By nationalizing and selling Massandra, the Russian occupation administration reneged on the norms of the international humanitarian law and committed a war crime.
The Prosecutor's Office of the Autonomous Republic of Crimea provides procedural management in a number of criminal proceedings on the counts of misappropriation of public and private property on the territory of the occupied peninsula. Within the framework of the proceedings, numerous facts of large-scale and systematic misappropriation of property were recorded which provides for qualifying the actions of the occupying state and its occupation administration as a war crime under Part 1 Art. 438 of the Criminal Code of Ukraine (violation of the laws and customs of war). In particular, this concerns the sale of Massandra's assets, since, in accordance with the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, the occupying state is prohibited from appropriating both public and private property in the occupied territory. And therefore, the sale of Massandra constitutes another count of a war crime, since the occupation administration not only illegally took possession of this property, but also illegally disposed of it. The prosecutor's office brought indictments against the so-called. Chairman of the State Council of the Republic of Crimea and Chairman of the Council of Ministers of the Republic of Crimea on charges of violation of the laws and customs of war, also adding charges for misappropriation and further sale of State Concern Massandra. Contrary to the norms of international law, the suspects made a number of illegitimate decisions on the nationalization and further sale of the state property.
National and international sanctions were imposed on the individuals involved in unlawful actions with the property of Massandra.
At the same time, the Prosecutor's Office of the Autonomous Republic of Crimea and the city of Sevastopol provides procedural management in criminal proceedings under Part 5 Art. 191 of the Criminal Code of Ukraine (misappropriation, embezzlement or seizure of property through abuse of office), Part 1 Art. 14 of the Criminal Code of Ukraine (preparation for a crime), Part 3 Art. 191 of the Criminal Code of Ukraine (repeated misappropriation, embezzlement or seizure of property through abuse of office).
The pre-trial investigation established that the General Director of Massandra, appointed by the occupation administration, on 09/11/2015, during the visit to the winery of the President of the Russian Federation and ex-Prime Minister of Italy, illegally uncorked for them one of 5 bottles of unique 240-year-old wine Jerez de la Frontera from the Massandra collection, with a current estimated value of about $ 100,000.
The director was indicted under Part 5 Art. 191, Part 1 Art. 14, Part 3 Art. 191 of the Criminal Code of Ukraine, she is currently on the wanted list.
The Prosecutor's Office of the Autonomous Republic of Crimea and the city of Sevastopol, together with the Ukrainian Helsinki Union for Human Rights and the Regional Center for Human Rights, sent a number of information notices to the Office of the Prosecutor of the International Criminal Court, two of which related specifically to the large-scale destruction and misappropriation of property not justified by military necessity and the seizure of private property belonging to citizens of Ukraine. Each notice proved the involvement of specific officials of the occupying state in the commission of these offenses on the territory of the occupied peninsula.
On 12/11/2020, the International Criminal Court in the Hague completed the analysis of the situation in Ukraine and confirmed, that by invading Crimea Russian Federation unleashed an international armed conflict. A wide range of acts committed by the occupying state in Ukraine constitute war crimes and crimes against humanity which are within the jurisdiction of the International Criminal Court.
The Prosecutor's Office of the Autonomous Republic of Crimea conducts a pre-trial investigation of these crimes in accordance with Part 1 Art. 438 of the Criminal Code of Ukraine (violation of the laws and customs of war).
As a legal entity registered under the Russian laws, Massandra is subject to national and international sanctions, thus the international market is now closed to the company.
According to various sources, a total of 300 to 500 state enterprises and trade unions, and about 300 private enterprises have been nationalized on the peninsula over the period of temporary occupation. Some other studies mention a grand total of 4,000 of such enterprises and businesses.
Under various pretexts, the occupation administration nationalized: PJSC Krymkhleb, Krymplast, Krymenergo, Crimean branch of OJSC Ukrtelecom, property of OJSC Kyivstar, Krymavtotrans, Chernomornaftogaz, Ukrtransgaz, shipping companies and seaports, agricultural enterprises, including wineries, such as Magarach, Novy Svit and Inkerman.