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Wednesday, July 26, 2017

Chetyrehlistnyj claim companies Kolomoysky in Ukraine camouflages the prospect of a bribe

The Ministry of justice of Ukraine received a formal complaint from three Cypriot companies, minority shareholders of PJSC “Ukrnafta” to the state of Ukraine on the huge amount 4,674 billion. Cyprus offshore for the first time officially recognized that under control to the businessman, the former head of Dnipropetrovsk oblast Igor Kolomoisky. On whose side is the truth in this dispute and what are the prospects for its resolution, we were told the expert of the Institute of CIS countries Denis Denisov.

photo: youtube.com

According to Ukrainian media, the amount of the claim consists of: 1) 2,063 billion, which the minority shareholders of “Ukrnafta” require at the expense of loss of dividends; 2) 932 million dollars, required on account of penalties; 3) 1.679 billion dollars on account of loss of value of the shares.

Legal grounds for claim the plaintiffs referred to the violation by Ukraine of its international legal obligations under the Energy Charter.

At the same time put forward four main reasons for filing a lawsuit. First, the expropriation of gas produced at PJSC “Ukrnafta” or the purchase of such gas at reduced prices from the NJSC “Naftogaz of Ukraine” for several years. Secondly, changes in the corporate structure of PJSC “Ukrnafta” as a result of the change of quorum for holding the General meeting of shareholders from 60% to 50%. Thirdly, the removal of persons appointed by the investors from the management of “Ukrnafta”. Fourthly, the rent increase for use of mineral resources.

– Denis Olegovich, so who is right and who is wrong?

– We must understand that since 2003 actually Kolomoisky runs Ukrnafta. And all these years, 13 years, the company was not in the public interest and the interests of the Privat group, which he heads.

– That is right defendants?

– Logically, Yes. Neither from the point of view of common sense nor the laws of Ukraine Kolomoisky had and has no right to direct the activities of the state company.

– What are the chances of Kolomoisky’s about milking money from the Ukrainian Treasury?

– In my opinion, the chances are good.

– Does Ukraine have that kind of money?

– Well, you can always find a compromise. Perhaps a partial refund. If the oligarch will be able to negotiate with the government, which is very likely, you will get some satisfaction. What kind of deals are we talking? This may be due to the voting affiliated members of the Verkhovna Rada for certain initiatives and bills. Kolomoisky, known, controls the whole parliamentary group, “Revival”, as well as a number of individual members in other factions. It can be services of another nature. For example, services Poroshenko and his entourage.

– And why did not immediately agree?

– Well, if you remember, not so long ago between Kolomoisky and Poroshenko was a conflict which nearly escalated into an armed confrontation. Even the Ambassador of the United States had to make peace between them.

– That is, claims – that is to say, the money side of this “peace Treaty”?

– It is possible. Now we will see how to react to authorities. But generally speaking, payment for claims is a very convenient way of paying bonuses to the oligarchs of the Ukrainian state. No one can accuse Poroshenko that he gave a bribe Kolomoisky.

Sanctions . Chronicle of events

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