Today, there are two groups of companies operating in the market for public procurement of coal in Ukraine, which compete with each other and try to conquer the entire market, without being constrained by funds.
First of all, you need to find out which companies are part of these two groups and what connects them.
The first group includes the following companies:
1. LLC “KOAL ENERGY GROUP” (EDRPOU code: 44489153), (Registration date: 11/12/2021);
2. LLC “ENERGOPOSTACH TRADE” (EDRPOU code: 44870684), (Registration date: 06/09/2022);
3. LLC “RESOURCE PROFGRUP” (EDRPOU code: 45170368), (Registration date: 12/11/2023);
4. LLC “SICH CONSTRUCTION COMPANY” (EDRPOU code: 45254272), (Registration date: 09/26/2023);
5. LLC “UKRMEGATEK” (EDRPOU code: 43209073), (Registration date: 09/04/2019);
6. LLC “ENERAOPT” (LLC “UKRAINIAN ENERGY ENTERPRISE”) (EDRPOU code: 37238960), (Registration date: 09.14.2010);
7. LEGARD GROUP LLC (EDRPOU code: 45259426), (Registration date: 01/26/2024);
8 LLC “ASGARD MEGA GROUP” (EDRPOU code: 39523035), (Registration date: 12/02/2014).
The company “COAL ENERGY GROUP” participated in coal procurements in 2021-2022, its current director and beneficiary is Dmitry Gennadievich Dvorka, convicted under Part 3 of Article 185 of the Criminal Code of Ukraine - theft (criminal proceedings included in the ERDR under No. 12015080310000298 , No. 12015080310000631). However, its former director, Vyacheslav Ivanovich Guzenko, requires more attention, who, by the way, is one of the accused in criminal proceedings No. 12015050000000608 of July 21, 2015 under Part 4 of Article 190, Part 3 of Article 209, Part 3 of Art. .28 part 3 of article 358, part 3 of article 28 part 4 of article 358 of the Criminal Code of Ukraine.
It is Guzenko who is the main figure in this group of companies and through him one can trace the connection of these companies with each other. Directly Guzenko V.I. is the director of ENERGOPOSTACH TRADE LLC and RESOURCE PROFGROUP LLC. Both of these companies are actively bidding in 2024.
In other companies of this group, Guzenko is not a director, but the connection with him is clearly visible.
The head of UKRMEGATEK LLC is Pushnyak Bogdan Viktorovich, whose wife, Pushnyak Natalya Vyacheslavovna, was a defendant in criminal proceedings in the same case with Guzenko Vyacheslav Ivanovich, Guzenko Polina Vyacheslavovna and Guzenko Maria Vladimirovna (https://data-ua.com/judicial-proceeding/ 66250982).
The director of “SICH CONSTRUCTION COMPANY” LLC and “LEGARD GROUP” LLC is Alexey Vitalievich Zhuk. Both of these companies are also actively participating in coal trading in 2024, often together with ENERGOPOSTACH TRADE LLC and RESOURCE PROFGROUP LLC. What connects Zhuk A.V. and Guzenko V.I. is ASGARD MEGA GROUP LLC. This company took part in coal trading in 2017-2018, and it was on 04/03/2018 that its then director, Vyacheslav Ivanovich Guzenko, was changed to Alexey Vitalievich Zhuk. In addition, Polina Vyacheslavovna Guzenko, the daughter of Vyacheslav Ivanovich Guzenko, was listed among the founders of the company.
This group of companies also includes ENERAOPT LLC (UKRAINIAN ENERGY ENTERPRISE LLC), this company participated in coal procurements in 2021-2023, the head is Andrey Anatolyevich Sosonny (who is a beneficiary in ~ 165 companies), but there are more of us interested in its past director - Folvarkov Anton Andreevich, who is the manager of Vyacheslav Guzenko, the current director of VITA TRADE LLC (EDRPOU code: 39621411) and TAVRIA TEPLOENERGO LLC (EDRPOU code: 39002068), and also has both an individual. person of two enforcement proceedings: No. 66974123 and No. 72734736 on the collection of funds, entered into the Unified Register of Debtors. By the decision of the Civil Service of the Odessa Region dated August 2, 2023 in case No. 916/2151/23, it was decided to collect jointly and severally from TAVRIYA TEPLOENERGO LLC and A.A. Folvarkov. in favor of the Joint Stock Company “TASKOMBANK” 273368.45 UAH of debt under the loan agreement. in case No. 916/2668/23, it was decided to recover from TAVRIYA TEPLOENERGO LLC in favor of the Department of Education and Science of the Kherson Regional State Administration (EDRPOU code 38594843) overpaid funds in the amount of 169,833 (one hundred sixty-nine thousand eight hundred thirty-three) UAH. 94 kopecks
The second group includes such companies as:
