On October 17, the Supreme Court of Ukraine will consider the cassation appeal of PJSC Cherkasyoblenergo in the case of illegal alienation of Steblivska and Korsun-Shevchenkivska HPPs from the company’s ownership.
“In February 2023 the Economic court of Cherkassy region the purchase and sale agreements of these HPPs were recognized invalid, however, already in April the Northern economic court of appeal by its ruling canceled the decision to return these HPPs to the state”, – stated in the press release of “Cherkasyoblenergo” on Monday.
As reported, the Economic court of Cherkassy region by the decision of February 20, 2023 satisfied the claim of “Cherkasyoblenergo” on the invalidation of the purchase and sale agreements of Steblevskaya and Korsun-Shevchenkovskaya HPPs between the company and foreign economic association (FEA) “Novosvit” in 2015.
“Property complexes of Steblivska HPP and Korsun-Shevchenkivska HPP were alienated under the disputed contracts without holding an auction, without notifying the State Property Fund of Ukraine in order to conceal illegal transactions, as a result of which Cherkasyoblenergo and the state suffered significant damage”, – said in the court decision.
As follows from the document, the assessment of the property alienated under the disputed contracts to determine its market value in violation of the requirements of the law “On Joint Stock Companies” and the charter of “Cherkassyoblenergo” was carried out without the decision of the Supervisory Board of the company to engage a subject of appraisal activity, as well as the approval of the market value of the property.
“As a result of illegal assessment of the property of Steblevskaya HPP and Korsun-Shevchenkovskaya HPP as integral property complexes, acting chairman of the company’s management board Kuzminskaya S.A., who concluded the disputed contracts on behalf of Cherkassyoblenergo, artificially underestimated the market value of these two HPPs in order to avoid the prohibition provided for by the charter of PJSC on her independent decision to make transactions on property, the market value of which exceeds 5% of the value of the company’s assets,” the court stated.
According to the lawyer of Tsypin & Partners Marina Sutkovych, who represented Cherkasyoblenergo in court, the total amount of losses of the company as a result of the sale and purchase of two HPPs amounted to UAH 139.5 million.
“However, already on April 11, the Northern Economic Court of Appeal overturned the decision of the court of first instance. The court of appeal refused to satisfy the claim of Cherkasyoblenergo because, in its opinion, Kuzminskaya S.A. did not exceed the powers granted to her by the charter, the transactions were not significant, and other arguments of the court of first instance are unfounded”, – stated in the press release.
However, as noted by Sutkovich quoted in the document, the case file lacks an independent, free from the influence of the parties, judicial appraisal and construction expertise, and the court refused to appoint it for unclear reasons.
“The Northern Economic Court of Appeal was one-sided and took into account mainly the evidence of VEA Novosvit, which violated the principle of equality and due to which the circumstances of the case were not established fully and comprehensively”, – argues the lawyer.
At the beginning of 2022, 46% of shares of PJSC Cherkasyoblenergo were transferred from the State Property Fund to the Ministry of Energy. Another 25% of shares are under the management of PJSC Ukrainian Energy Saving Service Company (UkrESCO).
