Investigators of Security service of Ukraine make a claim to the scheme of a customs clearance of disputable 11 billion cubic meter of gas in favor of NAK Naftogaz Ukrainy.
I declared it to the Kommersant-Ukraina newspaper the source close to "Naftogaz of Ukraine" into which office on Wednesday the staff of SBU rushed.
The interlocutor of the newspaper says that the SBU has three claims to the scheme.
"Naftogaz", having the right of the requirement of a debt in $1,7 billion, allegedly I had no right to sell 11 billion cubic meter of gas to "Gazprom".
Besides, NAK as the resident of Ukraine, had no right of possession of this volume of gas in a mode of transit and before selling it to "Gazprom", had to obtain customs clearance and pay it 20% of the VAT, and then - 35% of export duty.
At the same time, the People's Deputy from BYuT Andrey Portnov participating in preparation of this scheme, considers it completely lawful.
"According to the Economic code, since that moment as NAK acquired the right of the requirement, it already became the owner of this gas and therefore had the full right to sell it to "Gazprom". No violation of the law here existed", - Portnov declared.
However, the lawyers interrogated by the edition don't agree with it.
"In the contract it is accurately stated that the right of the requirement of a debt, but not a debt is transferred only. Any court will challenge such decision on sale of this gas", - the lawyer of the Cooper and Cooper company Aleksandra Nikitina speaks.
She also claims that from - for failures to pay the VAT and export duty employees of NAK can be accused according to Art. 201 of UK ("smuggling").
It is known that on January 20 NAK signed the debt contract of assignment with JSC Gazprom. According to it, "Naftogaz" paid "Gazprom" of $1,7 billion (earlier paid by "Gazprom" on account of an advance payment for gas transit), and that transferred the right to request this sum or gas of 11 billion cubic meter from the Swiss company RosUkrEnergo.
At the end of January "Naftogaz" appealed in State customs to obtain customs clearance for gas on the basis of the debt contract of assignment. However the head of State customs of that time Valery Khoroshkovsky refused to make it, having referred to illegality of procedure.
Then NAK signed with "Gazprom" the new contract and in the middle of February, based on the contract of assignment, sold it disputable 11 billion cubic meter of RosUkrEnergo gas for the same $1,7 billion. And "Gazprom" sold these volumes back to "Naftogaz".
The last contract of purchase and sale also became the basis for a gas customs clearance in favor of "Naftogaz" Power regional customs.
As it is known representatives of SBU on Wednesday rushed into NAK Naftogaz Ukrainy office - allegedly for seizure of documents within investigation of criminal case upon mastering officials of "Naftogaz" on preliminary arrangement of a group of persons of 6,3 billion cubic meter of transit gas for the sum of 7,5 billion UAH, excited on February 2.