A number of online media spread the information about the alleged arrest of several administrative buildings of NIBULON transshipment terminal in Mykolaiv by Pechersk District court of Kyiv at a request of the Prosecutor General’s Office of Ukraine yesterday. Unfortunately, the habit of most mass-media representatives not to check the information before publishing has become rather a “good” tradition than an exception to the rule.
We officially state that the information published in the mass media is not true.
The order of an investigating judge of Pechersk District Court of Kyiv dated 16.03.2017 is rendered on arrest of property in a criminal proceeding No. 42016000000002995 on the grounds of criminal offences under Article 219, part 2 of Article 364-1, part 2 of Article 366 of the Criminal Code of Ukraine.
According to the Unified State Register of Court Decisions, the circumstances related to bankruptcy of Mykolaiv Machine-building Plant PJSC (code 33250759) and transfer of right of ownership of assets of Mykolaiv Machine-building Plant PJSC to Smart Maritime Group Ltd. is a subject of the given pretrial investigation.
NIBULON has nothing to do with the given entities and transactions between them, including those ones related to non-residential buildings letter 20B1-2, letter 20B-1, and letter 20V-1.
The given buildings are former production premises, warehouse and household premises, a canteen and a transformer substation.
Since the acquisition of the facility under construction “Reconstruction of the east quay” in February 2002, NIBULON has acquired all facilities of Chernomorskyi Shipbuilding Yard under construction on the ground of relevant contracts of sale for fair price to construct and develop the transshipment terminal for grain and oilseeds. NIBULON hasn’t bought any facilities from Mykolaiv Machine-building Plant PJSC.
Chernomorskyi Shipbuilding Yard owned these non-residential buildings on the ground of the contract of sale dated 05.12.2008 (No. 5116 in the register).
In December 2008, according to the contract of sale dated 10.12.2008 (No. 5211 in the register), NIBULON bought the non-residential buildings letter 20B-1-2, letter 20B-1, and letter 20V-1 with the total area of 128,357 m2 in Mykolaiv, 21 Kabotazhnyi Spusk St. from Chernomorskyi Shipbuilding Yard.
All the acquired buildings were in disrepair and couldn’t be used or renewed. It is evidenced by the materials of inspection performed by a licensed design organization (technical report on pre-project inspection of buildings of the workshop No. 3, that is being reconstructed (No. 9469), is compiled by Promzhytlobud Private Company in 2010).
There weren’t any transactions between NIBULON and Mykolaiv Machine-building Plant PJSC, in particular the ones related to these buildings.
As the transshipment terminal was located at 1 Kabotazhnyi Spusk St., the acquired buildings from Chernomorskyi Shipbuilding Yard were included to the structure of the transshipment terminal with a single address: 1 Kabotazhnyi Spusk St.
The new address: Mykolaiv city, 1 Kabotazhnyi Spusk St. was assigned to the given non-residential buildings by the decision of the executive committee of Mykolaiv City Council dated 26.12.2008 No. 2441; the right of ownership of the non-residential facility (transshipment terminal) at 1 Kabotazhnyi Spusk St. in Mykolaiv is issued to NIBULON.
In 2010, NIBULON completed the first stage of the transshipment terminal expansion at 1 Kabotazhnyi Spusk St., Mykolaiv; as a result, the non-residential buildings letter 20B1-2, letter 20B-1, and letter 20V-1 were demolished and there were build new facilities of NIBULON’s transshipment terminal on the vacant land plot. 
In particular, in 2010, there was built an administrative and laboratory building (letter 1Zh-1 and letter 1Zh-3) of 5876,7 m2 total area , a transformer  substation (letter 2Kh) at the site of the demolished buildings and facilities acquired from Chernomorskyi Shipbuilding Yard in December 2008; there was also performed landscaping (asphalt covering) at the land plot where 4 buildings were located, which is evidenced by an act of readiness of the object for operation dated 22.09.2010. In 2010, the company built 3 new buildings.
The new buildings were built on the ground of the newly designed design specification and estimates, based on a building permit obtained by NIBULON according to the laws. The architect and planning concept, location, number of floors, construction and location of foundations, all technical and economic and other indicators, and the assigned purpose of the newly built buildings differ from the characteristics of the non-residential buildings that were bought by NIBULON from Chernomorskyi Shipbuilding Yard in December 2008. 
NIBULON is registered as the owner of the given facilities according to the certificate on right of ownership of real property dated 24.09.2010 No. 1251, issued by Mykolaiv Intercity Technical Inventory Bureau CE on the grounds of the decision of the executive committee of Mykolaiv City Council.
Thus, since December 2008 NIBULON owned the non-residential buildings letter 20B-1, letter 20B-2, and letter 20V-1; in 2010, as a result of the demolition and based on the newly designed design specification and estimates on construction of new buildings for other purposes, they ceased to exist as real estate. The total area of the newly built facilities is 6959,0 m2 less than the area of the buildings bought from Chernomorskyi Shipbuilding Plant in December 2008.
According to the Unified State Register of Legal Entities, Individual Entrepreneurs and Non-Government Organizations, Smart Maritime Group Ltd. was registered on March 13, 2009, i.e. after NIBULON received the right of ownership of the given buildings.
NIBULON hasn’t come into business relations with Smart Maritime Group Ltd.; it hasn’t transferred its right of ownership of these buildings to Smart Maritime Group or any other parties; NIBULON remains a sole proprietor of this property.
Consequently, the administrative and laboratory building of NIBULON’s transshipment terminal belongs to another owner, it is located at another address, and has other dimensions  and other symbols (letter) than that specified in the order of the judge of Pechersk District Court of Kyiv dated 16.03.2017 rendered on arrest of property in criminal proceedings No. 42016000000002995 on the grounds of criminal offences under Article 219, part 2 of Article 364-1, part 2 of Article 366 of the Criminal Code of Ukraine. It has never belonged to Smart Maritime Group; therefore, it can’t be arrested on the basis of the investigating judge’s order on the arrest of property of Smart Maritime Group Ltd.
Our company cooperates with many Ukrainian and international financial institutions, so transactions on purchase and sale of assets, their origin and relevant documents, as well as stages of construction and commissioning of new facilities, are checked and agreed with them.
Unfortunately, spread of such unchecked information creates considerable resonance both among banks and diplomatic representatives from different countries, who address us for further clarification. We are grateful for their confidence in our company.
We are deeply concerned and worried about the possible enforcement actions of the law enforcement officers on NIBULON’s property and employees, related to enforcement of the order of the investigating judge on arrest of property, and careless preparation of the request to arrest the property by the law enforcement officers. Thus, we hope that the General Prosecutor’s Office of Ukraine will hold a proper investigation of these facts, there will be given a proper assessment of unprofessional actions of the investigators, and our company will be informed that the investigations on the bankruptcy of Mykolaiv Machine-building Plant, which can be connected with activity of Smart Maritime Group, have no relation to our company and the facilities we own legally.
All NIBULON’s production facilities, including the transshipment terminal in Mykolaiv, operate in a normal mode.