SBU statement for blocking of rail traffic to and from certain districts of Donbas
Recently, some politicians hiding behind patriotic slogans “stop trading with the occupiers” that are allegedly covered by the SBU, and propagandizing the introduction of “economic blockade”, organized blocking of rail traffic to and from certain Donetsk and Luhansk districts.
Sharing the position of the colleagues, who stand at the forefront of countering terrorism, and the absolute majority of citizens, the SBU categorically deny any accusation of commercial interest in trade in so-called DNR/LNR. The SBU condemns populist actions of certain politicians, which are based on false representation and manipulation of citizens’ consciousness.
The SBU stresses: Donbas is Ukraine!
According to Article 12, 14 of the Law of Ukraine on Fight against Terrorism, by order of the head of Operation Staff of ATO management in the territory of Luhansk and Donetsk region dated June 12, 2015 №415ог approved “Temporal Procedure of Control over Transport and Cargo across the Line of Contact”.
This order regulates, that the goods can be transported to/from uncontrolled territories only by rail, passing the determined checkpoints. The Coordination Center, which comprises representatives of many agencies, including the SBU provides economic agents with appropriate permissions, after the necessary application to the State Fiscal Service of Ukraine.
The permission is given only upon condition of paying taxes, charges, other obligatory payments to the budget of Ukraine, having the complete information about the transparency of such process and the noninvolvement in terroristic activity funding. The businessmen should be registered for fiscal accounting in the territory controlled by Ukraine, socially and export-oriented, have the only trade cycle in the territory controlled and uncontrolled by Ukraine and settle accounts, using only Ukrainian banking system.
It is worth mentioning, that the goods, supply of which is allegedly blocked by certain politicians, are prohibited to transport across the delimitation line. Some of them can be supplied only as humanitarian cargo.
We stress that the Procedure is open. Please find it and the list of commercial structures and the commodity classification on the official web-sites of the SBU and the State Fiscal Service of Ukraine.
On July 17, 2015 by the SBU initiative, the Verhovna Rada of Ukraine made amendments in the Law of Ukraine on Fight against Terrorism, which provides the determination of circulation of transport in the ATO area by legislative act of the Ukrainian government. The project of the corresponding regulation, prepared by the SBU, is under consideration of the Cabinet of Ministers.
According to the results of the control activity concerning the transportation of goods in the ATO area:
– businessmen registered on the territory controlled by Ukraine and who have manufacturing facilities in Certain Territories of Donetsk and Luhansk Regions paid taxes to the State Budget of Ukraine in 2015 – 19,570,894,000 UAH, in 2016 – 31,640,781,000 UAH (including military fee – 777,445,908.57 UAH);
– effective system of interdepartmental control was created.
Examples of the most prominent results of its work:
09/05/2015 near Zolote town 168 trucks, carrying goods prohibited for transportation, were detained.
30/06/2015 at “Krasnyi lyman” checkpoint 11 carriages with goods weighing more than 700 tons that were hidden under a meter layer of slag were detained.
11/07/2016 at “Kostiantynivka” checkpoint 2 carriages were detained. In these carriages staurolite concentrate was transported under the guise of molding sand.
30/12/2016 at “Kostiantynivka” checkpoint 19 carriages with scrap metal were detained.
At the same time, measures of blocking the railroad traffic by activists:
– have features of illegal activity (Article 278 “Hijacking of a rolling-stock, aircraft or sea/river vessel”, Article 279 “Blocking of transportation routes, and capturing of a transport enterprise”, Article 280 “Compulsion of a transport worker to misconduct in office” of Criminal Code of Ukraine);
– create conditions for disruption of stable power system functioning (taking into account 5 available in Ukraine thermal power plants which produce 15% of thermal generation, the lack of anthracite coal group supply will lead to a shortage of generating capacity in the United Energy System of Ukraine and will force the implementation of recurrent consumers cut off schedule);
– inflict direct losses to the state (from 25/01/2017 385 carriages with 26,950 tons of coal a total cost of which is 35,035,000 UAH, 20,000 empty carriages and property of JSC “Ukrzaliznytsia” were left at the Certain Territories of Donetsk and Luhansk Regions);
– will lead to the increase of the number of citizens who after losing their jobs (ensure the existence of almost 150,000 people) will have to join the ranks of illegal armed formations, taking into consideration 40% understaffing in so-called army units of the Certain Territories of Donetsk and Luhansk Regions;
– adversely affect on the process of release of hostages.
SBU Press Center
For the Attention of the SBU Head