On August 13, 2014 in the District administrative court of Kyiv was held the hearing of the case on the claim of Universal commodity exchange "Kontraktovyi Dim UICE" to the Ministry of Energy and Coal on the recognition wrongful cancellation of the order dated June 20, 2014 # 463 "Ont the competition". The press service of the Ministry reports. The impugned order of the Ministry determines Ukrainian Universal Exchange the winner of the competition and authorizes it to the organization and holding of sale auctions on crude oil, gas condensate of equity production, liquefied gas, including specialized sale auctions on liquefied gas for the population needs.
The Minister of energy and coal Yurii Prodan participated in the court session. Because the case is an important public interest, the results of its consideration affect the interests of every citizen and the State as a whole.
Previously 23.07.2014 judge Pogrebnichenko I. M. alone gave the decision granting the motion Universal commodity exchange " Kontraktovyi Dim UICE " on provision of administrative claim by the suspension of an order from the Ministry 20.06.2014 No. 463 "On the competition".
The judge did not specify in the decision the reasons he was guided by granting this motion in violation of the requirements of procedural law.
The Minister of Energy and Coal Industry Yurii Prodan personally explained within the framework of the legal case and noted that the actions of the plaintiff aimed at blocking the work of the Ministry of Energy and Coal Industry of Ukraine on providing the population with liquefied gas.
Yurii Prodan said that the application of measures to secure the claim destabilizes the operation of enterprises of fuel-energy complex, since the failure of the auction in the prescribed manner has the effect of stopping production of liquefied gas, the stagnation of produced volumes of liquefied gas contained in processing plants own tank farms.
"Most importantly, this will lead to disruptions in providing the population of Ukraine with liquefied natural gas," said the Minister.
In addition, Yurii Prodan said that, according to current information, suspension of the Ministry’s order d.d. 20.06.2014 No. 463 "On the competition" led to the holding of illegal auction on oil and gas condensate produced by PJSC "Ukrnafta" by private JSC "Ukrainian interbank currency exchange" on 29.07.2014 This caused considerable damage to the state budget of Ukraine. In addition, the result was a deviation of PJSC "Ukrnafta" from participation in auctions held by the Ukrainian Universal Exchange authorized by the state to conduct such auctions.
The court did not take into account the urgent request of the representatives of the Ministry to consider the case in a short time, the willingness to provide all necessary materials for the operational solution of litigation and postponed its consideration on 02.09.2014.
Overall, the impression from the court session on the case No. 826/10456/14 under the chairmanship of a judge, Pogrebnichenko I. M. that the judge is taking all necessary steps to protect the interests of Universal commodity exchange " Kontraktovyi Dim UICE ", condoning the illegal conduct auctions for the sale of liquefied gas by not authorized exchanges and damage to the state budget of Ukraine in conditions of economic crisis.
Claims of Universal commodity exchange "Kontraktovyi Dim UICE" are based on information about non-payment of the Ukrainian Universal Exchange telephone services in the amount 167, 33 UAH in 2008 and untimely submission of payment orders by the chief accountant in 2012.
Paragraph 16 of the order of organization and holding the exchange auctions on sale of crude oil, gas condensate of equity production and liquefied gas, approved by the decree of the Cabinet of Ministers of Ukraine d.d. 03.10.2011 No. 1064 the basic criteria for determining the winner of the competition, namely the size of the registered and paid-up share capital and the availability of technical capabilities and experience in the organization of property sales for a period not less than six months. In addition, the Procedure provides the requirements for the application on participation in the contest. It should be noted that the application of the Ukrainian Universal Exchange fully complies with the requirements of the Procedure and contains information about absence of tax debts and other payments.