HACC Appeals Chamber reverses decision to close "Rotterdam+" case
According to Ukrinform, the relevant decision was made by a panel of judges consisting of Dmytro Mykhailenko, Mykola Hlotov, and Oleksandr Semennykov during a court hearing on December 14.
The judges decided to return the case for a new trial in the first instance.
As a reminder, on October 9, the HACC panel of judges decided to close the "Rotterdam+" case on the basis of para. 10 of p. 1 of Art. 284 of the Criminal Procedure Code of Ukraine, i.e. the expiration of the pre-trial investigation period specified in Art. 219 of this Code after the person was served with a notice of suspicion.
The decision was made with a separate opinion of one of the judges of the panel.
The Specialized Anti-corruption Prosecution (SAP) prosecutor disagreed with the court's decision and said he would appeal it to the court of appeal.
On March 14, SAP prosecutors sent to court an indictment against six people involved in the introduction of the so-called "Rotterdam+" formula.
According to the investigation, the formula resulted in UAH 19.357 billion in losses to electricity consumers in 2016-2017. The prosecutor also filed a civil lawsuit to compensate the state for the damage caused by the criminal offense in the amount of UAH 19.357 billion.
In August 2019, the National Anti-Corruption Bureau of Ukraine (NABU) served Dmytro Vovk, the former head of the National Energy and Utilities Regulatory Commission (NEURC), and five other individuals involved in the implementation of the "Rotterdam+" formula, with a notice of suspicion of committing actions that resulted in UAH 18.87 billion in damages to electricity consumers.
In September 2022, law enforcement officers completed the investigation in this case. The previously announced suspicions were changed for six defendants.
In March 2023, the first episode in the "Rotterdam+" case was sent to the HACC. At the same time, the SAP filed a civil lawsuit for UAH 19.357 billion.
On October 3, 2023, the HACC seized the property of three former officials accused in the "Rotterdam+" case.
The seizure was imposed on the real estate of the former NEURC chairman, namely an apartment in Kyiv with a total area of 41.3 square meters and a house of 243.2 square meters in Kyiv region.
Two apartments of the former CEO of DTEK Grids were also seized - one with a total area of 81.90 square meters in Kyiv and the other with an area of 72.4 square meters in Donetsk.
A Kyiv apartment with a total area of 97.4 square meters, a house of 219.6 square meters and two land plots were seized from the former CEO of DTEK Skhidenergo.
