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HACC orders NABU to open case against ARMA officials over Morshynska tender

NABU. Photo: NABU
NABU. Photo: NABU

The High Anti-Corruption Court has ordered the National Anti-Corruption Bureau to open criminal proceedings over possible abuse of power by ARMA officials in connection with the announced tender for the management of IDS Ukraine's assets (Morshynska).

This is evidenced by data from the court register, the Ukrainian News agency reports.

The court materials state that the lawyer of New World Value Fund Limited filed a statement with the NABU about the commission of a criminal offense by officials of the National Agency of Ukraine for Finding, Tracing and Management of Assets Derived from Corruption and Other Crimes (Asset Recovery and Management Agency or ARMA) under Part 1 of Article 14, Part 2 of Article 364 of the Criminal Code. However, the relevant information about the criminal offenses was not registered in the URPTI.

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Due to the lack of proper procedural response from the NABU authorized persons to the said statement, the lawyer filed a complaint with the investigating judge, in which he asked to oblige the NABU to enter information about the criminal offense into the Unified register of pre-trial investigations (URPTI) on the basis of the statement in the interests of New World Value Fund Limited.

Instead, the NABU representative sent written explanations to the court regarding the complaint, in which he confirmed that the NABU had received a statement from a lawyer on behalf of New World Value Fund Limited, dated 12/17/2025, regarding a possible criminal offense, and noted that the results of the consideration of the said statement did not establish grounds for entering information into the URPTI, as the applicant was informed by a letter from the NABU dated 12/23/2025.

From the content of the statement of the lawyer of New World Value Fund Limited about the criminal offense, it was established that in the latter's opinion, the actions of ARMA officials contain the elements of a criminal offense under Part 1 of Article 14, Part 2 of Article 364 of the Criminal Code.

According to the applicant, on 11/28/2025, ARMA published an announcement of an open tender in the Prozorro electronic procurement system. The subject of the procurement is asset management services, in accordance with Art. 21 of the Law of Ukraine "On the National Agency of Ukraine for Finding, Tracing and Management of Assets Derived from Corruption and Other Crimes", namely:

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-corporate rights of "International distribution systems limited" in the form of 100% of the authorized capital of PrJSC "Morshyn Mineral Water Plant "Oscar" (code according to EDRPOU 22415322), which is UAH 8,800,000.00;

-corporate rights of the Cypriot company "International distribution systems limited" in the form of simple undocumented registered shares of PrJSC "Industrial and Distribution Systems" (code according to EDRPOU 24364528) in the amount of 2,500 pieces, with a nominal value of UAH 1,800.00, with a total nominal value of UAH 4,500,000.00;

-corporate rights of "International distribution systems limited" in the form of simple undocumented registered shares of PrJSC "Myrhorod Mineral Water Plant" (code EDRPOU 00382651) in the amount of 2045145 pieces, with a nominal value of UAH 10.50, with a total nominal value of UAH 21,474,022.50;

- corporate rights of PrJSC "Morshyn Mineral Water Plant "Oscar" (EDRPOU code 22415322) in the form of a 100% share in the authorized capital of LLC "Potuzhnist" (EDRPOU code 30203858), which is UAH 16,184,375.00;

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- corporate rights of PrJSC "Industrial and Distribution Systems" (EDRPOU code 24364528) in the form of a 99% share in the authorized capital of LLC "IDS Aqua Service" (EDRPOU code 42201052), which is UAH 990,000.00;

- corporate rights of PrJSC "Morshyn Mineral Water Plant waters "Oscar" (EDRPOU code 22415322), in the form of a 100% share in the authorized capital of PE "IVA" (EDRPOU code 22411181), which is UAH 0;

- corporate rights of PrJSC "Industrial and Distribution Systems" (EDRPOU code 24364528), in the form of a 100% share in the authorized capital of SE "Nova.com" (EDRPOU code 35074707), which is UAH 1,500,000.00;

- corporate rights of PrJSC "Morshyn Mineral Water Plant "Oscar" (EDRPOU code 22415322), in the form of a 1% share in the authorized capital of LLC "IDS Aqua Service" (EDRPOU code 42201052) (hereinafter referred to as the "Assets" or "IDS Ukraine Group").

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Deadline for submission of bids: December 12, 2025, 6 p.m.

At the same time, the applicant believes that the said procurement may contain signs of a criminal offense under Part 1 of Article 14, Part 2 of Art. 364 of the Criminal Code of Ukraine, namely, preparation to commit abuse of power or official position, i.e. intentional use of power or official position by an official contrary to the interests of the service in order to obtain any unlawful benefit for himself/herself or another individual or legal entity, if it caused serious consequences for the rights, freedoms and interests of individual citizens protected by law or for the state or public interests or interests of legal entities.

The said criminal offense, according to the applicant, may have been committed by ARMA officials involved in the preparation and conduct of the said open tender.

Without assessing the validity of the lawyer's statement for signs of a criminal offense under Part 1 of Article 14, Part 2 of Article 364 of the Criminal Code, the HACC investigating judge believes that it contains information that may be subject to verification by the pre-trial investigation body in accordance with the procedure provided for by the CPC.

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On December 25, 2025, the HACC ordered the NABU to launch an investigation into these facts.

As the Ukrainian News agency earlier reported, the AMCU took into consideration all three complaints regarding the tender of the ARMA regarding Morshynska. The government has put up for public auction the assets of IDS Ukraine, the producer of well-known brands of mineral water "Morshynska" and "Myrhorodska". The ARMA planned to find a manager of Morshynska by December, but did not conduct a full assessment of the assets.

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