The High Anti-Corruption Court (VAKS) overlooked the prosecutors' appeal regarding the case of former Naftogaz CEO Andriy Kobolev (accused of disbursing illegal multimillion bonuses), which allowed the suspect to evade previously imposed procedural obligations. The Specialized Anti-Corruption Prosecutor's Office (SAP) is considering the issue of re-imposing procedural obligations on Kobolev. This information was provided to the publication Ukrainskyi Kommersant by SAP.
As the term of the obligations imposed on the former chairman of the board of Naftogaz of Ukraine was set to expire on November 12, 2024, the SAP prosecutor filed a motion with the court on November 1, 2024, to extend these obligations. However, the subsequent court hearings, scheduled for November 5, 2024, and November 8, 2024, did not take place at the court's initiative.
Instead, on November 1, 2024, the presiding judge granted the accused permission to travel abroad from November 4, 2024, to November 25, 2024.
The Specialized Anti-Corruption Prosecutor's Office sent letters to VAKS on November 8, 2024, and November 11, 2024, demanding the consideration of a motion to extend the precautionary measure until the end of its term. However, no additional hearing was scheduled.
"As a result, the term of the obligations imposed on the accused has expired," SAP noted.
They reminded that until November 12, 2024, the following obligations were imposed on the accused:
- to inform the court of any change in residence;
- to refrain from contacting witnesses;
- to surrender their passport(s) to the State Migration Service of Ukraine for safekeeping for traveling abroad.
"Currently, the accused has only a precautionary measure in the form of a bail of 107 million UAH. The issue of filing a motion with the court for the re-imposition of procedural obligations on the accused is currently being considered," SAP added.
Kobolev's Case
According to NABU, Kobolev unlawfully acquired more than 229 million UAH in 2018 - his actions are classified under part 5 of Article 191 of the Criminal Code of Ukraine (embezzlement, misappropriation of property, or acquisition of property through abuse of power).
This article provides for punishment in the form of imprisonment for a term of 7 to 12 years, 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 while serving as the head of Naftogaz, Kobolev "initiated the consideration of the issue of approving a bonus for himself 'for achieving significant goals' by the company's Supervisory Board, and subsequently prepared amendments to the proposal for a bonus for extraordinary achievements, determining its amount to be 10 million US dollars."
NABU Investigates Another Criminal Case Against Ex-Naftogaz Head Kobolev
The NABU case accusing former Naftogaz head Andriy Kobolev of illegally awarding himself 229 million UAH in bonuses is currently in court and is being heard in VAKS (case No. 42018000000001782). At the same time, it has been revealed that NABU is conducting another criminal proceeding against Kobolev - No. 52023000000000177. The facts being investigated by detectives in this case are also related to the accrual and payment of multimillion bonuses to Kobolev.
The relevant decision by VAKS notes that case No. 52023000000000177 was separated from case No. 42018000000001782. This new case concerns "the circumstances of the payment of the second part of the bonus to Kobolev and the approval of the extension of the employment contract."
Kobolev Granted Permission to Leave Ukraine
The High Anti-Corruption Court did not extend the term of obligations imposed on former Naftogaz CEO Andriy Kobolev and granted him permission to travel abroad from November 4 to November 25.
Previously, Kobolev's defense had repeatedly requested VAKS to allow the suspect to travel abroad.
SAP prosecutors opposed this, and VAKS denied such motions from the lawyers.
In particular, previous VAKS decisions indicated that the judges noted Kobolev's substantial financial means, which posed a risk of his flight from Ukraine.
Moreover, Kobolev also requested VAKS to return his passports to "develop sanctions against Russia at the global level." However, the judges also denied this request.
Currently, the judicial proceedings against Kobolev continue in VAKS. He is subject to restrictive measures and a bail of 107 million UAH has been posted.