On the eve of the new heating season, the issue of providing electricity is again becoming one of the most pressing. The enemy is preparing new attacks against the Ukrainian energy infrastructure to stop industrial production and break the morale of Ukrainians. In these conditions, the attempts of the raiders to destroy the system of supplying electricity to the production site in Kyiv, where about a hundred industrial enterprises operate, including manufacturers of defense products, look especially cynical. It is especially dangerous that some appellate court judges who make deliberately unjust decisions may be associated with the raiders.
We are talking about the territory of the Kyiv radio plant, which houses the production facilities of hundreds of legal entities. The reorganization of the enterprise took place back in 1996, when, by decision of the Ministry of Industrial Policy, its property was divided between several legal entities; over the past thirty years they have created a new industrial infrastructure on the site of the old Soviet plant. The supply of electricity to these industries throughout the relevant period has been handled by PJSC Energy Plant Energetik, which back in those days received all electrical networks, substations and other energy equipment on its balance sheet. Ownership is confirmed by government acts updated in 2004. Even during enemy attacks, the society ensured the maintenance of networks and the supply of electricity to consumers.
Every operating enterprise, unfortunately, can become the target of an attack by raiders, which the energy sector also felt. In 2016, Wardings LLC announced its rights to power equipment. This company provided documents about the alleged holding of an auction for the sale of energy equipment. The auction was allegedly held by the bankruptcy manager of the Kyiv Radio Plant. Documents were drawn up for the sale of property that had belonged to Energetik for twenty years. It is interesting that the arbitration manager himself, who signed the agreement, has been involved in a number of criminal cases in recent years. Nevertheless, Wardings re-registers someone else’s property through a “black notary” and tries to seize the equipment.
Of course, to protect their rights, energy workers go to court, and the Economic Court of Kiev in July 2021 declared the auction and raider ownership invalid. This could have been the end of the attempt to seize someone else's property if not for the surprising decisions of the appellate court. July 21, 2022 The Northern Economic Court of Appeal of Kyiv makes 17 decisions in one day in favor of the property interests of Wardings LLC. Among them is the reversal of the decision of the economic court in the case of energy equipment. By a strange coincidence, Wardings LLC is registered in a house located next to this interesting court. External enemies had already been driven away from Kyiv in July 2022, but internal enemies decided that the time had come for looting. By their decision, the judges of the Northern Economic Court of Appeal actually abolished the legal ownership of the equipment, confirmed by the relevant certificate back in 2004. No arbitration manager simply had the right to sell at auction equipment that legally belonged to another enterprise.
Energetik appeals to the Supreme Court with a cassation appeal, and the Supreme Court sends the case for a new trial, noticing obvious violations. However, the Northern Court of Appeal loves its neighbors very much and again rules in their favor. In the name of Ukraine, the raider decision is signed by judges V.V. Shapran, S.I. Buravlev and chairman V.V. Andrienko. Thus, the principle of inviolability of property rights, enshrined in Art. 41 of the Constitution of Ukraine and Art. 1 of the First Protocol of the Convention for the Protection of Human Rights and Fundamental Freedoms. The Court of Appeal in its decision decided to deprive the company of its ownership rights, although this was not even the subject of the claim.
Now the Supreme Court is considering a new complaint from Energy, and now only the highest court can restore fairness and trust in justice. Obvious violations of the norms of the Constitution, the Convention, procedural laws can and should be corrected by judges of the Supreme Court as soon as possible, taking into account the circumstances when raiders are taking measures to terminate contracts for the supply of electricity to enterprises, as well as taking into account the martial law in the state, strengthening its defense potential and accelerating victory .
The stable operation of the production site, where a variety of products are produced, including orders necessary for the security and defense sector, depends on the decision of the judges. All these enterprises, in the event of the destruction of the energy supply system, will stop their activities with corresponding social and economic consequences.
But energy workers and entrepreneurs are confident in their correctness and the force of the law, which Ukrainian judges must confirm with their decisions. Unjust decisions of judges of the Northern Economic Court of Appeal will certainly become the subject of consideration by the renewed High Council of Justice, and law enforcement officers may be interested in the strange juxtaposition of raiders and judges. Energy workers will not give up their legal property to the raiders, and if the judicial system does not decide to make legal decisions, they will be forced to defend their rights in the European Court of Human Rights and use all other legitimate methods of protection.
