Stanislav Batryn commented on his claim against the former President in «gas case»
Lions Litigate's lawyer Stanislav Batryn gave explanations regarding the lawsuit against the former President of Ukraine Viktor Yushchenko on the «gas case».
The statement reads as follows:
«Over the past few days some politicians expressed opinion that Yushchenko supposedly did not intervene in the negotiations for signing gas contracts. However, these figures, same as former presidential spokesman, do not offer any facts to the public, but rather throw out assumptions. However, Yushchenko's illegal actions are evidenced by O. Dubyna’s interrogation report compiled during investigation of the Tymoshenko case, oral interrogation of O. Dubyna in Kyiv Pechersk district court – in the course of these proceedings Oleh Dubyna confirmed constant checks with V. Yushchenko, as well as the President's prohibition to sign the contracts on favorable terms. This testimony is fully consistent with that by Yushchenko's in the Tymoshenko case.
However, for qualifying Yushchenko's actions as criminal acts it suffices to look at the content of directives, approved by Presidential Decree on 26 February 2008 № 165/2008. Contents of the directives proves that the President of Ukraine, instead of «Naftogaz of Ukraine», decided on the necessity to enter into legal relations, transition to specific cooperation schemes, prohibited to work with other counterparties, identified the maximum price contract (gas price, price of transit services) decided on repayment of the company's debts, making settlements, entry and peculiarities of the company's participation in the joint venture with the counterparty, etc.
This written document, as opposed to verbal instructions, cannot be concealed, and it proves direct intervention of President Yushchenko in «Naftogaz» and government's jurisdiction as the highest executive body that performs administrative functions in relation to the national company.
In the text of the directives it is stated that they were issued based on paragraph 3 of Part 1 of Article 106 of the Constitution of Ukraine. However, the powers of the President under paragraph 3 of Part 1 of Article 106 of the Constitution of Ukraine relate exclusively to negotiating and concluding international agreements of Ukraine. In the present case, Yushchenko issued a directive to conduct negotiations concluded not by the state «Ukraine», but rather a business entity - NJSC «Naftogaz of Ukraine». Thus, the evidence exceeded of the President's constitutional powers is conclusive».
