Agreement on the supply of coal at reduced price was declared invalid according to the NABU lawsuit

The agreement, according to which the State Enterprise “Coal Company “Krasnolimanskaya” (hereinafter – the SE “CC Krasnolimanskaya”) supplied more than 65 thousand tons of coal to the Limited Liability Company (LLC) “Commercial House-Resource” at a reduced price, was declared invalid. The decision was made by the Eastern Commercial Court of Appeal on the suit of the National Anti-Corruption Bureau of Ukraine on December 10, 2018.

The abovementioned agreement is the part of the NABU pre-trial investigation. Within the framework of criminal proceeding, the NABU Detectives examined legitimacy of supply 65,128 tons of coal of the mark G (0-100) to the LLC “Commercial House-Resource” by the SE “CC Krasnolimanskaya” during 2015. As the investigation revealed the price of coal was almost one-third lower than the market. As the NABU Detectives found, the LLC “Commercial House-Resource” supplied the same coal, but at the market price to the Public Joint-Stock Company “Centrenergo” (78,289% of the shares belong to the State).

These actions resulted in 24 million UAH damage caused to the SE “CC Krasnolimanskaya”.

In May 2018, based on the pre-trial investigation materials, the NABU filed a lawsuit regarding the invalidation of the abovementioned agreement between the SE “CC Krasnolimanskaya” and the LLC «Commercial House-Resource”».

In July 2018, the Commercial Court of the Kharkiv Region did not satisfy the lawsuit.

Instead, the Eastern Commercial Court of Appeal satisfied the claim and cancelled the coal supply agreement between SE “CC Krasnolimanskaya” and the LLC “Commercial House-Resource”. This decision has already come into legal force.