REUTERS
The Cabinet's Order will facilitate the implementation by the ministry of measures to protect Ukraine's rights and interests during the execution of the court decision.
The Cabinet of Ministers of Ukraine has authorized the Ministry of Justice to attract legal advisers and experts to recover UAH 172 billion (US$6.5 billion) from Russia's gas monopoly abroad based on the decision by the Anti-Monopoly Committee of Ukraine (AMCU).
"In order to ensure the protection of Ukraine's rights and interests during the consideration of cases involving foreign entities in foreign jurisdictions and on the basis of the relevant decision by the interdepartmental working group, authorize the Ministry of Justice to carry out in 2018 the purchase of legal services related to the protection of the country's rights and interests. This refers to the recognizing and appealing to the execution of the Kyiv Economic Court's ruling in case No. 910/18299/16 in foreign jurisdictions, using the negotiation procedure of procurement under Part 2 of Article 35 of the Law of Ukraine on Public Procurement," reads Cabinet's Order No. 422-r of July 4.
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According to the explanatory note, the order will facilitate the implementation by the ministry of measures to protect Ukraine's rights and interests during the execution of the court decision, allowing to attract legal advisers, specialists, and experts, including foreign ones, to be paid for by the state.
As UNIAN reported earlier, in March, the Kyiv Economic Court of Appeal upheld the decision of the Kyiv Economic Court to satisfy the claim of the AMCU on enforced recovery from Gazprom of a UAH 85.9 billion fine for violating the Ukrainian competitive legislation and a UAH 85.9 billion penalty for late payment.
In January 2016, the Antimonopoly Committee of Ukraine set a fine of almost UAH 86 billion (about $3.3 billion) to Gazprom for abusing a monopoly position in the gas transit market. The decision was made as part of the government's mandate, as well as amid official accusations of the European Commission put forward to Gazprom in connection with its dominant position in the market of Central and Eastern Europe, in breach of the European Union's antitrust rules.
Due to Gazprom's failure to pay the mentioned fine, the AMCU filed the lawsuit with the Kyiv Economic Court demanding the forced recovery of the fine and penalty, as well as the recognition of an obligation to halt violations. The court upheld the lawsuit in early December 2016.
Late February 2017, the Kyiv Economic Court of Appeal upheld the decision of the Kyiv Economic Court to satisfy the claim of the AMCU. The decision of the appellate instance prompted Gazprom to file an appeal.
In May 2017, the Higher Economic Court of Ukraine rejected Gazprom's appeals against an AMCU decision to recover UAH 171.932 billion from Russia's gas monopoly.
Following that, the Ministry of Justice began seizing Gazprom's assets in Ukraine, as well as seeking legal mechanisms for such seizure of the company's assets abroad.
Ukraine's Minister of Justice Pavlo Petrenko earlier said that Gazprom had no assets worth UAH 171 billion in Ukraine.