The Northern Commercial Court of Appeal upheld the decision of the Commercial Court of Kyiv, which declared invalid the agreement between the State Enterprise “Ukrainian Sea Ports Authority” (SE “USPA”) and the Limited Liability Company (LLC) “Tekhmorhidrostroy Mykolayiv” on 712 million UAH. The decision taken by the appeal court on March 13, 2019, has entered into legal force. This allows the SE “USPA” to begin the procedure for returning illegally paid 118.4 million UAH.
Due to the work of the lawsuit, the NABU prevented the transfer about 395 million UAH in favor of the LLC “Tekhmorhidrostroy Mykolayiv” as well as causing about 146 million UAH damage to the SE “USPA”.
This agreement, along with another one (on 290 million UAH) the NABU Detectives investigated within the case as of the facts of the public funds embezzlement of the SE “USPA” during the state procurement of dredging services. The investigation was completed, and the case is under the trial in the Shevchenkivsky District Court of Kyiv.
The investigation revealed that in 2015-2016, the SE “USPA”, in violation of the law, conducted two state procurements of dredging services in the ports of Berdyansk and Mariupol. The winner of the tender was the LLC “Tekhmorhidrostroy Mykolayiv”, with whom officials of the SE “USPA” signed contracts for the provision of services at inflated prices. As a result, the state suffered losses in particularly large amounts.
According to the materials collected during the pre-trial investigation, the NABU filed a lawsuit on the declaring of agreements on 290 million UAH and 712 million UAH invalid.
In January 2018, the Commercial Court of Kyiv declared invalid the agreement on 290 million UAH. A year later, the same court accepted a similar decision about the contract on 712 million UAH.
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