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Court overturns sale of four clay deposits in Zakarpattia

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The Kyiv Commercial Court has invalidated the results of auctions for licenses to develop clay deposits in Zakarpattia region. The prosecutor's office found violations of antitrust laws during the electronic bidding.

The Kyiv Economic Court has invalidated the results of four auctions for the sale of licenses for the development of clay deposits in the Transcarpathian region. This was reported by the press service of the Kyiv City Prosecutor's Office, according to UNN.

Providing procedural guidance in criminal proceedings in the field of environmental protection, the Obolon District Prosecutor's Office of Kyiv revealed violations of antitrust laws during four electronic auctions for the sale of special permits for the use of subsoil of clay deposits located in the Transcarpathian region,

- the statement said.

Details

Prosecutors found that in September 2022, 4 auctions for the sale of special permits for the use of subsoil for four clay deposits in Zakarpattia region were held through the Prozorro electronic portal. The auctions were organized by the State Service of Geology and Subsoil of Ukraine.

The participants of 4 auctions committed anticompetitive concerted actions, namely: they used the same IP address, provided each other with financial assistance for business activities, including for the purpose of paying for participation in the auction.

The violations of current legislation identified by the prosecutor's office were also confirmed by the Administrative Board of the Northern Interregional Territorial Department of the Antimonopoly Committee of Ukraine and recorded in the relevant decisions.

In connection with the violations, the Kyiv City Prosecutor's Office filed four lawsuits with the Kyiv City Commercial Court to invalidate the results of the auctions and the contracts for the sale of special permits for subsoil use.

Due to the principled and well-reasoned position of the prosecutors of the Specialized Environmental Prosecutor's Office of the Kyiv City Prosecutor's Office and the Obolon District Prosecutor's Office of Kyiv, the said claims were satisfied by the decisions of the Kyiv Commercial Court. The court invalidated the results of the electronic auctions for the sale of special permits and invalidated the relevant sale and purchase agreements and special permits for subsoil use,

- the prosecutor's office added.

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Olga Rozgon

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