Manipulation of NABOO with the examinations in the case “Rotterdam plus” and the case of Omelyan identical lawyer

Манипуляции НАБУ с экспертизами по делу "Роттердам плюс" и делу Омеляна идентичны - адвокат

Manipulation of the National anti-corruption Bureau in the case against ex-the Minister of infrastructure Volodymyr Omelyan, who is accused of causing damage to the state due to the reduction of port charges in 2018, and in the “Rotterdam plus” is identical. This was written by the lawyer of the former head of the National Commission carrying out regulation in the sphere of energy and communal services Dmitry Vovk Irina Odintsov on his page in Facebook.

She noted that between the cases Omelyana and Vovk there are several important similarities regarding the nature of cases and the quality of law enforcement. In particular, the lawyer said – in both cases, the persons against whom criminal proceedings were opened, has decided it is within their authority that allegedly led to a shortfall in budget funds.

“The law provides for this power of deciding, for this and created an appropriate body. As in the case of “Rotterdam plus”, SAP didn’t bother to call, what kind of legislation violated the suspects. Officials of the national Commission, acting exclusively within the scope of their official authority, adopted a regulatory act, aimed at stabilizing and improving situation in the domestic energy sector in the crisis time. But if NABOO knows best, what decision you must make, how to price, what is the premium/discount to approve, it is proposed to eliminate all state authorities, and let NABOO sets electricity prices, tariffs for transportation, the price of bread and the salary of the judges of the WAX, along with a system of allowances/discounts (or rather, incentive/penalties),” wrote Odinets.

The lawyer drew attention to the absurdity of the approach of the detectives NAB to determine the losses in both cases and the inadequacy of the evidence.

“The evidence of the prosecution striking in their insignificance – it is only links to a number of statements from other government bodies, as well as the alleged expert opinion “companies from Cherkasy”. In the “Rotterdam plus” we see the same lack of evidence (we’re not going to consider “help detective” or “examination of the SBU, confirming the help of a detective” is well-known experts in the field of Economics). Again we see clearly that the NABS on here himself drink himself walk,” said Odinets.

According to counsel, the actions of NABU and SAP to prosecute officials who conducted reforms in the framework of their powers, are creating extremely dangerous and absurd precedent.

In the case of NABU according to the “Rotterdam plus” also having difficulty with the examinations. In particular, according to the lawyer Irina Odinets one of the examinations undertaken by the Kiev research Institute of forensic expertise for SAP, confirmed the economic feasibility of the formula and the absence from it of the loss, but SAP has decided to hide the results. The result at least five times to change the questions to the experts attempting to get their insights on the unreasonableness of the formula and its application suffered losses. At the same time, according to the lawyer Natalia Drywall examination, introduction of SAP to the case were made by the detectives NAB based on their erroneous assumptions are unfounded formula “Rotterdam plus” and is the basis of an expert opinion, which is arithmetically transferred the original data.

Recall, the formula “Rotterdam plus” operated to calculate the cost of coal to establish the forecast cost of electricity exclusively for industrial consumers in the period 2016-2019 She called for the inclusion of cost of delivery of coal from the hub Amsterdam-Rotterdam-Antwerp for the whole coal. The formula was abolished on 1 July 2019 with the introduction of the electricity market. After that, the price of coal and electricity for manufacturers has increased.

The government Alexey Goncharuk introduced, and the government of Denis Smagala approved the Memorandum with the IMF a similar approach to determine the price of gas for the population – the so-called Amsterdam plus. It also provides for the inclusion of the cost of delivering gas from the Netherlands – exchange TTF.

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