Kyiv Appeal Administrative Court issued a ruling of 5 July 2013 to initiate appeal proceedings on case № 826/2981/13-a (in 4 volumes), according to Stanislav Batryn, director of Lions Litigate, a law firm.
The report is as follows:
«District Administrative Court of Kyiv in Resolution of 4 June 2013 refused to rule as unlawful the refusal of the Government to appeal to the Arbitration Institute of the Stockholm Chamber of Commerce in order to prevent threats to national security.
The court explained its decision as follows:
1. The Cabinet of Ministers of Ukraine and the Ministry of Energy and Mines have no right to initiate an appeal to the Arbitration Institute of the Stockholm Chamber of Commerce.
2. Overall responsibility for applications to the Arbitration Institute of Stockholm Chamber of Commerce rests solely on the governing bodies (chairman Bakulin - note) of the «Naftogaz of Ukraine» and the Cabinet of Ministers of Ukraine and the Ministry of Energy and Mines cannot influence it.
3. Official information disclosed by the President of Ukraine Viktor Yanukovych as Chairman of NSC and Secretary of NSC R. Bohatyriova that gas contracts represent a real threat to national security is not taken into account by the court did.
4. Gas contracts are intergovernmental, and the level of secrecy about security in the country makes it impossible to examine this information within the provided access for judges and participants. Therefore, the court did not obtain a «classified» decision by NSC of 20 January 2012, which established that contracts are a real threat to national security, as well as other documents relevant to the case.
In the court of appeal we will insist that the gas contracts are commercial rather than intergovernmental - therefore all documents must be obtained, including 39 annexes to contracts, documentary evidence of negotiations between NAK «Naftogaz of of Ukraine» and OJSC «Gazprom». The defendant must provide proof for initiation and termination of negotiations to determine the start for the 30-day period, after which the parties were required to submit the dispute for resolution to Stockholm.
We intend to refute the ruling that the responsibility for appeal to arbitration court is not with the government and ministries, but rather with the Chairman of the Board of the «Naftogaz of Ukraine».
Important role in the case belongs to the information (evidence in the case), disclosed by the publication «Ukrainska Pravda», indicating that at the beginning of the year Head of of the «Naftogaz of Ukraine» E. Bakulin sent a letter to E. Stavisky, whereby he stated that talks between the national company and OJSC «Gazprom» are unsuccessful, and requested initiating the termination of the contract for the supply of gas CP of 19 January 2009.»
