State Audit Service to appeal against court decision cancelling its demand for return of UAH 229 million bonus paid to Kobolyev
21 October 2024 13:09
ЕКСКЛЮЗИВ
The State Audit Service does not agree with the decision of the Sixth Administrative Court of Appeal of 23 September 2024 and will appeal it in cassation. The State Audit Service announced this in response to a request from "Komersant Ukrainian".
“The full text of the decision of 23.09.2024 was received by the State Audit Service on 08.10.2024 and a draft cassation appeal against the decision of the Sixth Administrative Court of Appeal of 23.09.2024 is currently being prepared, the cassation appeal will be filed within the time limits set by the Code of Administrative Procedure of Ukraine,” the Service said.
Back in 2021, the head of Naftogaz, Andriy Kobolyev, was obliged to return his bonus of almost UAH 229 million according to the audit report (27.12.2018 No. 05-21/6) of the State Audit Service.
Despite repeated appeals by both Naftogaz and Kobolyev against the relevant audit report over the course of about 5 years of litigation, judges of various instances have recognised the auditors’ claim as legitimate.
However, in September of this year, the Register of Court Decisions published a new ruling by the Sixth Administrative Court of Appeal in this dispute, which, following Kobolyev’s complaint, cancelled the auditors’ demand.
“The decision of the District Administrative Court of Kyiv dated 11 August 2021 and the decision of the Sixth Administrative Court of Appeal dated 09 December 2021 shall be cancelled and a new decision shall be adopted to satisfy the administrative claim of the Public Joint Stock Company “National Joint Stock Company “Naftogaz of Ukraine” against the State Audit Service of Ukraine to declare the claim unlawful and cancel it. To recognise as unlawful and cancel the requirement of the State Audit Service of Ukraine dated 20 February 2019 No. 05-14/92-2019,” the resolution says.
As a reminder, according to the State Audit Service, in 2018, in the absence of a government-approved financial plan, in violation of Resolution No. 899 of the Cabinet of Ministers of Ukraine and the Collective Bargaining Agreement, bonuses of UAH 228 million 834 thousand were paid to the Chairman of the Board of Naftogaz . And this, as stated in the audit report of 27.12.2018 No. 05-21/6 of the Service, “led to losses in the specified amount”.
