PrJSC MC Ukrnaftoburinnya appealed to the Supreme Court to preserve natural gas production and avoid crisis situations during the autumn and winter period.
The company filed a cassation appeal and a request to suspend the execution of the ruling of the Sixth Administrative Court of Appeal, which jeopardized Ukraine's energy security.
As a reminder, the case was considered at the request of the State Service of Geology and Subsoil of Ukraine to reverse the execution of the court decision. The lawyers of PrJSC MC Ukrnaftoburinnya formed a clear legal position. In the first instance, the State Service of Geology and Subsoil of Ukraine was denied on 9.08.2023 by the decision of the Kyiv District Administrative Court, after which they filed an appeal.
On appeal, the company's lawyers presented arguments and objections based on the same legal position.
Unfortunately, the panel of judges of the Sixth Administrative Court of Appeal did not examine the arguments of PrJSC MC Ukrnaftoburinnya, ignored a number of arguments and on November 28, 2023, granted the appeal of the State Service of Geology and Subsoil of Ukraine and, by reversing the execution of the court decision in administrative case No. 2a-7778/09/2670, revoked the special subsoil use permit No. 6349 dated July 10, 2019, under which PrJSC MC Ukrnaftoburinnya operates.
However, the decision of the District Administrative Court of Kyiv dated September 3, 2009 in case No. 2a-7778/09/2670, which was reversed by the appellate court, concerns the issuance of another special permit, No. 5139, which was already revoked by the State Service of Geology and Subsoil in 2019.
Thus, by canceling the new special permit, although the case concerned only the old one, the court stopped gas production at the Sakhalin field.
On December 1, 2023, PrJSC MC Ukrnaftoburinnya took all the necessary technological measures and was forced to comply with the requirements of the legislation prohibiting hydrocarbon production activities without a special permit for subsoil use, which was revoked by the decision of the Sixth Administrative Court of Appeal.
It is worth noting that the specialists of PrJSC MC Ukrnaftoburinnya found a way to ensure gas supply to the village of Kitchenkivka, Kharkiv region, which is connected to the company's technological communications, and did not leave people without heating and the ability to cook in winter.
The company filed the necessary appeals to the Supreme Court to be able to continue working to strengthen Ukraine's energy independence.
PrJSC MC Ukrnaftoburinnya hopes for the rule of law, common sense and a state position.
Translated with DeepL.com (free version)
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