The Helsinki District Court has satisfied the petition of Naftogaz Ukrainy and five other companies of the group and seized certain assets owned by Russia in Finland, the company’s press service said on Monday. According to its data, it is about real estate and other assets, which are estimated at tens of millions of dollars.
“This decision is part of Naftogaz’s global strategy to recover compensation for the damage caused by the seizure of assets of group companies in Crimea in accordance with the decision of the Hague arbitration,” the report said.
The company specified that this is also the first publicly known successful seizure of assets outside of Ukraine in fulfillment of the arbitral award on cases on claims of Ukrainian companies to Russia because of the expropriation of property in Crimea in 2014.
The decision is an interim step towards the actual recovery of assets in favor of Naftogaz. At the same time, interest stipulated for non-payment of funds under the arbitration award continues to accrue until the compensation is paid in full.
“Since Russia refuses to voluntarily pay Naftogaz the funds stipulated by the Hague ruling, we continue to use all available mechanisms to recover them. Today we have stood one step closer to restoring justice. At the same time, we are taking active steps to enforce the arbitration award in other target jurisdictions where there are Russian assets,” the head of the group, Oleksiy Chernyshev, said.
In Finland, Naftogaz is being represented pro bono by attorneys Mikko Leppa and Tatu Jaarinen of HPP Attorneys, supported by Covington & Burling, acting as lead legal counsel to coordinate Naftogaz’s international enforcement efforts.
As reported, in October 2016, Naftogaz and its subsidiaries initiated arbitration proceedings against Russia for damages due to the seizure of their assets in Crimea, and in September 2017 an application was filed with the tribunal at the Court of Justice in The Hague.
The Arbitration Tribunal at the Permanent Court of Arbitration in The Hague in April 2023 ordered the Russian Federation to pay Naftogaz Ukrainy $5 billion for damages caused by the seizure of assets of Naftogaz group companies in Crimea in 2014.
NJSC Naftogaz of Ukraine plans to import 2-3 bcm of gas, according to the published memorandum on economic and financial policy for the 5th review of the EFF program with the IMF.
“For the upcoming heating season 2024/25. Ukraine plans to import additional gas for domestic consumption in the amount of up to 2-3 billion cubic meters, while additional gas may be stored by non-residents for the needs of the EU countries in accordance with the baseline scenario,” the document says.
At the same time, it is noted that restrained domestic consumption and growing domestic production limited the need for gas imports in the last heating season.
Regarding import plans for this year’s heating season, it is noted that Naftogaz has secured additional financing for gas imports from the EBRD and bilateral donors.
If Naftogaz faces a liquidity shortage, the government is ready to assess the amount of compensation for the company’s special obligations in 2025 based on its actual documented costs, verified by the State Audit Service and other stakeholders. The relevant calculations will be finalized by the end of August 2025.
“The potential pressure on costs related to gas imports and PSO compensation will be taken into account by adjusting the fiscal balance targets to take into account the above assessment, the results of the audit of the debt of district heating companies (DHCs), available funding, and limited to UAH 60 billion (about 0.8% of GDP),” the document says.
It also notes that the energy sector reform agenda, “as soon as conditions allow,” includes additional gradual increases in gas and electricity tariffs with parallel support for vulnerable consumers, and after the war ends, it will require restoring and strengthening competition in the wholesale and retail gas markets.
It is noted that the government will adopt a roadmap for the gradual liberalization of gas and electricity markets with an implementation plan indicating the timeline for the period after martial law.
As reported, Naftogaz Group CEO Oleksiy Chernyshov said in early October in a commentary to Energoreforma that as of November 1, the company’s purchases of gas in the customs warehouse (CW) mode, which is carried out as a reserve at the expense of the EBRD loan, will be “within 500-600 million cubic meters.”
At the end of 2022, Naftogaz attracted an EBRD loan for EUR 300 million under state guarantees, which created a reserve stock of natural gas in the amount of 748 million cubic meters in the customs warehouse (CU) mode.
A new agreement on the EBRD loan to Naftogaz for EUR 200 million under state guarantees was signed in November 2023. At the time, it was emphasized that it would come into force after the state guarantees were issued. Norway and the Netherlands shared the credit risk with the bank.
