Yet another criminal case against Yulia Tymoshenko
The Kyiv Administrative Court of Appeal has reinstated the case against former Prime Minister Yulia Tymoshenko relating to the signing of an additional agreement to the Kryvorizhstal contract
Yulia Tymoshenko may again be accused of exceeding official powers. The former Head of the State Property Fund [the Fund], Valentina Semenyuk-Samsonenko, who informed the press of the court’s ruling, had appealed against an instruction issued to the Fund in October 2008. In accordance with that instruction in the summer of 2009 the Fund made amendments to the conditions for the sale of Kryvorizhstal, with respect to the enforcement by the company of its investment obligations. According to the additional agreement, some of these investment obligations were deferred.
However the then Acting Head of the Fund, Dmytro Parfenenko stated that the company’s owner had agreed to fully ensure fulfilment of social obligations envisaged by the contract.
Ms Semenyuk-Samsonenko asserts that the former Prime Minister’s instruction which sanctioned amendments to the contract violated Ukrainian legislation on privatization and management of State-owned property, as well as the Constitution.
The Kyiv District Administrative Court previously rejected Ms Semenyuk-Samsonenko’s suit. However on 7 July the Kyiv Administrative Court of Appeal found that the District Administrative Court’s ruling had been unlawful.
Ms Semenyuk-Samsonenko also stated that the court’s ruling was that the cases against Tymoshenko regarding unlawful amendments to the contract of sale of Kryvorizhstal and on exceeding official duties should be combined.
Kryvorizhstal was sold in 2005 for 4.8 billion USD as the result of reprivatisation following the Orange Revolution.
The owner of the enterprise ArselopMittal is considered the biggest investor in Ukraine and the owner of the biggest metallurgic plant in the country.
Another criminal investigation against the former Prime Minister, presidential candidate and leader of the main opposition party Batkivshchyna – BYUT is underway on charges of exceeding power and official authority with respect to the gas contracts with Russia at the beginning of 2009.