A criminal case against the judge who gave the property management ONPZ

Возбуждено дело против судьи, отдавшего в управление имущество ОНПЗ

Ongoing litigation surrounding the refinery

The judge is suspected of making a number of obviously illegal decisions.

The national anti-corruption Bureau of Ukraine began criminal proceedings according to the statement of the Odessa refinery relative to the investigative judge of seaside district court of Odessa Yuri Kushnirenko. On Monday, August 28, on his page in Facebook reported the press service of the company.

The case was initiated under article about obviously unjust decision (part 2 of article 375 of the criminal code of Ukraine).

“Criminal proceedings initiated on the facts: a determination dated November 30, 2016 in the case 522/20851/16-assigned documentary remote tax inspection of PJSC Odesa oil refinery in criminal proceedings No. 12016100000000042; determination of 13 November 2015, which all the real estate PJSC Odessa oil refinery was transferred to the operational management of GP Ukrtransnefteprodukt; a determination from 05 February 2016, by which all the movable assets of PJSC Odesa oil refinery was transferred to the operational management of GP Ukrtransnaftoprodukt”, – stated in the message.

Commenting on the situation, the lawyer Anna Gnatenko, representing the interests of the Odessa refinery, said that in the first case, assigning a tax audit, the investigative judge went beyond his powers.

“The findings on the basis of this definition, the checks formed the basis for motivating the use of special confiscation of all property of PJSC Odesa oil refinery (judgment of 19 June 2017). The definition was subsequently reversed by the appeals court as unlawful (court of Appeal court of Odessa region from 17 Feb 2017)”, she said.
In the second and third cases, the transfer of property refinery in the operational management of the state enterprise Ukrtransnefteprodukt, the judge again went beyond its powers, sure Gnatenko.

“By his decision the judge changed the decision of the owner, thus causing the company significant damage and forcing it to go in easy. It should be noted that subsequently, the decision of the Odessa appellate administrative court of 25 January 2017 were cancelled as illegal the state registration of the right of operational management for GP Ukrtransnefteprodukt assets of PJSC Odesa oil refinery on the basis of said determination Kushnirenko and the transfer of property in operational management was found to be illegal,” – said the lawyer.

Earlier, the company Energy and Gas Ukraine has accused the Cabinet of Ministers of Ukraine of abuse of power when deciding on the transfer of property companies in the Energy and Gas Ukraine and the Odessa refinery in the management of the state property Fund.

In bankruptcy the Odessa refinery found violations