The CU regime allows natural gas to be stored in Ukraine’s underground gas storage facilities for three years without paying taxes and customs duties during its further transportation from the country.
In January-September 2024, Naftogaz Group paid more than UAH 61 billion to the state budget of Ukraine and UAH 5 billion to local budgets, the company’s website reports.
In September, the company paid UAH 5.8 billion to the state budget, including UAH 0.6 billion to local budgets.
As reported, in 2023, Naftogaz Group companies paid UAH 90.2 billion in taxes, UAH 83.4 billion of which went to the state budget and UAH 6.8 billion to local budgets.
In January-September 2024, the companies of the Naftogaz Group – JSC Ukrgasvydobuvannya and PJSC Ukrnafta – produced more than 11 billion cubic meters of commercial gas, which is 0.7 billion cubic meters more (about 7%) than in the same period in 2023, the group reported on its website.
“We continue to increase Ukrainian gas production. We are 2% higher than the planned production volumes. I am grateful to the teams for managing to achieve their goals even in the face of war. We will continue to support the trend of developing Ukraine’s energy independence,” said Oleksiy Chernyshov, Chairman of Naftogaz Group.
He noted that this heating season, as in the past, Naftogaz plans to provide the population of Ukraine and other categories of public service obligations exclusively with its own resources.
As reported with reference to Chernyshov, Naftogaz Group produces 43-44 million cubic meters of gas daily, with total daily production in Ukraine amounting to 53 million cubic meters (which is approximately 83% of the total).
Naftogaz’s consolidated quarterly report says that the group’s forecasted commercial gas production for 2024 is expected to reach 14.6 billion cubic meters. In February, Chernyshev said that the group’s goal for this year is to get closer to 15 bcm of production.
The net consolidated profit of Naftogaz Group in January-March 2024 increased by 3.7 times (by UAH 17.839 billion) compared to the same period last year, to UAH 24.414 billion.
According to the consolidated financial statements published on Naftogaz’s website, its sales revenue for the first half of the year increased by 28.1% (by UAH 31.456 billion) to UAH 143.373 billion, gross profit by 4.1 times (by UAH 33.479 billion) to UAH 44.377 billion, and operating profit by 2.1 times (by UAH 14.907 billion) to UAH 28.904 billion.
According to the group’s press service, the improvement in financial results was achieved, in particular, due to an increase in revenues from the sale of gas, oil and petroleum products, as well as natural gas distribution services.
The key companies that showed a profit in the first half of 2024 are Naftogaz of Ukraine, Ukrgasvydobuvannya, Ukrtransgaz, Ukrnafta, Gas Supply Company Naftogaz of Ukraine, and Ukrtransnafta.
In addition, in January-June 2024, the group’s companies paid UAH 44 billion in taxes to the state budget, or 7.5% of all payments controlled by the State Tax Service of Ukraine.
As reported, in 2023, the net consolidated profit of Naftogaz Group amounted to UAH 23.1 billion, compared to a loss of UAH 79.1 billion in 2022.
In January-August 2024, JSC Ukrgasvydobuvannya and PJSC Ukrnafta increased commercial gas production by 7.7% (by 0.7 bcm) compared to the same period last year – up to 9.8 bcm.
These data were made public by Oleksiy Chernyshov, CEO of Naftogaz Group, at the European Business Association’s event Global Forecast. Strengthening Unity”.
Chernyshov also clarified that the group’s oil and condensate production during this period amounted to 1.3 million tons, compared to 1.2 million tons in January-August 2023. The plan for the year is 2 million tons, with 1.8 million tons in 2023.
According to him, Naftogaz is one of the largest investors in the country’s economy with an annual volume of investments and capital expenditures of about $2 billion.
Earlier, UGV reported an increase in commercial gas production by 7.2% to 9.26 billion cubic meters over 8 months of 2024.
As reported, Naftogaz’s consolidated quarterly report says that the group’s forecasted commercial gas production for 2024 is expected to reach 14.6 bcm. In February, Chernyshov said that the group’s goal for this year was to get closer to 15 billion cubic meters.
