The court overturned the government's decision to recognize DTEK as the winner of the competition for Zinkivs
The Kyiv District Administrative Court upheld the claim of Ukrnaftoburinya, owned by Igor Kolomoisky and Vitaliy Khomutynnik, and canceled the Cabinet of Ministers of Ukraine order, according to which the winner of the tender for the Zinckivska field Production Sharing Agreement (PSA) t became Oil & Gas Overseas Trading B.V and Oil and Gas Exploitation LLC with Rinat Akhmetov as baneficiary. This was stated in decision of the Kiev District Administrative Court from 3 October, 2019, which was published in the Unified State Court Register.
«To declare unlawful and to cancel paragraph 3 of the CMU Order of 05.07.2019 № 507-р« On determining the winners of competitions for the conclusion of PSA on hydrocarbons », namely on the recognizing the Oil & Gas Overseas Trading B.V. and Oil and Gas Exploitation LLC as winners of the tender for the conclusion of PSA on hydrocarbons to be produced in the Zinckivska oil&gas field, ” as cited in the court’s tuling.
The plaintiff, the PrJSC Manufacturing Company Ukrnaftoburinnya, referred to the fact that DTEK’s bidding companies did not have due qualification, and the bid proposal submitted should have indicated the technical and financial capabilities of the applicant but not the ones of its founding company.
With its decision the court also obliged the Interdepartmental Committee for the organization of the conclusion and execution of the PSA to reconsider the applications of the participants of the competition on the Zinckivska field, and the government to pass a new decision in accordance with the Commission’s new determination.
As reported by ExPro earlier, on 12 July 2019, the Cabinet of Ministers published their Decision determining the winners of the competition for the conclusion of the PSA, according to which Oil & Gas Overseas Trading B.V. and Oil and Gas Exploitation LLC were recognized the winners of the Zinckivska field PSA bid.
Additionally, this very Decision determined winners of PSA bids for other oil&gas fields, in particular, the PrJSC Manufacturing Company Ukrnaftoburinnya became the winner of the Rusanovskaya oil&gas fields of 766.6 sq km located in Sumy and Poltava regions. . In late July, Ukrnaftoburinnya appealed to the District Administrative Court of the capital and challenged the results of the PSA competition on the Zinkivka oil&gas fields.