The official position of Trade Commodity on the criminal prosecution of Company officials

In relation to the statement of the NABU and the criminal prosecution of the Trade Commodity's officials we inform that this accusation has no legal and factual grounds. We did not violate the law in any way and always fulfilled our obligations to all our partners. Defending itself, the company has faced a gap in the legislation that state authorities use to justify theirs actions. Therefore, the company have recoursed to the Ministry of Economic Development and Trade of Ukraine with a request to correct the legislative gap in public procurement procedures and clearly write the procedure into the legislation.

We are absolutely open and ready to answer any questions from law enforcement agencies and media representatives in order to restore the reputation of the company and its employees in the near future.

1On the 19th of April, 2016 Trade Commodity won in clear procedures at several auctions on the supply of various types of fuel to the Ministry of Defense of Ukraine. However, in connection with holidays in May, agreements between the Company and the Ministry of Defense of Ukraine were signed only at the end of May. During this period, there was a rapid fuel price explosion in the international and Ukrainian markets. Thus, according to the Platts quotation agency (see Document 1), the dynamics of changes in prices for various types of fuel ranged from 11.96% to 20.93%. In connection with a significant increase in the cost it was impossible to buy fuel in the market at the price announced at that time at the tender.

Document 1.

Therefore, the Trade Commodity company suggested the Ministry of Defense of Ukraine to review the terms of fuel supply by a procedure established by a law. After analyzing the market and confirming information about the growth in prices, The Office of the Secretary of Defense agreed to raise the cost of fuel (see References 1).

References 1.

To register officially the price increase in accordance with the Law of Ukraine "On the implementation of public procurement," the Company and the Ministry of Defense of Ukraine have made several additional agreements. On average, the prices of diesel and aviation fuel ware raised by 14-17%, which corresponded to the realities of the market. That is, the price in the contract remained within the market.

It should be noted that during three years of participation in public procurements, the Company has won 5 fuel supply tenders to the defense establishment. The price was increased only in one case - in connection with the change in the market price of fuel.

At the same time, even after the increase, the price of A-80 brand gasoline remained below the bidder's price, that took second place.

The comparison of the purchase of fuel by the Ministry of Defense and other government authorities that bought fuel during that period is also indicative (see Reference 2). The comparison clearly demonstrates that the prices of the Trade Commodity company remained low in the market.

Reference 2.

reference2

What is more, the National Anti-Corruption Bureau of Ukraine also purchased fuel for its needs at that time. And because of the price increase in the market, it was also forced to increase the cost and reduce volumes of fuel, that was purchased (see Reference 3).

Reference 3.

reference3

The agreement between Trade Commodity and the Ministry of Defense of Ukraine was the subject of consideration by the Verkhovna Rada Committee on National Security and Defense. As a result of consideration of the committee, the legality of the company's actions was acknowledged.

In early October NABU officially stated that it has no questions to the Company (see Document 2). And within a few days searches started at management and company's office. The Trade Commodity's bank accounts were seized and, as a result, the work of Company has been completely paralyzed, the supply of products has been disrupted in accordance with previously signed contracts, which harms both the Company and its counterparties.

Document 2.

The company has always been open to law enforcement agencies and has repeatedly offered to provide all the necessary information to the detectives of NABU. However, the NABU selects a power projected scenario and refuses to carry out an objective investigation.

We realise, that we are right and will fight to restore the business reputation of the company and its employees.

Company Address

Anoshkina Ave 80/1, Apt. 24,
Dnipropetrovsk Oblast, 
Kamianske City,
Ukraine, 51934
 

Legal Address

Anoshkina Ave 80/1, Apt. 24,
Dnipropetrovsk Oblast, 
Kamianske City,
Ukraine, 51934
 

Reception

tel.: ‎(0569) 58-50-64
Mob.tel.:+380(96) 002-68-11
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