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Automatically translated version. May contain inaccuracies compared to the original.
The Higher Commercial Court sent back for retrial the case to collect 73,79 million UAH from the state enterprise Ukrhazenergoservice in favor of Turbolinks LLC. This is stated in the court ruling dated 1 October.
The Higher Commercial Court sent back for retrial the case to collect 73,79 million UAH from the state enterprise Ukrhazenergoservice in favor of Turbolinks LLC. This is stated in the court ruling dated 1 October.
The company told the court that this debt arose for turbine components supplied to a branch of Ukrtransgaz under a contract dated 17.09.2012. Courts of the first two instances ordered Ukrhazenergoservice to pay Turbolinks 73,79 million UAH in debt and penalties. However, the Higher Commercial Court of Ukraine annulled those decisions and sent the case back for retrial.
The Higher Commercial Court noted that the lower courts did not assess the contract terms, since the prosecutor’s office points to abuses by the signatories, including inflated prices for the goods. In addition, the courts did not establish whether the components were actually delivered to the state enterprise or whether they met the contract’s quantity and quality requirements. The courts also did not review the primary documents related to the contract and did not establish whether the deputy director for capital construction and material-technical support of Ukrhazenergoservice, Volodymyr Kozak, had the right to sign it under a power of attorney. The courts also did not examine the power of attorney itself.
Recall that in January–February this year Turbolinks prevailed in the courts of first instance to collect arrears under supply contracts for September–December 2012 totaling 670,71 million UAH. To date, none of the decisions has taken legal effect. Aside from the case mentioned above, the remaining cases are pending in appellate instances.
Meanwhile, in February this year Turbolinks filed two new lawsuits for an additional 146,75 million UAH. The company is demanding from «» payment of 27,86 million UAH and 118,89 million UAH under contracts dated January 2013. Turbolinks is still seeking trial in the courts of first instance on these claims.
During 2010–2013 years, Turbolinks won tenders in the Ukrtransgaz system for the supply of equipment and repair work totaling 1,54 billion UAH.
Turbolinks LLC was founded in Donetsk in 2008 by Vitaliy Dudarets, who, according to media reports, worked as a security guard in 2013. Turbolinks is currently registered in Kyiv.
Earlier, in 2012, Denis Bigus’s investigation for the program “TenderNews” (TBi) stated that the founders of these firms are front people who are closely acquainted with each other. Money for spare parts was passed through a chain of “transit” companies, which were also used by the Metall Union group of Donetsk businessman Ruslan Tsiplakov, a friend of the younger son of former Ukrainian president Viktor Yanukovych.
All the tenders in which these four companies participated were conducted exclusively within the system of the state company PJSC Ukrtransgaz and its subsidiaries.
Moreover, in all examined cases these four companies were the only participants in the tenders, competing only among themselves.
In 2013 the law enforcement agencies already investigated this scheme, but at that time the criminal proceeding was closed due to the absence of elements of a crime in Ukrtransgaz’s actions.
Based on materials from Nashi Groshi.
Document: PDF proof of the original version of the news item "Оточенню Януковича-молодшого не вдається стягнути з «Укртрансгазу» понад півмільярда". It records the publication content at the moment of the first scan, the preservation date and the source: Bihus.Info.
