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Automatically translated version. May contain inaccuracies compared to the original.
Confidentiality as a Shield: Why Ukrzaliznytsia Is Slow to Explain Wagon Allocation
In our recent request, we raised the issue of abuses in the management and allocation of the rolling stock resources of JSC #Укрзалізниця, in particular the activities of the Center for Transport Logistics branch #ЦТЛ. The matter concerns granting certain companies privileged access to wagons, allocating resources outside the volumes determined by the results of electronic auctions, and possible losses to the state company.
🔎When we contacted the Ministry of Restoration, Infrastructure and Transport, we drew attention to the circumstances of the auctions, the fulfillment of contractual obligations by certain business entities, and the improper performance of official duties by officials. In particular — regarding LLC “#ГРЕЙНСВАРД”, which was granted access to wagon resources despite failing to fulfill part of its previous obligations. A separate episode concerns the 131 auction for the sale of services for the use of freight gondola cars under the so‑called “Dutch” procedure, i.e., with a stepwise reduction of the starting price.
A separate question is also related to the presence of a 41 empty wagon at Slobidka station beyond the established period. Failure to charge fees for such a stay could have caused property damage to the company in the amount of 💰440 764,68 UAH. At the same time, criminal proceedings have now been opened on these facts under Art. 364 of the Criminal Procedure Code of Ukraine.
❗️ And here is what we received in response from Ukrzaliznytsia itself. In its letter, the company stated that electronic auctions are held in the Prozorro.Sales system in accordance with its regulations, and that JSC Ukrzaliznytsia’s interference in the auction process is excluded. However, instead of substantive answers to the raised questions, the company referred to contractual provisions on restricted access to information.
Separately, Ukrzaliznytsia stated that there are no legal grounds for providing the requested information and pointed to Article 222 of the Criminal Procedure Code of Ukraine. 🤷♂️ Thus, instead of a full reply on the merits, a reference was given to confidentiality, personal data and access restrictions. At the same time, the mere fact that certain information is restricted does not relieve the obligation to consider the raised issues within the scope of one’s powers.
‼️ But the story does not end there. The Ministry of Restoration, Infrastructure and Transport of Ukraine reported that the management of the transportation process falls within the exclusive competence of JSC Ukrzaliznytsia, and that the company’s board, in particular, is responsible for determining the order of economic activity, managing branches, and organizing the internal control system and whistleblower reporting.
At the same time, the ministry effectively redirected us to Ukrzaliznytsia’s own response, stating that the company has already replied to the raised questions.
A reasonable question arises: if Ukrzaliznytsia’s board is responsible for internal control and the functioning of the whistleblower reporting system, then why do we receive mostly general explanations about auctions and references to confidentiality instead of a substantive review of the specific circumstances?
We will continue to insist on a proper review of the raised issues and will continue to monitor this situation. References to confidentiality and passing the responsibility on should not replace substantive responses.
Materials on the topic:
▫️Why is the state losing hundreds of millions on schemes for leasing freight wagons to its own people? How we forced the SAP and NABU to take on the task of protecting UZ from bankruptcy
▫️Scheme in the CDZI of UZ: flaw detectors are written off for next to nothing, while parts and batteries are bought with a markup 400%
▫️Ukrzaliznytsia evades questions: what is the company’s anti-corruption department hiding
#інформаційнийзапит #відповідь
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