The lawsuit "Nadra Ukrainy" against "Golden Derrick": when will the final

In late August, the judicial history of relations between the state company "Nadra Ukraine" and the infamous firm "Golden Derrick" will be continued. NAC hopes that the decision will be made in favor of the state, that is, Ukraine is one step closer to his goal - energy independence. August 31 the judicial history of the relations NAK "Nadra of Ukraine" and the company "Golden Derrick," which the media associated with the former government ministers Mykola Azarov, or will be continued or will begin the countdown to the logical conclusion.

 

Namely - the state-owned company still will enter the property rights of one of the contracts concerning the shares in the joint venture in a strategic country for the Sakhalin gas condensate field. It is more than a year devoid of such a possibility. And this, despite the fact that the previous court decisions, which came into force and adopted in favor of "Nadra Ukraine" were to terminate the contract of purchase and sale of shares with the "Golden Derrick." If the first decision of the appellate court will be made in favor of the Company, a better chance of a positive decision in favor of the NAC and in two similar cases. Then chastki contracts will be returned "Nadra of Ukraine", that is, under the state control.

 

As is known, in 2000 and 2003, the National Joint Stock Company "Nadra Ukraine" has signed a number of agreements on joint activities in the Sakhalin field. In 2012-2013, the former management "Nadra of Ukraine" sold "Golden Derrick" their shares on three contracts. At the same time on any of the contracts the company is fully paid off, allowing them to cancel and return the assets to the state. But to enter the property right is still not possible.

 

And today a decision on the case in favor of the court "Nadra of Ukraine" plays a significant role in achieving the main goal set by the state - to reduce energy dependence on Russia aggressor country, to increase gas and oil to rid our country from the Kremlin's pressure.

 

Meanwhile, 22 June and 2 July of this year Kyiv Economic Court ruled that dismissed the two petitions for recognition of ownership of NAC to share in the joint venture on Sakhalin field, located in the Kharkiv region. The relevant statements of claim were filed by the Deputy Prosecutor of Kiev in the interests of "Nadra Ukraine" to "Golden Derrick" and other participants agreed on joint activities.

 

"These decisions were actually taken in favor of the" Golden Derrick "and violate the interests of the National Joint Stock Company" Nadra Ukraine ", since block further participation in the joint venture companies in the Sakhalin field," - noted in the NAC.

 

In addition, the Kiev Economic Court of Appeal on August 31 in one case and 18 September in the second case to consider the appeal Deputy Prosecutor of Kiev in the decision of the Economic Court of Kiev, respectively, on July 2 and 22 June, which was denied the satisfaction of the two claims for recognition of ownership of the company "Nadra Ukraine" on the shares in the joint activity on the Sakhalin gas field.

 

"The company hopes that the consideration of the case to the appellate court will take into account the interests of the National Joint Stock Company" Nadra Ukraine ", whose shares are wholly owned by the state represented by the State Service of Geology and mineral resources of Ukraine", - the report says the company.

 

"Nadra of Ukraine" believes that the Kyiv Economic Court of Appeal on August 31 on appeal by the prosecutor's office in Kiev will administer justice on the principles of equality, fairness and competitiveness. This first decision the appellate court as noted above, is particularly important in terms of further jurisprudence on this dispute.

 

And an example of respect for the equality of all participants in the proceedings is the decision of the Supreme Administrative Court of Ukraine on July 9, 2015, "Golden Derrick" was deprived of the right to produce oil and gas in 19 areas of mineral resources, it received in 2010-2012.

 

The history of "Sakhalin" subsoil

 

As a result of the alienation of former officials "Nadra of Ukraine" in favor of "Golden Derrick 'share in the joint activity of this deposit state on behalf of" Nadra Ukraine "has lost control of gas production at the field and the possibility of profit. In this regard, November 10, 2014, the General Prosecutor's Office reported on suspicion of committing a criminal offense by former heads of "Nadra Ukraine" - the abuse of power or position when signing in 2012-2013 contracts of sale of shares in the joint venture on Sakhalin field.

 

At the end of 2014, "Nadra Ukraine" appealed to the Economic Court of Kiev with a claim to the "Golden Derrick" on the termination of three contracts of sale of shares, which the court later terminated.

 

With a view to the resumption of the company's participation in joint activities in the field and taking into account the termination of the Commercial Court of contracts of sale of shares on April 17 this year Kyiv Prosecutor's Office in Kyiv Economic Court filed three lawsuits on the recognition of the rights of property "Nadra Ukraine" on the shares in the joint venture. But, as we see in the Economic Court refused to satisfy two claims.

 

After analyzing the decision Economic Court of Kiev in two cases of 22 June and on 2 July this year, which are entirely similar, the company's specialists have noted that the court in dismissing the claim refers to the wrong election of the National joint-stock company method of protection. Thus, the Kyiv Economic Court judges believe that the company has the right to court only to declare the requirement for the recovery of damages from the "Golden Derrick," instead of asking the court to declare its right of ownership.

