On April 2019 a publication was made on the official web-page of DTEK Kyivski Electromerezhi PJSC (hereinafter - DTEK) on the following:

- from January 2016 to April 2019 Residence "Mezhyhirya" has consumed energy in the amount of approximately 22 million kWh for a total of 41 million UAH;

- electric energy is consumed illegally, with no agreements on energy-consumption and distribution concluded, the conclusion of which is an obligatory requirement of the Law of Ukraine "On the Electricity Market";

- during this period no payment has been made for the relevant electric energy consumption.

In addition, the publication reports that DTEK has repeatedly appealed to ARMA with a proposal to conclude an agreement on consumption and distribution of electric energy, and to provide access to substation "Sb-110 Prybrezhna" for the implementation of measures to disconnect the Residence "Mezhyhirya" from electric energy.  

The publication states that for the last 11 months ARMA has been responsible for preserving the assets of the Residence "Mezhyhirya" on the basis of the relevant decision of the investigating judge. Pursuant to this and according to DTEK, it is in ARMA’s authority to furnish a payment for the last 11 months of electric energy consumption, which is more than 13.6 million UAH. 

It is well known that the Prosecutor General's Office of Ukraine conducts a pre-trial investigation in criminal proceedings No. 42015000000002833 from December 25, 2015 and No. 42014000000000069 from March 6, 2014, in which, upon the decisions of investigating judges of the Pechersk District Court of Kyiv from May 29, 2018 in case No. 757/25776/18 and from June 6,  2018 in the case No. 757/27722/18-k, immovable and movable property of Residence "Mezhyhirya", as well as corporate rights of Tantalite LLC, were transferred into the management of ARMA. 

According to the legislation, the main purpose of ARMA's activity in the field of asset management is to provide (generate) revenues to the State Budget of Ukraine, and not expenditures from it. For this reason ARMA does not have the authority to spend the State Budget of Ukraine on the maintenance (servicing) of assets, in particular, payment for the consumption (usage) of electric energy. Instead, appropriate asset management measures can be organized and carried out by a professional asset manager, whom ARMA selects in accordance with the procedure established by the Special Law.

At the moment, the selection of the manager of assets of the Residence "Mezhyhirya" continues.

At the beginning of this week, authorized representatives of ARMA participated in a meeting of the DTEK Commission to consider the act of violation No. 00128 from April 8, 2019, which recorded the facts of illegal consumption (usage) of electric energy, upon which a corresponding protocol No. 642 from April 15, 2019 was prepared.  

During this meeting, ARMA provided clarifications to the legislation and, in particular, explained to the Commission that it is not and cannot be a proper party to the agreements on consumption and distribution of electric energy, since under the Special Law it cannot independently manage assets (substantial evidence) subject to seizure in criminal proceedings, and, instead, it selects a professional manager (business entity) through a relevant competitive procedure.     

ARMA stressed to the Commission that as soon as the professional manager of the Residence "Mezhyhirya" assets is determined, he (the manager) will have all the legal grounds and capabilities required by law to conclude relevant agreements with DTEK which are stipulated by the Electricity retail market rules, approved by the resolution of the National Commission, which carries out state regulation in the spheres of energy and utilities from March 31, 2013 № 312. 

According to part seven of Article 100 of the Criminal Procedure Code of Ukraine, the prosecutor, no later than the next working day after the ruling of the investigating judge, the court is issued, sends a copy thereof to ARMA, with an appeal to accept assets, and also takes urgent measures to transfer the assets to ARMA.

Subparagraph 14 of paragraph 4 of the Regulation on ARMA, approved by the Resolution of the Cabinet of Ministers of Ukraine from July 11, 2018 No. 613, stipulates that ARMA, in accordance with the tasks entrusted to it, carries out activities related to the actual acceptance of assets into management at the request of the prosecutor or investigator on the instructions of the prosecutor, accepts from the prosecutor assets in accordance with the acts of acceptance and transfer, transfers assets under the asset management agreement to the manager into management in accordance with the acts of acceptance and transfer.

In this regard, during the meeting of the Commission, the authorized persons of ARMA clarified the specified requirements of the legislation and reported that up to date ARMA has not yet carried out activities related to the actual acceptance of assets of the Residence "Mezhyhirya" into management, and, as well, has not received from the prosecutor the specified property in accordance with the acts of acceptance and transfer. Therefore, today it is possible to speak only about the existence of a certain legal title within ARMA, based on the relevant decisions of the investigating judges, and in no case can we speak of actual acceptance of the named assets into management of ARMA.

Regarding the appeal of DTEK to Vyshgorodsky District Internal Affairs Department of the Kyiv region on the issue of unconventional consumption (usage) of electric energy at the Residence "Mezhyhirya", which is a violation of requirements of the Law of Ukraine "On the Electricity Market" and falls under the indications of a criminal offense provided for by the requirements of Article 188-1 of the Criminal Code of Ukraine "Stealing of electric or thermal energy by means of its unauthorized usage", we must emphasize the following.

Subject to all the facts and circumstances that have become known to authorized persons of ARMA during the meeting with the DTEK Commission on consideration of the act of violation No. 00128 from April 8, 2019, at the moment relevant conclusions are being drawn up and will be forwarded to law enforcement agencies in the nearest future.

In addition, according to numerous reports in mass media, since 2014 the non-profit organization "National Park "Mezhyhirya" is the permanent actual user of the assets of the Residence "Mezhyhirya" and, accordingly, the actual consumer of electric energy.

Also, pursuant to numerous reports in mass media and confirmed by the information provided on the official web-site of ARMA (www.arma.gov.ua), the competitive selection of the asset manager of the Residence "Mezhyhirya" continues already for almost six months and has been repeatedly prolonged for various reasons.

Also, the non-profit organization "National Park "Mezhyhirya" takes part in this competitive selection and has repeatedly submitted to ARMA, in particular, the following documents:

- asset management program - from which it is seen that the non-profit organization "National Park "Mezhyhirya" claims to have actually used all the assets of the Residence "Mezhyhirya" for the last five years;

- information and statements indicating that the company meets the qualification criteria - among which it is indicated that the non-profit organization "National Park "Mezhyhirya" uses the property of the Residence "Mezhyhirya" in its activity, transferred to it for responsible storage by the prosecutor of the General Prosecutor's Office of Ukraine in accordance with the resolution of March 31, 2017 ;

- a certificate issued by the Main Department of Statistics in the Kyiv region and an extract from the Unified State Register of Legal Entities, Individuals Entrepreneurs and Public Organizations - the analysis of which gives an opportunity to conclude that the registered address of the non-profit organization "National Park "Mezhyhirya" is the address which fully coincides with the address of the Residence "Mezhyhirya", namely: the object of real estate " The recreation Center", located on the Ivana Franka street, 19, "Vyshhorodsky array", in the village Novi Petrivtsi, Vyshhorod district, Kyiv region (registration number 35840143).

The abovementioned circumstances make it possible to say that the actual user of the Residence "Mezhyhirya" for the past five years has been the non-profit organization "National Park "Mezhyhirya" (its founders (participants)). Accordingly, it can be assumed that the actual consumer of electric energy, consumed in the Residence "Mezhyhirya" for the last five years, is also the non-profit organization "National Park "Mezhyhirya" (its founders (participants).