A member of the Ukrainian Agri Council "Tavria-Skif" agricultural enterprise, is located in the village of Rozdol, Zaporizhzhia region, and has been under occupation since February 28, 2022. Moreover, the farm was transferred to the external management of the occupation authorities. Since then, according to the owner of "Tavria-Skif", Oleh Kaliman, he has not been conducting any business activities and has no access to the enterprise. However, he continues to receive huge bills for the electricity consumed by the enemy and to defend his truth in Ukrainian courts.

"We have completely lost the enterprise, and since April 28, 2022, the Russian Federation has started operating there. Before the full-scale invasion, "Tavria-Skif" cultivated 8,000 hectares of land, grew grains, oilseeds, and was engaged in vegetable growing and horticulture. They also had a mill, a bakery, indoor greenhouses, and powerful refrigerators for storing vegetables. The enemy took everything and also appropriated the stocks – 12,000 tons of grain, 4,000 tons of vegetables, 1.5 thousand tons of apples, purchased agrochemicals, etc. The orcs are doing business on my fields, and I am being charged for the electricity consumed by the occupier," said Oleh Kaliman.

The local supplier, Alternativenergo LLC, charged "Tavria-Skif" farm with a debt for unused electricity and went to the court. To prove the debt, it provided only data from its own accounting database. In fact, he was supplying electricity to the aggressor and did not stop supplying it. As of now, the Commercial Court of Zaporizhzhia region has recovered UAH 1,673,667 of the debt from "Tavria-Skif".

"In order to cut off the electricity, according to Ukrainian law, I would have to provide unimpeded access to the territory of the enterprise, but this is impossible under the occupation. A decision must be made at the legislative level regarding the occupied territories. We face a lot of problems. We are still receiving certificates of average electricity consumption - the amount has increased to more than UAH 5 million for the supplied energy. Moreover, one of the facilities that was powered by electricity was destroyed as a result of shelling and hostilities. In such circumstances, the charges should have been zero, but the supplier skillfully calculated the debt for the electricity used by the occupiers, and the court ignored this fact. Our case is not an isolated one. Ukrainian enterprises in the occupied territories are defenseless," the farmer explained.

According to the expert’s opinion Dmytro Loshakov, the UAC's legal advisor, the court's position on "Tavria-Skif" agricultural enterprise is unclear, and there are many questions about the actions of Alternativenergo LLC, which supplied energy to the occupiers.

"The facility is controlled by the occupation authorities, "Tavria-Skif" does not use electricity, and the energy supplier has accrued debts and demand from the company to pay for electricity that it did not consume. In our opinion, it is necessary to consider the responsibility of Alternativenergo LLC, which has not technically stopped supplying energy to the occupied territory, but is now trying to shift responsibility to an agricultural enterprise that did not cooperate with the enemy in difficult conditions, categorically refusing to assist them in conducting their business. The state should clearly and unequivocally express its position that the farms which ceased their activities due to the occupation should not pay for electricity consumed by the enemy," said Dmytro Loshakov.

"Tavria-Skif" is appealing the court's decision to recover the money for electricity supply. Ukrainian businesses should not have to pay for electricity consumed by the occupier. It is important to regulate and protect farmers in the occupied and de-occupied territories at the legislative level so that they do not become hostages to such situations.

Monday, 21 August 2023

 

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