In the Mykolaiv region, the prosecutor's office was unable to rescind Energoatom's contract

The court upheld the validity of the contract between JSC "Energoatom" and the contractor regarding the reconstruction of the South Ukraine Nuclear Power Plant. The court did not consider the existence of an anti-competitive conspiracy among the bidders—in the absence of proven damages or a court verdict—to be grounds for declaring the executed agreement invalid or for confiscating funds.

This is stated in a ruling by the Southwestern Commercial Court of Appeals.

The case concerns a procurement for the reconstruction of Power Unit No. 2 at the South Ukraine NPP branch, which took place in 2018. The contractor performed the work specified in the agreement, and the customer paid the contractor without any complaints. However, in 2024, the Antimonopoly Committee of Ukraine determined that the bidders had acted in collusion. The company was then fined.

Relying on the AMCU’s decision, the prosecutor’s office filed a lawsuit seeking to have the transaction declared invalid and to apply the special consequences provided for by law.

The Court of Appeals agreed with the findings of the trial court that there were no grounds for confiscating the funds or annulling the agreement. The ruling states that the anti-competitive actions during the auction had already been sanctioned by a fine from the AMCU, and that the application of severe civil-law consequences requires proof of intent to violate the state’s interests or the existence of a criminal conviction, neither of which the prosecutor provided.

The appellate court’s ruling took legal effect on the date it was issued.

Юлія Калабайда