The legitimacy of the appointment of the Chief Executive Officer of National Joint Stock Company “Naftogaz of Ukraine” may be confirmed in court. Court judgements currently adopted were only related to injunctions that had already become irrelevant

The Supreme Court in its ruling dated 02 February 2022 in case No. 640/18576/21 set aside only the judgements of the first and appeals instances on suspension of the order against the Chairperson of the Supervisory Board Clare Spottiswoode until a hearing on the merits is finished. Since Clare Spottiswoode resigned from the Supervisory Board in September 2021, this order has long become irrelevant. Accordingly, injunctions in the form of suspension of the order have become irrelevant.

This said, under article 26 of the Law “On Prevention Of Corruption”, in cases of violation of this article, National Agency on Corruption Prevention (NACP) is to file a lawsuit on termination of an employment contract, which the NACP had done already, but the court has not yet assessed the merits of this case.

We point out that article 36 of the Labour Code of Ukraine clearly states that in this case a person is to be terminated from the position exclusively after the receipt of the respective court judgement that has become effective.

Therefore, the ruling by the Supreme Court with regard to judgements of the first and appeals instances on suspension of order against the Chairperson of the Supervisory Board Clare Spottiswoode until a hearing on the merits is finished does not mean automatic termination of the employment contract and may not cause the automatic termination of the employment contract.

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