10:19 31.08.2020

SAPO's decision to close Rotterdam + case confirms legality of this principle – DTEK

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SAPO's decision to close Rotterdam + case confirms legality of this principle – DTEK

The decision of the Specialized Anti-Corruption Prosecutor's Office (SAPO) to close criminal proceedings in the case known as Rotterdam + confirmed the legality of the application of the principle of import parity and the groundlessness of earlier suspicions, DTEK energy holding said.

"This decision once again confirmed that the procedure for forming the forecast price for electricity in 2016 determined transparent rules for working on the Wholesale Electricity Market, which had not been applied before," the company said in a statement on Friday evening.

At the same time, DTEK noted that the expediency of using the principle of import parity and the compliance of the pricing method for thermal coal in Ukraine with the practices of European countries were confirmed by international studies.

In addition, the company noticed that this principle is reflected in the memorandum of Ukraine with the International Monetary Fund for determining the price of natural gas.

The energy holding noted that they have used this principle for four years when selling coal to both private and state power generating companies, expressing regret that the decision made by National Energy and Utilities Regulatory Commission became a tool for political manipulation and long-term harassment of the company.

"DTEK is considering the possibility of protecting the reputation of the company and its employees, who were subjected to unjustified prosecution in the framework of this criminal proceeding, in court," the energy holding said.

Earlier on August 28, the SAPO announced that the Rotterdam + case was closed in the part concerning the suspects, but the pretrial investigation continues. The bureau noted that at present, due to the duration of the preliminary investigation, the actual limitation of the time of the pretrial investigation, determined by paragraph 3 of Part 4 of Article 219 of the Code of Criminal Procedure of Ukraine, and the absence of other procedural sources of evidence, the possibilities to obtain sufficient evidence to prove the guilt of suspects and other persons in court have been settled.

The National Anti-Corruption Bureau of Ukraine stated that the decision to close the so-called Rotterdam + case contradicts the principles of the rule of law, therefore, it will appeal against it with the Prosecutor General and acting head of the Specialized Anti-Corruption Prosecutor's Office (SAPO).

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