The group of prosecutors in this case was also changed “due to the ineffective implementation of supervision over the observance of laws during the pre-trial investigation.”
The head of the Specialized Anti-Corruption Prosecutor’s Office Oleksandr Klymenko canceled the decision to close the so-called “Rotterdam+” case.
As reported in CAPthe decision was canceled as illegal and unreasonable.
At the same time, the head of the Anti-Corruption Prosecutor’s Office completely replaced the group of prosecutors in this case “due to ineffective supervision over compliance with laws during the pre-trial investigation.”
“These decisions were made based on the results of studying the case materials, a thorough study of the findings of the prosecutors during the closure of this criminal proceeding, and the results of a meeting with the participation of prosecutors and detectives from the National Anti-Corruption Bureau of Ukraine, who carried out the pre-trial investigation. The head of the SAP found numerous inconsistencies in the findings and arguments of the prosecutor the time of closing this case, the incompleteness of the study of the case materials by the prosecutor, the inconsistency of the prosecutor’s conclusions with the actual circumstances of the criminal proceedings,” the report says.
The SAP noted that further decisions on this case will be made by the already updated composition of prosecutors in accordance with the requirements of the Criminal Procedure Code.
At the same time, it is indicated that on September 21, 2022, the Appeals Chamber of the Supreme Anti-Corruption Court completed consideration of the appeal against the decision of the investigating judge of the Higher Anti-Corruption Court dated October 13, 2021 to refuse to satisfy the complaint against the decision to close criminal proceedings.
Based on the results of the consideration, the collegium of the court partially canceled the decision of the investigating judge and closed the proceedings on complaints from representatives of Nikopol Ferroalloy Plant JSC and Zaporozhye Ferroalloy Plant JSC against the decision of the SAPO prosecutor to close criminal proceedings dated March 24, 2017.
“The SAP is awaiting the full text of the said court decision. The legal position of the court set forth in the full text of the decision will be taken into account in the further implementation of the pre-trial investigation and the adoption of decisions on the case. At the same time, the illegality and groundlessness of the prosecutor’s decision to close this proceeding does not cause any doubt,” the SAP said.
The Rotterdam+ case – what is known
On August 8, 2019, NABU detectives reported that six persons involved in the implementation of the so-called Rotterdam+ formula were suspected of committing actions that caused damage to electricity consumers in the amount of UAH 18.87 billion.
According to NABU, among the suspects are the former head of the National Commission that regulates energy and utilities, Dmitry Vovk, and the former deputy head of the energy market department of the NKREKP, Vladimir Butovsky.
The actions of all six people are qualified under Part 2 of Article 364 “Abuse of official position” of the Criminal Code of Ukraine, and representatives of private companies are charged with complicity. Vovka has been put on the international wanted list.
In November 2019, the VAKS arrested Vovk and Butovsky in absentia, who is also hiding from the investigation.
On August 27, 2020, SAP closed the proceedings in the Rotterdam+ case against the suspects due to insufficient evidence to establish their guilt.
In October of the same year, the Supreme Anti-Corruption Court resumed the investigation into the Rotterdam+ case, which was closed for the first time by SAPO prosecutor Vitaliy Ponomarenko.
On January 21, 2021, Prosecutor Ponomarenko closed the Rotterdam+ case for the second time. Subsequently, the investigation of the case was resumed.
On April 9, the prosecutor closed the Rotterdam + case for the third time, but later canceled his decision and. about. head of SAP Maxim Grischuk.
NABU repeatedly called on the then Prosecutor General Irina Venediktova to change her prosecutor. On May 5, Venediktova replaced the senior group of prosecutors and appointed Denis Demkiv to this position.
On May 20, Demkov closed the Rotterdam+ case for the fourth time.
On October 13, 2021, the Supreme Anti-Corruption Court refused to reopen the once again closed Rotterdam+ case.