1. PE “NAFTOAGROSERVIS” (EDRPOU code: 32872463), (Registration date: 05/06/2004);
2. LLC “ZAPADMARKET” (EDRPOU code: 45355935), (Registration date: 10/31/2023);
3. LLC “ENERGO VOSTOK ANTHRACITE” (EDRPOU code: 40332955), (Registration date: 03/10/2016);
4. LLC “PROMTOPRESSURS” (EDRPOU code: 41513188), (Registration date: 08/09/2017).
The previous heads of the private enterprise “NAFTOAGROSERVICE” are Sergey Ivanovich Slivinsky (who remained an authorized representative and signatory) and Alexander Vladimirovich Sosyura (He is also the former director of PROMTOPRESSURS LLC 41513188 and LLC “YUZHNODONBASSKAYA MINE No. 3”). According to Sosyura A.V. Criminal proceedings were also opened No. 42023122030000158 dated 12/05/2023: by a resolution of the investigating judge of the Alexandria City District Court of the Kirovograd Region dated 01/11/2024 in case No. 398/6610/23 in Sosyura A.V. a preventive measure was chosen in the form of detention for a period up to 03/02/2024 inclusive.
The founder, director and beneficiary of ZAPADMARKET LLC (Date of state registration: 10.31.2023) is Sergey Vladimirovich Glukhov, who is also the former head of ENERGO VOSTOK ANTHRACITE LLC.
As for ENERGO VOSTOK ANTHRACITE LLC itself, now its head is Ruslan Rashidovich Bragin, and among the former managers, in addition to S.V. Glukhov, there is also Roman Rashidovich Bragin, the brother of the current director, who was also the founder of the company. Among the founders is also Yuri Ivanovich Slivinsky, brother of Sergei Ivanovich Slivinsky, already known to us from the Nefteagroservice private enterprise.
As for PROMTOPRESURS LLC, its founder is Bragin Roman Rashidovich (who, according to our data, even before the full-scale invasion and for some time after it, lived and did business in the temporarily occupied territories of Ukraine, but has now gone abroad and has not returned to Ukraine). Bragina Sofia Aleksandrovna is listed among the former authorized persons. The former director was, as we have already found out, Alexander Vladimirovich Sosyura. This society is also mentioned in the resolution of the Alexandria City District Court of the Kirovograd Region dated January 11, 2024, criminal proceedings number in the ERDR: 42023122030000158 (https://reyestr.court.gov.ua/Review/116221687). It states that on November 13, 2023, the Petrovskaya Correctional Colony entered into an agreement with PROMTOPRESSURS LLC for the supply of 505 tons of DG 13-100 grade coal. According to investigators, on the same day, a representative of the society offered the deputy head of the colony for 215 thousand hryvnia to close his eyes to the fact that 260.9 tons of coal turned out to be of poor quality than stipulated by the terms of the contract, and 4.45 tons were not delivered at all. On December 27, a representative of the contractor (suspect - PERSON_4) allegedly transferred the agreed funds to a colony official. After this, the funds were seized by law enforcement officers. It is interesting that the suspect (PERSON_4) is also listed as working as the head of the private enterprise “NAFTOAGROSERVIS”, as we have already found out - this is Alexander Vladimirovich Sosyura.
Thus, the connection within these two groups of enterprises is clearly visible. Now let's follow the activities of these companies, namely their victories at auctions at clearly reduced bid prices.
We know that state-owned energy generating companies purchase DG grade coal for UAH 5,040.00. (including VAT 20%) for 1 ton of coal with an ash content of 23%, and this price does not include delivery costs, the supply volumes are very large, and the purchases themselves are often carried out without intermediaries. Taking this into account, the price of 1 ton of coal with an ash content of 14%, for the purchase of which public tenders are held, which also includes delivery costs, cannot be less than 6,000 UAH, even the price of 7,000 UAH is in many cases underestimated. At the time of writing, we requested the price of coal grade DG (13-100) with an ash content of up to 14% directly from several Ukrainian mines, the average price offered to us was 8,000 UAH per 1 ton including VAT.
