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Court upholds legality of cancelling extra agreements for over UAH 44 mln, concluded by Electrotyazhmash – prosecutor's office
KYIV. Aug 26 (Interfax-Ukraine) – The Eastern Economic Court of Appeal upheld the decision of Kharkiv Regional Economic Court to cancel additional agreements worth over UAH 44 million that were concluded between the state-owned enterprise Electrotyazhmash and a metal supplier.
"Now the specified decision [of the court of first instance] has come into legal force," the press service of Kharkiv Regional Prosecutor’s Office reported.
As reported, in early 2020, Electrotyazhmash and the company, which is a supplier of metal and metal products, signed a contract for the supply of goods for a total of UAH 82 million. In March of the same year, the metal supplier provided the state-owned enterprise with a letter from the Chamber of Commerce and Industry on the price increase by manufacturers of rolled metal. Based on this, during April-December 2020, the state-owned enterprise entered into four additional agreements to the contract with the company, according to which the price for the supply of goods increased by a total of more than UAH 44 million. However, it was later established that the conclusion of the additional agreements occurred in violation of the law, without a proper justification for the price increase in the market.
Since the State Property Fund of Ukraine, which manages Electrotyazhmash, did not take measures aimed at eliminating law violations, this made the prosecutor’s office go to the economic court.
On April 22, 2021, the Economic Court of Kharkiv region upheld the claim filed by the prosecutor’s office and canceled additional agreements in the amount of more than UAH 44 million.
