On September 10, NIBULON received a letter No. 0421 dated 05.09.2018 from Khrystyna Kryshykha, a correspondent of Information Agency “Stop Corruption TV” Ltd., concerning the provision of information on issues that were false and distorted in “Stop Corruption” program (episode No. 145) on June 3, 2018. The information agency frankly ignored the company’s position.
NIBULON emphasizes that before spreading slanderous information neither Khrystyna Kryshykha, a journalist, nor any other representative of the information agency has contacted the company to receive comments on the issues covered in the program. It shows an absolute lack of balance and a desire to really understand situation, lack of balance of points of view and opinions; the journalists of “Stop Corruption” did not even try to find balance while covering the issues in the program and in other publications.
The representatives of Information Agency “Stop Corruption TV” Ltd. addressed themselves to NIBULON with the above-mentioned letter only on September 10, 2018. Based on the contents of this letter, NIBULON emphasizes the following:
Firstly, regarding the legislation, the provisions of which regulate relations with the above-mentioned person regarding receipt of information on the letter No. 0421 dated 05.09.2018:
Taking into account the types of information (on the content of information and procedure to receive access to it), in relation to which Khrystyna Kryshykha asked questions in the letter No. 0421 dated 05.09.2018, relations regarding receipt of this information by Khrystyna Kryshykha are not subject to the provisions of the law of Ukraine No. 2939-VI dated 13.01.2011.
Secondly, regarding the form of information:
Under circumstances of spread of slanderous information about NIBULON and its shareholders by Khrystyna Kryshykha, there is a deliberate manipulation of information, distortion of information, fabrication in favor of interested persons, references to unreliable sources, “artificial” hype around inaccurate information, etc. The above-mentioned shows that the media representative ignores such criteria as reliability and completeness of information, separation of facts from her own comments, lawfulness of obtaining information. That is, Khrystyna Kryshykha abuses the right to the freedom of information and its dissemination, which is inadmissible under the law.
Therefore, NIBULON considers it unacceptable to reply to Khrystyna Kryshykha’s letter No. 0421 dated 05.09.2018 in the form of a video interview and publishes its response on the company’s official website.
Thirdly, regarding the questions outlined in the letter, the company considers it appropriate to inform you about the following:
1. Question: Does NIBULON refuse to pay the river dues? What are the grounds?
Answer: None of the current normative legal acts of Ukraine has introduced river dues and defined the obligations to pay these dues. By the way, drafts of the Law “On inland water transport” (neither draft law No. 2475a-d nor draft law No. 2475а-4) do not provide for the introduction of the so-called “river due” in Ukraine.
It should be added that the above-mentioned question has already become a frankly tendentious one. In fact, it is one of the many manifestations of legal nihilism on the part of questioner.
Question: Does the company currently have arrears in port dues?
Answer: NIBULON works exclusively within the legislation. The company pays all taxes and dues on time, in particular it provides timely payment of port dues in the amounts and in accordance with the procedure established by the current legislation of Ukraine. However, during last year Mykolaiv branch of USPA SE has been requiring double payment of port dues for the period 2014-2015 beyond those dues that were paid for each vessel. Such requirements of Mykolaiv branch of USPA SE are legally recognized as unlawful, as evidenced by the relevant court decisions, including the Supreme Court decision. 
2. Question: How much funds has NIBULON borrowed from the EBRD for the period of its activities? What is the amount of outstanding loans?
Answer: The information on credit relations between NIBULON and financial institutions, including the EBRD, is confidential. The access to this information is restricted by juridical persons – participants ofcredit relations, in particular correspondent financial institutions.
At the same time, NIBULON considers it necessary to emphasize once more that the company doesn’t have credit debts. It uses credit funds solely for its intended purpose – to carry out investment activities. As of today, NIBULON has already invested about USD 2 billion in the infrastructure development.
3. Question: We also ask you to provide NIBULON’s financial statements for the period of 2016-2017, indicating the amount of credit debt in the respective banks (the reasons for debt, schedules of repayment, and the sum of credit debt).   
Answer: The company’s activity is profitable and meets the requirements of all coaches of banks. This will probably disappoint the questioner.
Regarding the financial statements, NIBULON informs that there are no legislative and private obligations of the company to reveal them. At the same time, the company informs that from May 2019, in accordance with the law, it will publish its annual financial statements and auditor’s report on the website.   
As for “credit indebtedness”, the company has already provided information while answering the previous question.
4. Regarding information about natural persons:
Answer: The information on natural persons asked by Khrystyna Kryshykha is restricted by the law; it is confidential. And the company, as well as natural persons, does not see grounds for disseminating this information. NIBULON emphasizes that the law prohibits the collection, storage, use, and distribution of confidential information about a person without his/her consent.
NIBULON emphasizes that Oleksiy Vadaturskyy and his family members are citizens of Ukraine and they have the right to visit and stay in any country in business, as well as in private affairs.
In addition, the information that Oleksiy Vadaturskyy is General Director of NIBULON S.A. is open and it has never been hidden. All competent specialists of various branches of economy, who during their professional activity worked with NIBULON, know it.
It should be also noted that similar questions were answered by Oleksiy Vadaturskyy during a press conference held on July 4, 2018 on LIGA.net.
Fourthly, the company considers it necessary to recall that on June 3, 2018, with the direct participation Khrystyna Kryshykha as a journalist of Channel 5, the 145th episode of “Stop Corruption” program disseminated inaccurate negative information about NIBULON and its founders.
However, contrary to the requirements of the current legislation of Ukraine, this slanderous information has not been refuted. Information Agency “Stop Corruption TV” Ltd., whose correspondent is Khrystyna Kryshykha, and who positions itself an advocate for justice and the law, contrary to the legislative requirements, did not even reply to the lawyer’s requests (No. 13-06/18-01 dated 13.06.18 and No. 27-06/18-1 dated 27.06.18, plus No. 11-09/18-1 dated 11.09.2018). However, such actions of the information agency did not stop the company from restoring its violated rights, but only delayed for some time the process of procedural documents formation necessary for protection in court.
In addition, on September 11, 2018, with the active participation of Khrystyna Kryshykha as a journalist, Information Agency “Stop Corruption TV” Ltd. again disseminated unreliable information about NIBULON.
And finally, the facts from the “professional” activity of Khrystyna Kryshykha as a journalist show flagrant violation of the regulations of the current legislation regulating the activities of journalists and the media, as well as the main journalistic standards of the Code of Ethics of Ukrainian Journalists. According to the standards, false information isinadmissible; information must be reliable, accurate, immediate, objective, impartial, balanced.That is, it should be complete and relevant. And a journalist is obliged to do everything possible to correct any false information if it turned out to be false.
In order to protect its violated rights, in the near future NIBULON will apply appropriate measures of legal liability in full to Information Agency “Stop Corruption TV” Ltd., a journalist Khrystyna Kryshykha, and persons involved in distributing inaccurate false information about NIBULON and its founders.