 

According to the company, the above conclusion of the Court is unfounded, since, according to the Civil Code of Ukraine is not limited to the plaintiff's right to an independent election method of protection. In the "Nadra Ukraine" real doubts about the possibility of execution for the recovery of damages from the "Golden Derrick" because of multimillion-dollar debts that are supported by judicial decisions.

 

Therefore, he was elected a way of protection for recognition of the right to share legally correct and optimal for the Company. According to the rules of the Commercial Code to make changes to the contract can only be party to the treaty, and the Company is not formally a party to the contracts for the latest edition of the SD to these treaties. Therefore, given that all the parties have agreed not recognized the right of companies to share in the joint venture, changes in the contract in terms of the inclusion of the National joint-stock company is possible only in court and after the court recognizes the right of ownership of the Company to share in the joint venture.

 

"Thus, as a result of the Economic Court of Kiev decisions to refuse to recognize the right of ownership of the company to share in the joint venture on Sakhalin field private company" Golden Derrick "and will continue to receive enormous profits from gas production on the Sakhalin field, and the state, which millions have been spent funds for exploration of this deposit, again get nothing, "- emphasized in the state-owned companies.

 

And here it is worth noting one fact - the Supreme Administrative Court of Ukraine on July 8 definitively deprived the company "Golden Derrick" mineral rights to deposits of oil, natural gas and shale gas deposits. Thus, 19 oilfields with oil and gas deposits, which the company "Golden Derrick" received in 2010-2012, have been returned to the state.

 

"It was a difficult process, but the court finally put an end to disputes over the legality of obtaining" Golden Derrick "all permits for deposits of oil, natural gas and shale gas deposits. Today Gosgeonedra Ukraine keeps his word and continues to take all appropriate legal measures to protect the interests of the state in such lawsuits, "- he said the then Acting Chairman Nikolai Gosgeonedr Boyarkin.

 

This victory was preceded by proceedings involving the Prosecutor General. Back in March 2014 the results of its verification Gosgeonedrami order was canceled in part of "Golden Derrick" special permits for subsoil use at 16 stations and 3 special permit revoked. The reason - the "Golden Derrick" does not pay the cost of the geological information to the state budget than cause significant damage to the state. In addition, it was revealed violation of the legislation in the sphere of subsoil use. And the Kiev Economic Court of Appeal has taken a decision that the company "Golden Derrick" should return the Ukrainian Geological Research and Production Center, a subsidiary of state-owned "Nadra Ukraine", UAH 25.3 million for the outstanding work.

 

The company's participation in the joint venture will allow to obtain a million profit, estimated at an average of about 2 million. UAH. per month for a contract, and a total of about 6 million. UAH. for three contracts. Considering that the proceedings of the Company and "Golden Derrick" last two years, the only company in 2014, ie the state, received less estimated 72 million. UAH. arrived.

 

This money is enough for the state company used to improve their financial condition, in particular, to repay the arrears of wages to employees of subsidiaries that have accumulated over the previous years to upgrade its subsidiaries and material and technical base, to continue geological exploration.

 

Therefore, for the national joint-stock company is very important to go back to the joint activity on the Sakhalin field in order to continue to receive part of the profits.

 

The company hopes that the consideration of the third lawsuit in the Economic Court of Kiev and further appellate proceedings in the Economic Court of Appeals held in the interests of "Nadra Ukraine".

 

Among sure about the way to protect and find a position - legally correct. "Absolutely right Prosecutor filed lawsuits to recognize the right of ownership of the company to the state represented by the National joint-stock company makes a profit, and the company paid dividends from participation in Joint Ventures", - emphasized in the "Nadra Ukraine".

 

Changes to the contract without the recognition of the right of ownership of a share for the company is legally impossible, as under the rules of the Commercial Code of Ukraine can only make changes to the party to the treaty. While technically not a party to the NAC contracts diabetes according to the latest revision of the treaties. At the same time all parties to the current edition of diabetes have been denied contracts the company has signed a draft Supplementary Agreement to the inclusion of the Company's BoD of the participants in joint activities on a voluntary basis. The right of the Company's share challenged and not recognized.

 

With regard to the collection with "Golden Derrick" losses, as indicated by the Economic Court of Kiev in their decisions on two judicial matters of 22 June and 2 July that this method of protection is optional according to the Civil Code of Ukraine and not exclusive. This trial is still ahead for the Company and can not replace legal dispute on the recognition of the right to a share.

 

*** National Joint Stock Company "Nadra Ukraine" is the leading company in the field of exploration in Ukraine and has 20 special permits for oil and gas bearing subsoil resource base of which is 47 million tons of fuel, 120 wells for the restoration of 16 priority areas for drilling for oil and gas, 40 sites for seismic surveys. In addition, 23 developed business project on promising exploration areas. The company consists of six exploration and specialized companies. 100% of shares "Nadra of Ukraine" owned by the state represented by the State Service of Geology and mineral resources.

 

 

August 21st, 2015

Geonews.com