VAKS judges allowed Kobolev to travel abroad despite the position of SAP prosecutors
19 May 15:54
By its ruling of April 18, the SACS extended the procedural obligations imposed on the former head of Naftohaz Andriy Kobolev. Among them: a ban on communicating with witnesses and notifying the court about a change of residence. The ban on departure from Ukraine for Kobolev was canceled on March 11, 2025. As evidenced by the text of the Resolution of the SACS, the judges made a corresponding decision contrary to the position of prosecutors SAP, informs “Komersant Ukrainskyi” .
“The previous court ruling (of March 11, – ed.) refused to extend the term of the obligation to surrender passports to the accused to travel abroad . The corresponding duty was designed to minimize the risk of concealment of PERSON_10 (Kobolev, – ed.) from the court. At the same time, the risk of concealment is relevant and is justified by the severity of the possible punishment, the financial situation of PERSON_10, the presence of more stable social ties outside of Ukraine than in the country itself, the long residence of PERSON_10 and his wife abroad until the time of reporting suspicion to him.
At present, due to the abolition of the obligation to surrender passports for travel outside the territory of Ukraine, the accused is in no way restricted in his ability to freely leave the territory of Ukraine. His only relative in Ukraine, his wife, is not restricted in the same way.
Regarding the risk of influence on witnesses, the prosecutor noted that each of the parties to the criminal proceedings had stated a certain number of witnesses. Currently, only one witness has been questioned. Therefore, the risk of influence remains relevant until all witnesses are questioned. Asked the motion to satisfy and extend the existing duties for two months”, – stated in the ruling of the VAKS with reference to the position of prosecutors.
Now Koboleva has the right to travel outside Ukraine. The procedural duties imposed on him provide only:
1) to inform the court about the change of place of residence;
2) to refrain from communicating with PERSON_11, PERSON_12, PERSON_13, PERSON_14, PERSON_15, PERSON_16, PERSON_17, PERSON_18, PERSON_19, PERSON_20, PERSON_21;
The term of the resolution is valid until June 18, 2025 inclusive.
Kobolev case
According to the NABU version, Kobolev took possession of 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 of property or taking possession of it by abuse of office).
This article provides for a penalty of imprisonment for 7 to 12 years with deprivation of the right to hold certain positions or engage in certain activities for up to 3 years and confiscation of property.
NABU detectives believe that Kobolev, holding the position of the head of “Naftogaz ” “himself initiated the consideration of the Supervisory Board of the company to agree on the payment of a bonus for the achievement of significant goals”, and subsequently prepared amendments and additions to the submission of the bonus for extraordinary achievements, determining its size in 10 million U.S. dollars”.
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NABU is investigating another criminal case against ex-head of Naftogaz Kobolev
The case of the NABU on charges of ex-head of Naftogaz Andriy Kobolev in the illegal payment of 229 million UAH of bonuses to himself is now transferred to the court and is heard in the VAKS (proceedings № 42018000000001782). At the same time, the NABU now has another criminal proceeding against Kobolev – No. 52023000000000177. And the facts that detectives are investigating within its framework are also related to the accrual and payment of multimillion bonuses to Kobolev.
In particular, the text of the relevant Resolution of the SACS notes that the case No. 52023000000000177 has been separated from the case No. 42018000000001782. And this new proceeding concerns “the circumstances of payment of the second part of the bonus to Kobolev and agreement on the extension of the labor contract”.