Dnipro airport under the control of Kolomoisky
One of these days, an important court session is to take place in Dnipro, which can put an end to the long and very complicated story around the Dnepropetrovsk airport. About how in Dnipro they are trying to wrest the road to heaven from the tenacious paws of a bearded oligarch and return it to Ukraine – in the material NG.
The Dnipro airport is a sad story about how, with the complete indifference and connivance of officials, the most important object of transport infrastructure was banally stolen from all over Ukraine. The structures of the bearded oligarch set up a disastrous monopoly here, drove the Dnipro airport into stagnation and slowed down the economic development of the huge metropolis and at least three regions of the entire country for decades.
But residents of both the city and the region, and indeed the whole country, do not agree with this state of affairs. Now the city council of Dnipro, in fact in the interests of the state of Ukraine, is demanding in court from the State Aviation Service to cancel the order to appoint an airfield operator to a company that is in the orbit of oligarch Igor Kolomoisky. After a confident victory in the Dnepropetrovsk District Administrative Court, the oligarch’s firm decided to drag out the case and filed a complaint with the court of appeal. But there the citizens of the judge, for some unclear reason, are in no hurry to approve the final and fair decision in favor of the community and the whole country.
The reader will ask: there is a war, Ukraine is fighting against the enemy, how timely is it now to fight against the monopoly of Igor Kolomoisky?
We will answer: Right now! To fight for the interests of the whole country and the territorial bulk, for the open gates to heaven. So that individual characters who have been parasitizing in Ukraine for many decades (!) And who did not lift a finger to help the front after a common victory could no longer continue their dark deeds, rob national wealth and dispose of the property of the city and the country as their personal
Dneprovsky airport. How the sky was stolen from the Dnieper
In order for the reader to understand the complex and confusing history of the “Kolomoisky robbery”, we will tell the background.
The townspeople became hostages of the oligarch and lost the Dnipro airport at the end of the 2000s. It must be said that until the beginning of the 90s, the Dnepropetrovsk airport had a glorious history – flights from our city were operated to several dozen (!) Points of the former Soviet Union. In 2008, the Cabinet of Ministers under the leadership of Yulia Tymoshenko approved the Airport Development Program, according to which airfields (including in Dnepropetrovsk) were supposed to remain in state ownership.
However, in the same 2008, the National Security and Defense Council of Ukraine decided to transfer the property complex of the Dnepropetrovsk airport to the balance of a new state enterprise – Dnepropetrovsk International Airport.
Note: the Dnipro airport itself was on the balance sheet of the state company Dniproavia. This state-owned company owned the airline of the same name with a fleet of aircraft, as well as the Dnepropetrovsk airport itself (it includes a terminal and facilities), and, very importantly, an airfield: this is a runway, taxiways and other infrastructure elements.
However, already in 2009, “the concept has changed.” From the decision of the National Security and Defense Council of 2008, they removed (!) the clause on the transfer of the Dnepropetrovsk airport to the balance of a new state-owned enterprise. But they added a clause stating that it is possible to privatize the state-owned company Dniproavia (!)
In the course of a very hasty privatization, the most efficient and dexterous buyer of the state-owned company with all its assets unexpectedly (or expected?) became the Galtera company, which, according to media and investigators, is in the orbit of the oligarch. This firm bought in August 2009 94.5% of the shares of the former state-owned company Dniproavia
Important detail: “Galtera” undertook to invest serious money in the development of the Dnepropetrovsk airport – UAH 882.1 million, incl. allocate UAH 107 million for the reconstruction of the runway, transfer the runway and the radio beacon station to the ownership of the state. However, in reality, the firm of Igor Kolomoisky did nothing.
Reference
It is important to understand the differences in concepts:
- an airport is usually a building of a passenger terminal (or several terminals) and ancillary buildings
- an airfield is a runway (runway), taxiways, radio beacons and other infrastructure elements.
Another important nuance, to which we will return later, shortly after the privatization, the airfield operator is appointed – the private company LLC MA Dnepropetrovsk, again – from the orbit of Igor Valeryevich.
Dnipro Airport is of strategic importance for the whole of Ukraine
The millionth city of Dnipro is the most important industrial and business center of Ukraine, as well as the logistics hub of the country. This fact became especially evident in the most difficult wartime.
