On the report of the Provisional Investigatory Commission of the Verkhovna Rada of Ukraine to probe for [...]
Verkhovna Rada of Ukraine; Resolution from 20.03.2012 4543-VI

On the report of the Provisional Investigatory Commission of the Verkhovna Rada of Ukraine to probe for signs of treason in the field of economic security of Ukraine the circumstances of the signing of gas agreements between "Naftogaz of Ukraine" and "Gazprom" (Abstract text from 20.03.2012)


RESOLUTION OF THE VERKHOVNA RADA OF UKRAINE

On the report of the Provisional Investigatory Commission of the Verkhovna Rada of Ukraine to probe for signs of treason in the field of economic security of Ukraine the circumstances of the signing of gas agreements between "Naftogaz of Ukraine" and "Gazprom"

Having heard the report of the Provisional Investigatory Commission of the Verkhovna Rada of Ukraine to probe for signs of treason in the field of economic security of Ukraine the circumstances of the signing of gas agreements between "Naftogaz of Ukraine" and "Gazprom", the Verkhovna Rada of Ukraine resolves on the following:
1. To take note of the report of the Provisional Investigatory Commission of the Verkhovna Rada of Ukraine to probe the circumstances of the signing of gas agreements between "Naftogaz of Ukraine" and "Gazprom" for signs of treason in the field of economic security of Ukraine (hereinafter the Provisional Investigatory Commission).
2. The Verkhovna Rada of Ukraine notes that on 17-19 January 2009, in the course of negotiating and signing the Guidelines for concluding gas contracts between "Naftogaz of Ukraine" and "Gazprom", the Prime Minister of Ukraine:
2.1. concealed from the society and public authorities the existence of the debt of her private companies to the Ministry of Defense of the Russian Federation in the amount of USD 405,311,181 and the existence of a criminal case in Russia proving the guilt of Y.V.Tymoshenko in multiple cases of bribing officials of the Ministry of Defense of the Russian Federation. Indeed, these circumstances clearly indicate a conflict of interests that significantly influenced the Prime Minister of Ukraine to take a decision in favor of a foreign state;
2.2. at her own discretion, consented to discriminatory conditions of gas contracts that violate the Memorandum of Understanding between the Government of the Russian Federation and the Government of Ukraine on cooperation in gas sphere of October 2, 2008;
2.3. having known that the Cabinet of Ministers of Ukraine refused to adopt the Directive on signing gas contracts on discriminatory conditions, signed the Directive at her own discretion, even though the Cabinet of Ministers of Ukraine, as a collective executive authority, is exclusively entrusted with such powers;
2.4. put illegal pressure on her subordinate Head of the "Naftogaz of Ukraine" who had refused to sign the gas contracts on discriminatory conditions, and forced him to sign such contracts under threat of dismissal;
3. The Prime Minister of Ukraine Y.V.Tymoshenko violated the Constitution of Ukraine and fundamental democratic principles of the work of the Cabinet of Ministers of Ukraine, namely the rule of law, legality, collegiality, openness and transparency, as they are enshrined in Article 3 of the Law of Ukraine "On the Cabinet of Ministers of Ukraine".
4. Elements of criminal offenses, personal dependence and interest that go beyond the abuse of power and official authority, in which Y.V.Tymoshenko was found guilty by the court of law, are present in the actions of Prime Minister of Ukraine Y.V.Tymoshenko. Elements of high treason are also present in Tymoshenkos actions. These circumstances should be investigated by law enforcement agencies since the Provisional Investigatory Commission exhausted all means available to establish objective circumstances of the signing of gas contracts.
5. The Verkhovna Rada of Ukraine demands that all officials act in accordance with the Constitution and laws of Ukraine. The Constitution of Ukraine allows officials to act solely within norms, powers and manner, envisaged by the Constitution and laws of Ukraine (Article 19 of the Constitution of Ukraine). Democracy is a procedure.
6. In order to prevent violation of the Constitution of Ukraine and democratic principles of the work of government and senior officials, the Verkhovna Rada of Ukraine recommends the President of Ukraine, the Cabinet of Ministers of Ukraine, the Prosecutor General of Ukraine, and the Security Service of Ukraine to strengthen control over the legality of actions conducted by officials and authorities.
The Verkhovna Rada of Ukraine believes there should be no exception to the rule that any officials action should be based on the democratic principles of legality, the rule of law, transparency and openness.
7. The report of the Provisional Investigatory Commission shall be forwarded to the President of Ukraine, the Cabinet of Ministers of Ukraine, the Prosecutor General of Ukraine, and the Security Service of Ukraine for appropriate reaction.
8. The report of the Provisional Investigatory Commission shall be forwarded to the Parliamentary Assembly of the Council of Europe, Council of the European Union, European Commission, European Parliament, heads of state, government and parliament of the European Union member-countries, the Russian Federation, the United States, Canada, NATO Parliamentary Assembly, UN Secretary General, and OSCE Secretary General.
9. The report of the Provisional Investigatory Commission shall be published in the newspaper "The Voice of Ukraine".
10. The Provisional Investigatory Commission shall convey the results of its work to diplomatic representatives of foreign states in Ukraine.
11. This Resolution shall take effect from the date of its adoption.

Chairman of the Verkhovna Rada
of Ukraine
V.LYTVYN

Kyiv
March 20, 2012
4543-VI


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