SAPO decides on re-imposition of procedural obligations on former Naftogaz CEO Kobolyev
21 November 13:42
The HACCU ignored prosecutors’ appeals in the case of former Naftogaz CEO Andriy Kobolyev (on charges of paying illegal multimillion-dollar bonuses), which allowed the suspect to avoid fulfilling his procedural obligations. The SAPO is deciding whether to re-impose procedural obligations on Kobolyev. This was reported by the SAPO at the request of Komersant ukrainskyi.
Due to the fact that the term of the duties imposed on the former Chairman of the Board of Naftogaz of Ukraine expired on November 12, 2024, the SAPO prosecutor filed a motion with the court on November 1, 2024, to extend them. However, the subsequent court hearings at which the court was supposed to consider the motion, namely on November 05, 2024 and November 08, 2024, were not held at the court’s initiative.
Instead, on 01.11.2024, the chairman of the panel of judges granted permission to the said defendant to travel abroad from 04.11.2024 to 25.11.2024.
On 08.11.2024 and 11.11.2024, the Specialized Anti-Corruption Prosecutor’s Office sent letters to the HACC demanding to consider the motion to extend the preventive measure before its expiration. However, an additional meeting was never scheduled.
“As a result, the obligations imposed on the accused have expired,” the SAPO noted.
They reminded that the accused was obliged to fulfill the following duties until November 12, 2024
- notify the court of any change of his place of residence;
- refrain from communicating with witnesses;
- to deposit his passport(s) for traveling abroad with the State Migration Service of Ukraine.
“As of today, the accused is only released on bail in the amount of UAH 107 million. The issue of applying to the court with a petition to re-impose procedural obligations on the accused is currently being decided,” the SAPO added.
Kobolev’s case
According to the NABU, Kobolev seized more than UAH 229 million in 2018 – his actions are qualified under Part 5 of Article 191 of the Criminal Code of Ukraine (misappropriation, embezzlement or seizure of property through abuse of office).
This article provides for punishment in the form of imprisonment for a term of 7 to 12 years with disqualification to hold certain positions or engage in certain activities for up to 3 years and confiscation of property.
The NABU detectives believe that Kobolyev, while holding the position of the head of Naftogaz, “initiated consideration by the Supervisory Board of the company of the issue of approving the payment of a bonus to him “for achieving significant goals”, and subsequently prepared amendments to the proposal for the bonus for extraordinary achievements, determining its amount at USD 10 million”.
NABU is investigating another criminal case against former Naftogaz CEO Kobolyev
NABU’s case against former Naftogaz CEO Andriy Kobolyev for illegally paying himself UAH 229 million in bonuses has now been submitted to the court and is being heard by the HACC (case No. 42018000000001782). At the same time, it turned out that the NABU currently has another criminal proceeding against Kobolyev – No. 52023000000000177. And the facts investigated by detectives within its framework are also related to the accrual and payment of multimillion-dollar bonuses to Kobolyev.
The text of the relevant HACC Ruling, in particular, states that proceedings No. 52023000000000177 were separated from case No. 42018000000001782. And this new proceeding concerns “the circumstances of payment of the second part of the bonus to Kobolyev and approval of the extension of the employment contract”.
Kobolyev allowed to leave Ukraine
The High Anti-Corruption Court did not extend the term of the obligations imposed on the former CEO of Naftogaz, Andriy Kobolyev, and granted him permission to travel abroad from November 4 to 25.
At the same time, Kobolyev’s defense has repeatedly asked the HACC to grant the suspect the right to travel abroad.
The SAPO prosecutors objected and the HACC denied such requests.
In particular, the HACCU’s previous rulings show that the judges pointed out that Kobolyev had significant funds and, accordingly, the risk of hiding him outside Ukraine.
In addition, Kobolyev also asked the HACC to return his passports in order to “develop sanctions against Russia at the global level.” But the judges also refused to do so.
The HACC is currently considering the case against Kobolyev.Restrictive measures and bail in the amount of UAH 107 million have been imposed on him.
