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15:57 02 Oct 2020

In the Rotterdam+ case, a new expert study confirmed almost UAH 40 billion in losses - AntAc

The results of a new expert study established losses from the formula "Rotterdam +" in the amount of UAH 40 billion in the case on artificially inflating the price of coal and electricity.

It has come to knowledge during consideration of the complaint in the appellate chamber of the High Anti-Corruption Court (HACC) that the prosecutor of Specialized Anti-Corruption Prosecutor's Office (SAP) Vitalii Ponomarenko closed the case "Rotterdam +", the Anti-corruption Action Center (AntAc) and its head Vitalii Shabunin report.

"The expert study conducted by an independent expert at the initiative of the pre-trial investigation body confirmed overpricing of the actual cost of electricity during May 2016-June 2019 for 39.9 billion hryvnias by documents and estimation," said Viktor Chumak's lawyer Oleksii Boiko.

NABU commissioned an expert assessment shortly before the case was closed. Prosecutor Ponomarenko, however, closed the case without even waiting for the results. The more so, the prosecutor objected to involving the expert before the appeal's consideration in court.

The results of the new study, in fact, appeared on the day when HACC judge Kateryna Shyroka refused to reopen the Rotterdam + case on the complaint of ex-deputy Viktor Chumak. Viktor Chumak's lawyers are asking to attach the assessment to the case file.

"It means that the assessment has confirmed damages in the case. Their alleged absence was the only argument for the prosecutor to close the case and became an argument for refusing to reopen the case. Now, if they reopen the case, there is every reason to send it to court. The expert assessment is legal as they commissioned it even before the termination of the case," said Vitalii Shabunin.

It is important that SAP Prosecutor Vitalii Ponomarenko and HACC judge Kateryna Shyroka ignored other evidence in the case. Among such evidence are many financial documents and seized correspondence between the defendants, which shows the influence on the officials of the National Commission for State Regulation of Energy and Public Utilities.

One of the leading participants in the case, Dmytro Vovk, the ex-head of the National Commission for State Regulation of Energy and Public Utilities, explained its absurdity to the journalists of Schemes before approving the formula, pointing out that it was plainly the ordinary people repaying the oligarch's loan.

"Everyone should understand that in this case we are financing DTEK and covering Mr. Akhmetov's loan portfolio."

Vovk also pointed out that the "Rotterdam +" formula comprises unreasonable costs as "corporate center on coal producer support costing 1 billion hryvnias per year … these are the salaries of DTEK top-managers, beautiful offices and signed in the city center … they can close any entertainment on these funds."

Shortly after these statements, National Commission for State Regulation of Energy and Public Utilities, represented by Vovk, approved the formula which led to higher prices for coal and electricity.

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