The National Anti-Corruption Bureau of Ukraine (NABU) proved the agreement between Public Joint-Stock Company (PJSC) Azot and PJSC Cherkasyoblenergo invalid. Due to this agreement , the State suffered losses of more than 57 million UAH. On August 3, 2017, the Supreme Economic Court of Ukraine supported corresponding NABU`s claim in full amount, leaving unchanged the decisions of trial court and appellate court.
It should be reminded that the agreement between PJSC Azot and PJSC Cherkasyoblenergo was signed in April 2016. It envisaged the setoff of identical counterclaims between the companies, which is not in line with the Law of Ukraine "On Electricity" and "Rules for the Use of Electric Energy". On the basis of the abovementioned agreement, PJSC Azot in December 2015 - January 2016 avoided payments for the electricity consumed.
In the summer 2016 the NABU Detectives registered a criminal proceeding on the basis of the abovementioned facts. As a part of the proceeding the NABU filed a claim on the invalidation of the agreement, which had become the legal basis for committing the crime.
According to the Articles 203, 215, 228 of the Civil Code of Ukraine the Supreme Economic Court of Ukraine declared the agreement invalid.
Therefore, now according to the court decision, PJSC Azot has to transfer 57 million UAH to the account with the special regime of use of PJSC Cherkasyoblenergo.