the property complex and equipment — were released from collateral.

Oleksii Butenko is the ultimate beneficial owner (UBO) of Biogazenergo LLC, the company that operates the Ivankiv TPS. This information is publicly available in the Unified State Register of Legal Entities of Ukraine: https://usr.minjust.gov.ua/ua/freesearch
(Simply enter “ТОВ Біогазенерго” in the search field to see the registered UBO — Oleksii Mykolaiovych Butenko).

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The market value of this asset before the war was around €80 million, which, of course, made it a highly desirable target for corporate raiders.

As long as the asset remained under international EBRD oversight, no one dared to attack it. But as soon as the bank released all assets back to Mr. Butenko’s enterprise, the raiders became active — launching legal, media, and even criminal pressure.

This situation was already reported by investigative journalists in March 2024 in DSnews:
“Oleksii Butenko — How Russian Agents Are Undermining Ukraine’s Energy Sector.”

To what extent unexpected was this case for your client?

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Stanislav Borys: “In February 2023, Mr. Butenko was hospitalized at St. Joseph’s Hospital in Vienna (receiving treatment at the Brothers of Mercy Hospital from February 30, 2023, to March 13, 2023), where he underwent a complex surgery.
He left Ukraine legally — as a father of five children, three of whom are minors. It’s important to understand that at the time of his departure, there were no claims or questions from law enforcement authorities toward him.
However, his absence and medical condition were exploited — precisely when a person is least able to defend himself — to launch the active phase of the criminal persecution against him.”

Maksym Boiko: “It was exactly during his hospitalization, after surgery, that a notice of suspicion was drafted against Oleksii, accusing him of alleged large-scale fraud.
The orchestrators of this case sought to amplify the actions of law enforcement by discrediting his reputation through smear publications in the media.”

Did he defend himself against pressure and threats?

Maksym Boiko:

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“Once it became clear that this was not just a misunderstanding or even a conflict, but rather a coordinated defamation campaign, Oleksii appealed to the National Anti-Corruption Bureau of Ukraine (NABU), requesting an investigation into the slanderous statements and the opening of a criminal case. This was officially confirmed and reported by the UNN news agency.
In addition to legal pressure, direct threats to his life and family began to appear.”

Stanislav Borys:

“Information was obtained from several sources about a possible assassination attempt, and other parallel actions indicated attempts to seize Oleksii’s company. We immediately turned to the police, which opened criminal proceedings No. 42021112100000112 on the grounds of death threats.
Although those behind the attacks tried to have the case closed through their connections in the prosecutor’s office, after the situation became public, the investigation was reopened and is now actively ongoing.

In addition, the State Bureau of Investigation (SBI) opened case No. 62024100120000761 regarding unlawful actions of certain prosecution officials, and the Bureau of Economic Security (BES) opened case No. 22024101110001258 concerning interference in the business activities of companies associated with Mr. Oleksii.”

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Maksym Boiko: “This is only a small part of the measures taken to protect our client’s life, assets, and reputation. We firmly believe that these ongoing investigations will soon expose those responsible — and reveal new episodes showing how the pressure was applied, what fraudulent schemes were used, and how certain ‘intermediaries’ offered to ‘settle the issue’ for money.”

Maksym Boiko (continued): “A separate criminal case was also opened by the Vienna Police after Oleksii received death threats while in Austria. The Austrian authorities responded immediately, and Mr. Butenko is now under the protection of Austrian law.”

Markiyan Ottava, attorney (Vienna): “Our Vienna law firm has opened a special case dedicated to Mr. Oleksii Butenko’s situation. We have documented an unprecedented level of pressure, collected evidence of threats and defamation attempts, and took up his defense precisely at the moment when the attackers began their campaign of intimidation during his medical treatment in Vienna.
Mr. Oleksii is currently under the protection and supervision of Austrian law enforcement authorities.”

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— And it was during this time that he was dismissed from Naftogaz?

Stanislav Borys: “Yes, exactly during the period of the strongest pressure — and that became yet another front that required defense. During this time, Naftogaz of Ukraine underwent a leadership change, and the new management took advantage of the scandal to carry out personnel reshuffles. In fact, it was convenient for the company to dismiss the old team under the pretext of ‘management renewal.’

However, on August 29, 2023, the Boryspil City District Court of Kyiv Region ruled in case No. 359/2836/23 to reinstate Oleksii Butenko as General Director of Naftogaz Bioenergy State Enterprise, effective February 22, 2023.
Naftogaz of Ukraine complied with this decision, issuing Order No. 107/k/tr dated December 29, 2023, thereby officially reinstating Oleksii to his position.” (https://www.unian.ua/economics/energetics/sud-ponoviv-oleksiya-butenka-na-posadi-generalnogo-direktora-naftogaz-bioenergiya-nak-naftogaz-ukrajini-12384675.html)

Can it now be said that the case is fully closed?

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Maksym Boiko: “Today everything is clear: the case has been closed, the good name has been restored, there were no searches and none exists, and labor rights have been reinstated. In other words — truth has prevailed.
This case highlights a deeper issue — that amid war, raiding and falsifications have become ‘fashionable,’ as some try to fish in troubled waters.”

Stanislav Borys: “The story of Oleksii Butenko is an example that even in the most difficult times, honesty, dignity, and faith in the law remain the best protection.”

 

Stanislav Borys, Maksym Boiko — Attorneys, VIDAR Law Firm
Legal representatives of Oleksii Butenko

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