NABU finally proves Ukrzaliznytsia's purchase of diesel fuel at inflated price

17.02.2021 00:00

The Supreme Court has upheld the decision of the first instance court in favor of the National Bureau invalidating the supplementary agreements between Ukrzaliznytsia PJSC and Wog Aero Jet LLC on the purchase of diesel fuel at inflated prices to the amount exceeding UAH 35 million. On February 16, 2021, the Supreme Court rejected the cassation complaint of Wog Aero Jet LLC (the LLC has changed its name to Volens Trade).

The NABU Detectives have established that Wog Aero Jet LLC issued five supplementary agreements to unjustifiably increase the price of diesel fuel for Ukrzaliznytsia by 7-10%. The supplier explained the inflation by the increase in the market price of fuel.  At the same time, as established by the courts, the increase in fuel prices did not correspond to the real market situation at that time.

In 2016, the National Bureau filed a lawsuit to invalidate the illegal agreements. However, the final decision of the Supreme Court was not possible until now due to incomplete examination by the courts of all the circumstances of the case. The Supreme Court's decision, which has already entered into force, enables recovering the overpaid funds from a private company in favor of Ukrzaliznytsia.

For reference

On June 5, 2019, the Constitutional Court ruled to deprive the National Bureau of the authority to invalidate illegal agreements in court. The decision protects the masterminds behind corruption schemes and actually legitimizes the embezzlement of funds of state enterprises during the procurement of goods and services at inflated prices.