On September 8, 2025, the HACC granted the motions of former members of the NEURC, Oleksandr Formahei and Dmytro Kovalenko, who had been charged in the Rotterdam+ case, and released them from criminal liability due to the expiration of the statute of limitations.
The court closed the proceedings against the two defendants and left the civil claim against them without consideration. The prosecutor did not object.
Formahei and Kovalenko had been accused of official negligence (Article 367(2) of the Criminal Code of Ukraine) in connection with their votes in favor of the NEURC resolution that expired on July 1, 2019. The statute of limitations for this offense is five years, which has now elapsed.
The HACC recently released another defendant in the case — former NEURC chair Oksana Kryvenko — from liability. In addition, in 2027 the statute of limitations will expire on the first episode of the case (abuse of office charges).
In our monitoring report, we noted that one of the key challenges for HACC proceedings is the flawed regulation of statutes of limitations. We recommended a comprehensive improvement of the legislation: providing additional grounds for suspension, extending the duration, and changing the final calculation point. We also analyzed the specific issues of this case in a separate piece.
Former top officials of DTEK and the National Energy and Utilities Regulatory Commission (NEURC) are accused of illegally applying the Rotterdam+ formula to coal at Ukrainian TPPs. The state suffered more than UAH 38 billion in losses, while DTEK made excessive profits.