In the constitutional court of Ukraine (CCU) challenged the provisions of the order of organizing and holding exchange auctions on sale of oil damp, gas condensate of own production and liquefied gas.
“51 the people’s Deputy of Ukraine on 24 July appealed to the constitutional Court of Ukraine with a request to recognize unconstitutional the provision of the third paragraph of paragraph 51 of the order of organizing and holding exchange auctions on sale of oil damp, gas condensate of own production and liquefied natural gas, approved by the decree of the Cabinet of Ministers of Ukraine “On organization and carrying out exchange auctions on sale of oil damp, gas condensate of own production and liquefied natural gas” dated October 16, 2014 №570 with the changes”, – stated in the message.
It is noted that the contested provision of this order provides that the seller fulfills its obligations to supply crude oil, gas condensate and liquefied gas after the receipt of funds from the buyer in full in accordance with the terms of the contract of purchase and sale. In particular, the submission emphasizes that the procedures and conditions for acquisition, termination and exercise of ownership rights is covered by the concept of the legal regime of ownership, which paragraph 7 of part one of article 92 of the Constitution of Ukraine is determined exclusively by laws of Ukraine. Therefore, the resolution of these matters is under the exclusive competence of the Verkhovna Rada of Ukraine.
Thus, according to the deputies, the Cabinet of Ministers, to resolve the conditions and procedure for acquiring ownership rights on crude oil, gas condensate of own production and liquefied gas, which must be determined exclusively by laws of Ukraine, has moved beyond its powers established by the Constitution of Ukraine.
The Verkhovna Rada