The Supreme Anti-Corruption Court (SAC) refused to defend former and current officials of the National Commission for State Regulation of Energy and Utilities (NKREKP) in closing the case regarding the application of the “Rotterdam+” formula, as a result of which electricity consumers overpaid during 2016-2019 more than UAH 39 billion.
“The Chamber of Judges of the Supreme Administrative Court refused to grant the requests of the defense to close criminal proceedings against persons, including former and current officials of the National Commission for State Regulation of Energy and Utilities (NKREKP), and officials of a group of private heat-generating companies involved in introduction and application of the so-called Rotterdam+ formula, as a result of which electricity consumers overpaid more than UAH 39 billion during 2016-2019”, – is going in the message.
Thus, the defense party in its motions noted a violation of the principle of non bis in idem (prohibition of repeated prosecution for the same offense), as well as on the grounds specified in para. 9-1, 10 h. 1 art. 284 of the CCP of Ukraine.
“After hearing the arguments of the parties, the court supported the position of the SAP prosecutor and refused to grant the requests of the defense,” the message emphasizes.
The next meeting in the case is scheduled for December 12, 2024.
As reported, at the beginning of January 2024, the anti-corruption authorities of Ukraine referred the second episode of the “Rotterdam+” case to court, indicting 14 people involved in the introduction and operation of the “Rotterdam+” formula.
The first, on the suspicion of six people, in connection with the illegal overpayment of over 19 billion UAH during 2016-2017, was sent to court in March 2023.
Among the defendants in the second episode are two former heads of the National Commission for State Regulation of Energy and Utilities (NKREKP), six former members of NKREKP, two current members, one current and former employee of the commission, as well as two current officials of a group of private heat generating companies.
The investigation of one more former employee of the NCRECP was separated into a separate criminal proceeding.
Six of these persons, who, as the investigation established, consciously took part in the crime, received new suspicions under Part 2 of Article 364 of the Criminal Code of Ukraine. The actions of members of the NCRECP, who, without understanding, voted for the approval of the “Rotterdam+” formula, were qualified under Part 2 of Art. 367 of the Criminal Code of Ukraine.
The “Rotterdam+” formula included costs that did not actually exist, namely, the transportation of coal from the national producer to the thermal power plants from the port in Rotterdam. As a result, this led to an increase in electricity tariffs for industrial consumers.
