The Specialized Anti-Corruption Prosecutor’s Office (SAP) and the National Anti-Corruption Bureau of Ukraine (NABU) announced a new episode in the Rotterdam+ case for another UAH 20 billion, as part of the investigation of which 2 former chairmen of the energy regulator NEURC were reported suspected; 6 former and 3 current members, as well as the current and former employee of the Commission.
“On October 26, 2022, NABU and SAPO reported the suspicion of 15 persons involved in the implementation of the so-called Rotterdam + formula, according to which electricity consumers illegally overpaid more than UAH 20 billion during 2018-2019,” the law enforcement authorities said in a statement. on Wednesday.
According to him, among the suspects is a current and former official of a group of private heat generating companies.
As explained by the NABU, 6 of these 15 persons, according to the investigation, knowingly took part in the crime, received new suspicions under Part 2 of Article 364 of the Criminal Code of Ukraine (abuse of power with grave consequences). The actions of the NEURC members who, without understanding, voted for the approval of the so-called “Rotterdam +” formula, were qualified under Part 2 of Article 367 of the Criminal Code of Ukraine (negligence with grave consequences).
“The investigation believes that they improperly performed their official duties, which entailed grave consequences for the state and public interests,” the bureau noted.
As specified in the NABU, this is the second episode of a large-scale investigation by anti-corruption agencies. The investigation of the first, on suspicion of six people, regarding the illegal overpayment of more than UAH 19 billion during 2016-2017, was completed in September 2022.
According to investigators, the so-called “Rotterdam+” formula included expenses that did not actually exist, namely, the transportation of nationally produced coal to TPPs from the port in Rotterdam. As a result, according to NABU and SAPO, end consumers during 2016-2019. overpaid more than UAH 39 billion.
“The investigation has evidence that representatives of a group of private heat generating companies, who eventually received excess profits, persuaded the NKREKU (National Commission for State Regulation in the Energy and Public Services – IF) to accept such a formula. At first, the regulator did not agree, realizing the absurdity of including transportation costs in the tariff However, in March 2016, he agreed to this proposal,” the ministry stressed.
As a result, there was an increase in electricity tariffs for industry, social infrastructure facilities, entrepreneurs, which led to an increase in the cost of goods and services to the end consumer, including essentials, the NABU summarized.
As reported, the head of the Specialized Anti-Corruption Prosecutor’s Office (CFG), Oleksandr Klimenko, decided in September 2022 to cancel the prosecutor’s decision to close the so-called “Rotterdam+ case” as illegal and unfounded.
It was noted that Klymenko also completely changed the group of prosecutors in this case due to the ineffective implementation of supervision over the observance of laws during the pre-trial investigation.
Prosecutors of the Specialized Anti-Corruption Prosecutor’s Office (SAPO), based on the materials of the pretrial investigation of the National Anti-Corruption Bureau of Ukraine (NABU), decided to complete the pretrial investigation and open case file on the seizure of the Mezhyhirya residence by former President of Ukraine Viktor Yanukovych.
“In 2002-2013, the former president, together with his son, abusing his official position, illegally took possession of a land plot on the territory of the Vyshgorodsky district and a complex of structures located on this site, namely the Puscha-Vodytsia recreation complex of the Mezhyhirya tract and house No.123a on Mezhyhirska Street in the village of Novi Petrivtsi. The damage to the state exceeds UAH 540 million,” the SAPO press service said.
The actions of the former president, whose name is not named in the statement, are qualified under Part 5 of Article 191 (misappropriation, embezzlement of property or taking possession of it through abuse of office), Part 3 of Article 209 (legalization of property obtained by criminal means), Part 3 of Article 209 (legalization of property obtained by criminal means), Part 5 of Article 368 (bribery) of the Criminal Code of Ukraine, his son under Part 5 of Article 191 and Part 3 of Article 209 of the Criminal Code.
The SAPO said the specified criminal proceedings were transferred from the Prosecutor General’s Office (PGO) to NABU in December 2019. On August 25, 2021, the High Anti-Corruption Court (HACC) allowed an in absentia investigation into the former president and his son. This court decision made it possible to complete the pretrial investigation against the suspects who have been hiding for seven years on the territory of the state recognized by the Verkhovna Rada as the aggressor state. In October 2021, HACC chose a measure of restraint for the indicated suspects in the form of detention.
The Mezhyhirya property complex was seized and subsequently transferred by a court decision to the Asset Recovery and Management Agency (ARMA).
“As of today, the materials of the criminal proceedings are open to the suspects in the case and their defenders for familiarization. After familiarization, the indictment will be sent to the High Anti-Corruption Court for consideration on the merits,” the SAPO said.
Head of the National Anti-Corruption Bureau of Ukraine (NABU) Artem Sytnyk and Head of the Specialized Anti-Corruption Prosecutor’s Office (SAPO) Nazar Kholodnytsky are expecting the launch of the High Anti-Corruption Court and hope the Verkhovna Rada will adopt a number of bills that are important for the work of anti-corruption authorities.
At a press conference in Kyiv on Friday, Sytnyk emphasized that it is necessary to return criminal liability for illegal enrichment, as well as resolve the situation that developed after the decision of the Constitutional Court on depriving the NABU of the right to file claims under agreements in criminal proceedings.
“There is an option on how to return these powers to the NABU and the SAPO. Therefore, I hope that with the start of work of the new parliament, these bills will be adopted,” Sytnyk said.
The NABU director expressed hope that the anti-corruption court will begin its work on time, on September 5.
“We have developed a sufficiently large baggage of cases, which is now awaiting its decision in courts,” he said.
“I hope that the law on the High Anti-Corruption Court will be amended in terms of eliminating the risks of blocking its work by a very large number of cases,” the NABU director said.
The team of President-elect Volodymyr Zelensky (Ze!Team) is discussing a possible change in the leadership of the Specialized Anti-corruption Prosecutor’s Office (SAPO) and the institutional strengthening of the National Anti-corruption Bureau of Ukraine (NABU).
“Today, a detailed action plan in terms of anti-corruption policy is at the stage of finalization. The Zelensky team has a clear agreement on the need to reset the National Agency on Corruption Protection (NACP). There is a very serious discussion on resetting the leadership of the Specialized Anti-corruption Prosecutor’s Office (SAPO),” Halyna Yanchenko, a Ze!Team advisor on anti-corruption policy and digitalization, said on Facebook on Friday.
As for NABU, according to her, most of the team of the newly elected president “considers it necessary to support and strengthen NABU institutionally.”
“I also stand in these positions personally. Moreover, the plan for the first 100 days of the future president discusses the initiative to grant NABU the right to independently wiretap [only the SBU can do this now] from communication channels, a step the experts have advocated for a long time,” she said.
