The sixth administrative court of appeal upheld the decision of the District administrative court at the suit of Yulia Tymoshenko the Cabinet of Ministers and Naftogaz, which determined the order of formation of natural gas prices for households and Teplokommunenergo.
This is stated in the report “Judicial and legal newspaper”.
The court confirmed the illegality of the resolution of the Cabinet of Ministers No. 315 of 27 April 2016.
“Thus, the price of gas, which operated for 2.5 years according to the decree of Cabinet of Ministers No. 315, illegal. As noted by the legal community, the legal implications are very powerful: utility companies may require a recalculation, and consumers have been grounds for the recalculation of the gas and heat”, – stated in the message.
The court refused satisfaction of the appeal complaint of the Ministry of economic development and trade, Cabinet of Ministers, National Commission, carrying out state regulation in spheres of power and utilities, Open joint stock company “national joint stock company “Naftogaz of Ukraine”, Shcherban Tamara Nikolaevna.
The main argument of illegality of the specified resolution for the court’s invalidity and illegality of tariffs for gas. In addition, the court in its judgment found a violation of procedure, the adoption of this resolution.
In March 2019, the District administrative court of Kyiv at the suit of the party leader “Batkivshchyna”, Tymoshenko and social movements “mobilization rate” declared illegal and invalid the government resolution No. 315.
The decree set a uniform price for gas at 6879 UAH per thousand cubic meters (without VAT).
At the same time, according to the database on the website of the Verkhovna Rada, the specified decision void
The order of the government, which challenged Tymoshenko, has lost force on the basis of the resolution of the Cabinet No. 867 from 19.10.2018.
Detectives of the National anti-corruption Bureau conducted pre-trial investigation approved by the Cabinet of Ministers of formula of forming the price of gas in the criminal case of abuse of power or official position.
In particular we investigate the circumstances of the establishment in the 2016-2017 state regulated prices of natural gas for protection of public interests through the adoption by the Cabinet of Ministers regulations from 27.04.2016 No. 315 and 22.03.2017 No. 187.
Resolution of Cabinet of Ministers No. 315 and No. 187 dealt with the determination of the formula for pricing of gas based on the price of imported natural gas in the German gas hub, which is determined according to Platts European Gas Daily (the so-called formula “düsseldorf+”).