Court dismisses claim of Mykolaiv Prosecutor's Office to terminate agreement on South Ukrainian NPP

The Mykolaiv Prosecutor's Office failed to terminate the agreement to supply equipment to the South Ukrainian Nuclear Power Plant in court, and also failed to recover more than UAH 400,000 from a private company.

This was reported by Ekonomichna Pravda with reference to the decision of the Kyiv Commercial Court of October 21.

In 2016, the South Ukrainian NPP, which is now the South Ukrainian Nuclear Power Plant, a division of Energoatom, signed an agreement with TD Measuring Technics LLC for the supply of 19 Safir pressure sensors worth UAH 408 thousand.

The winning company had two competitors at the tender: Profi-Stroy LLC and Manometer-Kharkiv PrJSC, which offered higher prices.

TD Measuring Technics LLC supplied the sensors, and Energoatom paid for the order.

However, in 2019, the Antimonopoly Committee found that Measuring Technique LLC and Manometr-Kharkiv LLC violated the law on the protection of economic competition by using their actions during the preparation and participation in procurement.

It was found that these companies had common Internet access points, means of communication, business ties, synchronized activities and were located at the same address. As a result, the AMCU fined both companies UAH 40 thousand.

After that, Vita Denysenko, the head of the Voznesensk District Prosecutor's Office in Mykolaiv Oblast, representing the State Audit Service, filed a lawsuit demanding to terminate the contract between the NPP (located in Mykolaiv Oblast) and the private company, and to recover UAH 408,000 from TD Measuring Technics. The prosecutor's office argued that the company's actions helped the interests of the state and society.

However, the court concluded that the fact that the company violated the anti-competition law is not in itself a sufficient ground for declaring the agreement invalid or harmful to the state and public interest.

In addition, TD Measuring Technics has already been fined by the AMCU for UAH 40 thousand, i.e., it has been held liable for the violation.

As a result, the court refused to terminate the contract between Energoatom and TD Measuring Technics LLC and recover UAH 408 thousand, and assigned the costs of the court fee to the Mykolaiv Regional Prosecutor's Office.

The High Anti-Corruption Court also scheduled a hearing on the misappropriation of UAH 12.3 million in the case of the executives of the South Ukrainian NPP. They set inflated prices when purchasing equipment - air conditioning systems, refrigeration and ventilation units - which resulted in losses of UAH 12.3 million. They are also accused of similar actions in another case related to the nuclear power plant.

In particular, the Antimonopoly Committee of Ukraine revealed a conspiracy between DTZ Group LLC and individual entrepreneur Ivan Spychak during participation in a tender for the purchase of network equipment organized by the South Ukrainian NPP in 2020. The estimated value of the tender was UAH 222,796.84.

In addition, in May,Energoatom signed a contract with Atomenergoresurs LLC for UAH 279 million to improve the fire safety of cable systems at the South Ukrainian NPP. Detailed information on resources and estimates have not been made public, making it difficult to verify prices for materials.

Recently, experts analyzed the measures taken by Energoatom and Ukrhydroenergo to prevent blackouts, including the construction of protective structures for key energy infrastructure facilities. The total value of orders for the protection of the South Ukrainian NPP amounted to UAH 140 million.

Анна Бальчінос