Ukrainian courts protecting the super-profits of the oligarchs and the Rotterdam+ scheme?

At the end of March 2017, an extraordinary event took place. During a meeting of the National Commission for Regulation in Energy and Utilities, on the record, a decision was adopted not to raise the price of electricity. However, the published decree indicated an increase in the price of electricity (the Rotterdam+ formula did work). In such a fraudulent way, 1.5 billion hryvnias have been collected from consumers in favour of Akhmetov’s DTEK.

This is unacceptable, so I immediately appealed against this decision of the NCREU in the District Administrative Court of the city of Kyiv. Judge Ablov was the one to consider the case.

At first, Judge Ablov decided to appoint a panel of three judges, even though all other such cases were considered by the judges single-handedly.

Then one of the judges was ill, then the representative of the NCREU was absent, then there was something else, but in more than a year the court has not managed to move from the preparatory meeting to the consideration on the merits.

And today at 3 pm, there should be the first session of the case on the merits. But lawyers received information that it is planned to replace two judges and the case will be considered by a new board.

It is clear that the decision on this case is obvious, because the Decree of the NCREU has to coincide with what was voted for at the meeting. But such a delay in the consideration of the case de facto is a deprivation of the right to justice. This is the verdict for the entire reform of the judicial system, which allegedly has been successfully going on for several years.

In this regard, as a co-chair of the inter-faction deputy association “For the rights of energy consumers”, I have no other choice than to take the following step. Drawing on the example of this situation, I will be forced to inform our international partners, international institutions, embassies of other countries about how tariffs, which are beneficial only to our oligarchs owning monopolies, are actually adopted, and what tools for the protection of consumer rights actually exist (or do not exist) in Ukraine.

Another issue is a possible new rise in the price of electricity under the Rotterdam+ formula starting from January 1, 2019, which may enrich the duet of the richest oligarchs even more, but can ultimately destroy Ukrainian economy at the same time. I will monitor the situation, react to it and keep people informed.


Viktoriya Vojtsitska
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