The Kyiv District Administrative Court (KDAC) has reversed the order issued by the National Agency on Corruption Prevention (NACP) on 1 July to the supervisory board of Naftogaz of Ukraine NJSC calling for termination of the company CEO;s contract.
The court made the decision on 5 July to uphold the claim by Yuriy Vitrenko to reverse the NACP order.
The KDAC decision is consistent with the opinion of an international law firm issued to Naftogaz which found that the NACP had acted in clear violation of legislation. In case of violations as referred to by the National Agency on Corruption Prevention leading to calls to terminate the employment contract with the company’s CEO, the NACP would have to take this case to court, instead of sending an order to the Naftogaz supervisory board or any other parties.
On 15 June 2021, the NACP announced its official ruling stating that Yuriy Vitrenko’s appointment as the Naftogaz CEO was non-compliant with applicable laws as he took up the position within the one-year period following his work at the Ministry of Energy of Ukraine. The agency first sent a respective order to the Cabinet of Ministers of Ukraine, and then followed up on 1 July with another order to the Naftogaz supervisory board.
Commenting on this situation, Ukrainian Minister of Justice Denys Maliuska confirmed that the NACP position was unjustified. The same view was also voiced by the Naftogaz Legal Department and supported by the expert opinion of Koretsky Institute of State and Law.
Today, both orders issued by the NACP – to the Ukrainian Government and to the Naftogaz Supervisory Board – have been reversed by the court.