Agreement of the SE "Ukrainian Sea Ports Authority" for 712 million UAH was invalided legally – the Supreme Court

The Supreme Court of Ukraine upheld the decision on the invalidation of agreement on dredging works in ports of Ukraine for a total amount of 712 million UAH. The decision made on June 20, 2019. In details the Supreme Court decided to upheld the decision of Commercial Court of Kyiv to declare the agreement of the State Enterprise "Ukrainian Sea Ports Authority" (hereinafter – the SE "USPA") and the Limited Liability Company (LLC) "Tekhmorgidrostroy Mykolaiv" invalid.

In order to prevent the public funds embezzlement and to protect the state interests the NABU filed a claim on the invalidation of corresponding agreement in March 2017.

As a result, it was possible to prevent the transfer of about 395 million UAH in favour of the LLC "Techmorgidrostroy Mykolaiv" and prevent the causing of about 146 million UAH loses to SE "USPA". In addition, the court decision allows SE "USPA" to begin the procedure for returning illegally paid 118.4 million UAH.

The claim on declaring the agreement invalid based on the materials collected by the NABU Detectives within the pre-trial investigation in criminal proceeding as of the facts of funds embezzlement of SE “USPA” in 2015-2017 during the state procurement of dredging services for approach channels and water areas of the Berdyansk and Mariupol seaports.

Position of the Supreme Court in the context of the decision of the Constitutional Court of Ukraine to deprive the NABU of the authority to invalidate illegal agreements in court, demonstrates legitimacy of the NABU`s actions in filling lawsuits to court. In addition, it shows the validity of court decisions in such cases, despite the decision of the Constitutional Court of Ukraine.

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