Now let's look at the tenders in which enterprises from the first group won. As a first example, let’s take a procurement under the identifier UA-2024-02-06-007309-a (https://prozorro.gov.ua/tender/UA-2024-02-06-007309-a), in which ENERGOPOSTACH LLC TRADE” won the tender for the purchase of coal grade DG (13-100) with a price of 6100 UAH per ton (including VAT) in accordance with Agreement No. 16 dated 02/12/2024, and soon after this an Additional Agreement was signed on the termination of this Agreement dated 02/22. 2024. Thus, the supply of coal did not take place.
LLC “RESOURCE PROFGRUP” was announced as the winner in the tender UA-2024-02-09-002370-a (https://prozorro.gov.ua/tender/UA-2024-02-09-002370-a) with an offer of 6147 UAH per ton of coal grade DG (13-100), while LLC “SICH CONSTRUCTION COMPANY” also took part in this purchase, which also belongs to this group of companies with an offer of 5,700 UAH per ton, but this offer was rejected due to the company’s failure to provide the necessary documents.
As for SICH CONSTRUCTION COMPANY LLC, this company won the procurement UA-2024-01-16-004841-a (https://prozorro.gov.ua/tender/UA-2024-01-16-004841-a ) with a price of 6450 UAH per 1 ton of the same coal grade DG (13-100).
LEGARD GROUP LLC also won the auction with a reduced price: ~5777 UAH per ton of coal, also grade DG 13-100. It is interesting that RESOURCE PROFGRUP LLC also took part in this purchase with an offer of a little more than 4988 UAH per ton, but this offer was rejected due to the abnormally low price.
Where do these enterprises get coal at this price? Is it stolen or of poor quality? We can look at the contracts of these enterprises with coal producers and suppliers and at the certificates of genetic, technological and quality characteristics for coal products that were provided to these enterprises for participation in procurement.
Two enterprises that issued such certificates to companies from the first group are LLC “COALENERGY” (USREOU code: 44197200) and LLC “ZAKHIDUKRPOSTACH” (EDRPOU code: 31674204)
It is LLC “ZAKHIDUKRPOSTACH” that is the producer and supplier of coal for LLC “RESOURCE PROFGRUP” in the procurement UA-2024-02-09-002370-a (https://prozorro.gov.ua/tender/UA-2024-02-09- 002370-a), in the certificate of the manufacturer and the characteristics of the coal, the ash content of the coal is indicated as 9.2%, while the offer of RESOURCE PROFGRUP LLC, as we have already found out, is only 6147 UAH per ton of coal. Ukraine was indicated as the country of origin of the coal; does RESOURCE PROFGRUP LLC have the ability to produce coal of such quality at such a low price? Maybe the coal is stolen or its quality is inadequate? Or perhaps these enterprises do not pay taxes and this is what gives them the opportunity to offer such a low price? According to our sources in the State Tax Service of Ukraine, this group of enterprises still evades paying taxes to the budget; there were almost no revenues to the State Tax Service from these enterprises.
Another company that supplied coal to enterprises of the first group is VITA TRADE LLC (EDRPOU code: 39621411), for example, as in the procurement UA-2024-02-07-013207-a (https://prozorro.gov.ua/tender/ UA-2024-02-07-013207-a). The director and owner of this company is Folvarkov Anton Andreevich, whom we have already mentioned as the former head of ENERAOPT LLC and manager Vyacheslav Ivanovich Guzenko. The main activity of VITA TRADE LLC is wholesale trade in grain, unprocessed tobacco, seeds and animal feed. Does this company really have the resource to ensure the supply of 156.52 tons of DG 13-100 grade coal, as specified in Agreement No. 4 dated December 27, 2023, and where does the company get this coal from?
The situation is even more interesting with the auctions in which companies of the second group took part. Yes, of course, they also enter the coal auction with reduced offers, for example, as in the UA-2024-01-17-014145-a auction (https://prozorro.gov.ua/tender/UA-2024-01-17 -014145-a), where ZAPADMARKET LLC submitted an offer at a price of 3,000 UAH per 1 ton of coal. In other procurements, these enterprises offer coal supplies for almost nothing.
Thus, the private enterprise “NAFTOAGROSERVICE” entered the auction UA-2024-01-23-011824-a (https://prozorro.gov.ua/tender/UA-2024-01-23-011824-a) with a final offer of only 250 UAH per 1 ton of coal. This offer was rejected due to the abnormally low price.
