Dr. Stanislav Batryn, director of Lions Litigate legal firm, has sued the cabinet and State Property Fund for their inaction in rescinding the highly ruinous 2009 gas contract between Ukraine’s Naftohaz and Russia’s Gazprom, Ukrayinska Pravda reports.
The infamous gas contract was signed by two business entities, not states. Therefore, the Ukrainian state must not interfere in the conflict, the lawyer says. Naftohaz shareholders should call an emergency session and put the revocation of the contract on its agenda as Ukraine can take the issue to the Stockholm arbitration court only after such meeting by shareholders.
The role of the Ukraine cabinet is to ensure the calling of the emergency session, the lawyer says.
Consequently, any talks between the presidents of Ukraine and Russia on the gas price indicate a direct interference of the executive in the activities of independent business entities, the lawyer says.
In 2011, Judge Kireyev considering Tymoshenko’s role in signing the 2009 gas contract said Ukraine had suffered the damage amounting to $194,625,386.
Since it is the duty of the state and president to protect the interests of Ukrainians, the powers that be have ignored these interests, showing negligence and inaction in pushing toward the gas contract revocation, Dr. Stanislav Batryn says.
The actions of the executive are therefore unlawful, unconstitutional and not aimed at securing the interests of Ukraine, the lawyer says.