The National Anti-corruption Bureau of Ukraine (NABU) denies reports about the alleged closure of the Rotterdam+ case, saying the investigation into the case has resumed under a ruling by the High Anti-Corruption Court (HACC).
NABU announced this on Twitter on November 17.
"The investigation into the Rotterdam+ case has resumed under a ruling by the HACC. Information about its alleged closure does not correspond to reality. The applicant withdrew the complaint due to the absence of the subject of the dispute," it said.
About Rotterdam+
"Rotterdam" or "Rotterdam Plus" is a method of determining the cost of coal as fuel for thermal power plants when calculating the forecast wholesale price of electricity in Ukraine.
Rotterdam+ investigation: Timeline
- On August 8, 2019, detectives of the National Anti-corruption Bureau of Ukraine (NABU) informed six persons involved in the implementation of the so-called "Rotterdam+" formula that they were suspected of committing actions that resulted in damage to electricity consumers in the amount of UAH 18.87 billion, or US$665 million.
- According to NABU, the suspects include ex-chairman of the National Energy and Utilities Regulations Commission (NEURC) Dmytro Vovk and ex-deputy of the NEURC energy market department's head Volodymyr Butovsky.
- All the six suspects are charged under Part 2 of Article 364 of the Criminal Code of Ukraine (abuse of office), while representatives of private companies are facing complicity charges.
- Vovk is on the international wanted list.
- In November 2019, the HACC delivered its verdict on Vovk and Butovsky in absentia. The latter is also hiding from the investigation.
- On August 27, 2020, the Specialized Anti-Corruption Prosecutor's Office (SAPO) closed the Rotterdam+ case in the part concerning the suspects due to the failure to establish sufficient evidence of their guilt.
- On September 24, 2020, the HACC refused to reopen the case. Investigating judge Kateryna Shyroka, according to the text of the ruling, did not see any grounds for further investigative search or grounds to believe that the pretrial investigation agency had been unable to collect sufficient evidence. "The conclusion that there is not enough evidence to prove the guilt of the persons in court and that the possibilities for obtaining it have been exhausted appears to be justified. This indicates the validity of the August 27 decision to close the criminal proceedings dated March 24, 2017. Accordingly, the complaint should be rejected," the judge said then.
- On October 27, the HACC satisfied a complaint filed by Nikopol Ferroalloy Plant and revoked the SAPO's decision to close the case.
- On November 17, head of the press service of the HACC's Appeals Chamber Vadym Klishchenko announced the termination of the proceedings seeking the reopening of the Rotterdam+ case.
- At the same time, NGO Anticorruption Action Center (AntAC) clarified that ex-MP and former Deputy Prosecutor General Viktor Chumak had given up his appeal against the ruling taken by HACC judge Kateryna Shyroka who did not reopen the Rotterdam+ case, as the case had already been resumed by another HACC judge Oksana Oliynyk.