In turn, the former official linked the investigatory actions with activity of business entities, including NIBULON’s activity. “… the Order (No. 316 of the Ministry of Infrastructure of Ukraine adopted in 2015) concerns refund (interest-free and stretched in time) to private port operators, first of all to NIBULON, TIS, Nika-Tera which have invested their funds to dredge the state water area (instead of investing in the “USPA”)”, Volodymyr Shulmeister commented on Facebook.
We officially inform you that the information posted is not consistent with reality.
In particular, Volodymr Shulmeister mentions only the Order of the Ministry of Infrastructure of Ukraine No. 316 “On port dues” which was adopted on May 27, 2013. In 2013 he didn’t work at the Ministry or at any governing institution.
Therefore, we can assume that within the pre-trial investigation the investigators of the Security Service of Ukraine could be interested not so much in the Order No. 316 but in amendments that were adopted by the Order of the Ministry of Infrastructure of Ukraine dated 24.07.2015 No. 281 “On amendments to the Order of the Ministry of Infrastructure No. 316 dated 27.05.2013”, at the very time when Volodymyr Shulmeister worked as the first deputy Minister of Infrastructure of Ukraine.
The Order No. 316 of May 27, 2013 was amended by the Order of the Ministry of Infrastructure of Ukraine dated 27.05.2013 No. 281. Tonnage dues redistribution was made under provision of the amendments. SE “Ukrainian Sea Ports Authority” imposes this due in Yuzhny on foreign going vessels.  As a result, TIS-Container Terminal Ltd. and TIS-Ore Ltd. are able to impose tonnage dues. 
The key difference between NIBULON’s hydraulic structures and dredging performed by private companies in the water area of Yuzhny is that NIBULON imposes the tonnage dues for use of water areas of terminal’s berth (berths) in the manner and at the rate determined by the Order of the Ministry of Infrastructure of Ukraine dated 27.05.2013 No. 326, in accordance with part four of the Article 22 of the Law of Ukraine “On the Sea Ports of Ukraine”, on the ground of owner of hydraulic structure (i.e. water area of berth (berths) located outside the sea port on land leased by the company in the manner prescribed by law; NIBULON is lawfully registered as its owner and it’s included to the relevant registers of hydraulic structures).  
Collection of the above mentioned port dues by NIBULON is regulated by the Order dated 27.05.2013 No. 316 and the Order dated 24.07.2015 No. 281. There were no amendments made. Their legitimacy isn’t called into question by any control or law enforcement authority.
In other words, the Order of the Ministry of Infrastructure of Ukraine dated 24.07.2015 No. 281, which became the subject of attention of the investigators of the Security Service of Ukraine, has nothing to do with tonnage dues for use of water areas of NIBULON´s berth.
The fact is that since the adoption of the Order dated 24.07.2015 No. 281 the revenue of the state enterprise received from the tonnage dues for vessels performing cargo operations at berths of private stevedoring companies fell by half.
Tonnage dues imposed by NIBULON don’t affect the decrease in SE ¨Ukrainian Sea Ports Authority¨ revenues and losses of the State budget.
It should be recalled that hydraulic structures of sea transport used by NIBULON are located outside the sea ports. The company has not invested in dredging of waters of sea ports, and therefore cannot claim a refund.
In Shulmeister´s comment, amendments to the Order dated 27.05.2013 are either by mistake or consciously identified with refund of costs to operators of private ports for dredging of the sea port water area.
Thus, in accordance with Article 27 of the Law of Ukraine “On the Sea Ports of Ukraine”, refund of investments made by entities in the strategic facilities of port infrastructure that are state property is performed on the basis of the relevant agreements between the ¨Ukrainian Sea Ports Authority¨ and investors in the manner and on terms determined by the Cabinet of Ministers of Ukraine. At present, the procedure of investments refund made by entities in the strategic facilities of port infrastructure, that are state property, isn’t defined by the Cabinet of Ministers of Ukraine.
However, the Order of the Ministry of Infrastructure of Ukraine dated 27.07.2015 No. 281 cannot replace it, as it may lead to the fact that the state will refund these investments twice: as part of the port charges for the first time, by direct investments refund under Article 27 of the Law of Ukraine “On the Sea Ports of Ukraine” for the second time. 
Voloymyr Shulmeister’s comment seems strange because of the fact that favorable conditions for private stevedore companies were introduced by the Order of the Ministry of Infrastructure of Ukraine dated 24.07.2015 No. 281 just for the sea port Yuzhny, which is the party imposing port dues on ships calling to perform loading/unloading of general and bulk cargo. SE ¨Ukrainian Sea Ports Authority¨ has established and has been applying 50 % discount to all types of port charges (paragraph 1.9 manner and rates of port dues approved by the Order of the Ministry of Infrastructure of Ukraine dated 27.05.2013 No. 316).
Meanwhile, shipping and stevedoring companies that perform operations at the sea ports of Mykolaiv and Kherson are deprived of the rights to use discounts; this makes the ports mentioned the most expensive ports in the world in terms of disbursement expenses and negatively affects their competitiveness in international trade.
In our opinion, given the fact how “skillfully” SE “Ukrainian Sea Ports Authority” holds tenders for dredging sea water areas and canals and  manipulates the rates of port charges, the circumstances described demonstrate how this state enterprise  works and how “transparent” and “useful” its work for the state and business entities is. 
Therefore, the company considers that the investigatory actions against Volodymyr Shulmeister have nothing to do with NIBULON’s activity.