39,3 million UAH agreement between Zaporizhyaoblenergo and Energomerezha Holding Company gets invalidated after the NABU filed a suit

09.03.2016 13:32
On 9 March 2016 Kyiv Commercial Court sustained the first claim filed by the National Anti-corruption Bureau of Ukraine and invalidated Claim Assignment Agreements between Zaporizhyaoblenergo OJSC and Energomerezha Holding Company.
Court invalidated the agreement according to which Zaporizhyaoblenergo OJSC transferred the debt claim on the Zaporizhya Titanium-Magnesium Plant debt amounting to more than 39,3 million UAH to the Energomerezha Holding Company.
Legal consequences of invalid transaction are defined by article 216 of the Civil Code of Ukraine. Besides, the court decision gives grounds for evaluating actions of officials responsible for signing the agreement as a part of the criminal proceeding investigation.
Judicial proceedings for the other four suits are in progress.
It should be reminded that at the end of January/beginning of February the NABU filed 5 suits asking to invalidate agreements between the private firm Energomerezha Holding Company and Zaporizhyaoblenergo OJSC, 60% of shares of which belong to the state. According to the agreements the state's debt claim on the debts of major industrial enterprises of Zaporizhya region amounting to more than 346,3 million UAH was transferred to a private firm.
The suits were filed by the NABU detectives based on materials of the pre-trial investigation of the criminal proceeding with signs of criminal offence under the article 191, part 5 of the Criminal Code of Ukraine (appropriation, embezzlement or obtaining property through abuse of office) concerning embezzlement of the OJSC Zaporizhyaoblenergo property by its officials.