ZAPADMARKET LLC also provided an offer of 250 UAH per 1 ton of coal in the procurement UA-2024-01-17-013866-a (https://prozorro.gov.ua/tender/UA-2024-01-17-013866- a), an agreement was even concluded and signed with the customer (No. 11 dated February 12, 2024), which was later terminated due to the supplier’s failure to fulfill its obligations.
LLC “ENERGO VOSTOK ANTHRACITE” did not take an active part in public procurement this year, but also made proposals with extremely low prices, including in bidding for anthracite. In procurement UA-2024-02-07-014762-a (https://prozorro.gov.ua/tender/UA-2024-02-07-014762-a), this company submitted a proposal for the supply of 8 tons of anthracite coal, A (25-50) for only 22 UAH (2.75 UAH per 1 ton). Other enterprises from this group also submitted proposals with extremely low prices, namely: PE “NAFTOAGROSERVIS” with an offer of 61 UAH and LLC “PROMTOPRESURS” with an offer of 1 UAH. However, it was ENERGO VOSTOK ANTHRACITE LLC that was declared the winner and Agreement No. 82 dated February 26, 2024 was concluded and signed with it, which clearly states the obligation of ENERGO VOSTOK ANTHRACITE LLC to supply 8 tons of anthracite coal, A (25-50 ) at a price of 2.75 UAH per ton.
It is worth noting that all the mines in which anthracite was mined remained in the temporarily occupied territories of Ukraine. Therefore, the question arises, where did ENERGY VOSTOK ANTHRACITE LLC get it from? Even if the society had anthracite left over from previous years (even before the full-scale invasion), then where and how did they store it in such large quantities and did its quality deteriorate during the entire period of storage? And what is the reason for the supply of this anthracite at 2.75 UAH per ton?
In 2024, PROMTOPRESSOURS LLC has already won several auctions with offers at such extremely low prices. Thus, in the procurement UA-2024-02-23-005703-a (https://prozorro.gov.ua/tender/UA-2024-02-23-005703-a) an agreement was signed with the customer for the supply of coal G( G2) (13-100) for only 0.055 UAH per 1 ton. In the tender UA-2024-02-02-004647-a (https://prozorro.gov.ua/tender/UA-2024-02-02-004647-a) this company won with an offer of 1 UAH per ton of coal G (G2) (13-100), with this price contract No. 12/02 dated February 12, 2024 was signed. And on March 18, 2024, the Customer sent PROMTOPRESSURS LLC a message about termination of the contract, which indicated that despite a repeated reminder, coal was not delivered to the Customer and due to the disruption of delivery to the educational institution, there is a threat of disruption of the heating season. At the same time, the customer not only terminated the contract, but also applied operational and economic sanctions in the form of refusal to establish future economic relations with PROMTOPRESSOURS LLC for a period of 3 (three) years from the date of receipt of this notification. Absolutely the same situation was repeated in the procurement UA-2024-02-16-009725-a (https://prozorro.gov.ua/tender/UA-2024-02-16-009725-a), where PROMTOPRESSURS LLC won the auction from the same Customer.
However, this situation is not unique for 2024. Current events repeat the situation in 2023, when a significant number of trades were disrupted by the actions of these companies. For example, in the bidding UA-2023-10-04-002902-a (https://prozorro.gov.ua/tender/UA-2023-10-04-002902-a) PROMTOPRESURS LLC provided an offer for the supply of 224 tons coal DG (13-100) at a price of only 300 UAH per 1 ton. Supply Agreement No. K-6 dated November 29, 2023 was concluded, which was then terminated, as noted in Additional Agreement No. 2, due to the fact that the company’s warehouses are located in the city of Kurakhovo, which is constantly under fire, and a safe supply of coal is impossible. Thus, the purchase of coal during the winter was disrupted, creating a threat of disruption to the heating season at the Customer’s establishment.
So, it becomes completely obvious that these companies do not intend to supply coal at such extremely low prices, but they intend to disrupt purchases and prevent other enterprises from winning bids with adequate prices. Thus, they create a very real threat of disruption to the heating season.
Thus, in the market for public procurement of thermal coal in 2024, there are two groups of companies that have captured almost the entire market, are probably evading taxes, it is unclear where they get their coal, the quality of the coal itself is unclear, they are disrupting procurement by not giving this will supply other companies with coal, thereby threatening to disrupt the heating season. In view of this, only one question arises: where are law enforcement agencies looking?
