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Ukrainian Media Holding warns Igor Kolomoisky’s structures against a possible seizure of the holding company by force before the agreement is signed.
On Friday September 11, on the official website of the Asset Management and Monitoring Agency (hereinafter ARMA), a message was published about the announcement of the winner of the contest for the selection of an asset manager of Ukrainian Media Holding ( Minutes No. 31 of September 10, 2020). ARMA’s bidding committee by majority vote decided to choose LLC 1 + 1 Internet as the winner of the contest.
We believe that this decision was made in violation of the norms of the current legislation of Ukraine and with the connivance of the ARMA administration and the owners of the winner.
1) As noted above, ARMA committed a serious violation of the current legislation of Ukraine, which consists in the latter’s failure to comply with the provisions of the second part of article 21 of the Law of Ukraine, on the National Agency of Ukraine for the Identification, Search and Management of Assets Received from Corruption and Other Crimes. according to which the assets will be transferred to the administration of legal persons or natural persons – entrepreneurs, determined based on the results of the tender, in the manner prescribed by the legislation on public (public) procurement.
That is, the assets are transferred to the administration of entities (legal persons or sole proprietorship), which were determined in the manner prescribed by the legislation on public (public) procurement.
The Public Procurement Law of Ukraine provides for procurement exclusively through the Prozorro electronic system, in which the client’s tender documentation (i.e. ARMA) and the tender proposals of the tenderers must be published in the public domain.
ARMA did not meet this requirement.
2) From Protocol No. 31 of September 10, 2020 it follows that one of the reasons for the non-election of the participant of LLC Publishing House Ukrainian Media House was the alleged connection of the latter with the holding company UMH, whose assets are transferred to the administration (statement by VG Bochorishvili).
First of all, the evidentiary basis for this thesis, comical as it may sound, is an “article on the Interfax website” and an unfounded statement from a directly interested party and winner of the contest, LLC 1 + 1 Internet, which itself It casts serious doubts on the objectivity and professionalism of the members of the tender committee.
Second, even if this were true, current legislation does not contain restrictions for the participation in the competition of persons associated with the UMH holding company, and ARMA is not empowered to establish such restrictions.
3) Of course, in the face of such significant infringements, in the next few days, the participants in the UMH asset management tender will present a written claim to appeal the results of the tender dated 11/09/2020.
However, according to available information, even before the signing of the Agreement with the “illegal winner”, the former owners of the Privat Group, the UMH holding company is expected to be seized by force to use the media resource of the holding company in the upcoming local elections to manipulate information and promote specific political forces.
Bearing in mind the above, we appeal to the President of Ukraine (as guarantor of the Constitution, among the fundamental rights and freedoms of which freedom of the media is granted), the Cabinet of Ministers of Ukraine (the central executive body that directly manages ARMA) and law enforcement agencies (and we ask that you consider this as a statement of the commission of a crime and for clarification of the circumstances of the collusion between ARMA management and the owners (beneficial owners) of LLC 1 + 1 Internet) with a request to prevent the commission of a crime and protect the freedom of expression of one of the political forces on the eve of local elections.
УМХ
Open letter from the UMH management to businessman Igor Kolomoisky
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