In this regard, the development of the airport in Dnipro is of great importance for logistics, domestic tourism and the economy throughout Ukraine. Both Dnipro residents and residents of the entire region, as well as Zaporozhye, Kherson, Kirovohrad, and Donetsk regions can fly from here. Potential passenger traffic from the airport in Dnipro is up to 1.6 million people per year (analytical data as of the end of 2021)
The development of the airport in Dnipro is an important opportunity and challenge for the whole of Ukraine. The fact that the monopoly of the oligarch Igor Kolomoisky still exists here is unacceptable in the current situation. Therefore, the struggle for the possibility of free development of the airport in Dnipro, which is also being conducted in the courts, is a marker of the readiness of the state and its structures to really get rid of the influence of the oligarchs on the economy and infrastructure
Kolomoisky-style monopoly: Dnipro airport fell into decay, and prices skyrocketed
What happened after privatization – all Dnipro remember very well. The oligarch, through his operating company, literally squeezed out all the respected international airlines from the airport, except for his own (the UIA, Dnepravia, Windrose brands). Which performed regular flights only to Kyiv, and then – at fabulous prices. Do you want a hundred dollars for a ticket to Kyiv?! These are the “loyal” prices for the Dnipro residents set by the firm of Mr. Kolomoisky.
At the same time, the oligarch was categorically not going to invest in the development of the airport or improve the service, but step by step he turned the “door to heaven” into his own monopoly.
Authoritative opinion
Gennadiy Korban, head of the Public Council at the mayor’s office of the Dnipro
“Igor Kolomoisky owns UIA, which operates international flights. Therefore, as the owner of UIA, it is not profitable for him to have planes of other airlines landing at the Dnipro airport. For one simple reason, that the entire passenger flow must buy a ticket from UIA, “jumping” to Kyiv. He (Kolomoisky – ed.) used the Dnipro airport as a “jump” airport»
As a result, due to the greed and monopoly position of the oligarch, it was cheaper and even easier for the residents of Dnipro to get to Zaporozhye, fly from the airport there to any country in Europe and return back than pay fabulous money for an hour flight (!) To Kyiv. Needless to say – robbery out of the blue
The question arises: where have the state and all kinds of supervisory and control bodies been looking all this time?
Well, in 2015, the State Property Fund tried to terminate the contract for the sale of the state-owned company Dniproavia to the oligarch’s company due to non-fulfillment of the terms of the contract: the Galtera company did not invest in the development of the airport, as it was obliged to. However, after long lawsuits, the FGI lost the lawsuit. No wonder they say that the oligarch has strong connections in the judicial system. And “manual judges” for a while ensured that Igor Valerievich maintained the status quo in the possession of the airport.
“Take-off” of discord
Another extremely important point for understanding the situation around the Dnipro airport. A memorable decision of the National Security and Defense Council of 2009 stated that after privatization, the investor is obliged to transfer the runway to the state (this is a key element of the airfield). However, the firm of Igor Kolomoisky, which won the privatization process, did not do this for many years.
Characteristically, the state and its bodies also showed themselves extremely helpless in the matter of returning an object of strategic importance, which rightfully belongs to the country, but for some reason ended up in the pocket of the oligarch. In previous years, various ministries (defense, infrastructure) could not figure out to which department and according to what procedure the runway of the airfield in the Dnieper should be transferred. As a result of such passivity, which borders on sabotage, the “take-off” de facto is still in the hands of the oligarch’s firm.
Expert opinion
Elena Donenko, a lawyer, represents the interests of Dnipro in the fight for the airport:
“The runway has not yet been transferred to state ownership, despite the corresponding obligation both in the NSDC Decision and directly in the investment agreement. Acts with the company “Dnepravia” on the transfer of the lane are not signed“.
How Dnipro fights in courts for Dnipro airport
In Dnipro, unlike numerous and very passive government agencies, they are determined and stubbornly striving to ensure that the airport in the regional center finally serves the interests of the inhabitants of the city, the vast industrial region and the whole country, and not only enriches the bearded oligarch.
Back in 2021, the residents of the city with incredible speed signed an electronic petition created by lawyer Elena Donenko to unblock the Dnipro airport for flights by international companies. By the way, it depends directly on the operating company, which is in the hands of Igor Kolomoisky.
It is thanks to the activity of the leaders of the community that the state, represented by President Zelensky, has finally given the modernization of the airport in Dnipro a high priority. After long delays, funding was allocated, and the project itself was included in the Great Life initiative. The creation of a new runway has started, and within the framework of a public-private partnership, Alexander Yaroslavsky’s DCH company has begun construction of a new passenger terminal.
However, despite the huge public demand for the return of the airport to Dnipro and all of Ukraine, state officials and structures have so far shied away from decisive steps to change the status quo and curb the willfulness of Igor Kolomoisky.
Moreover, in 2021, the State Aviation Service (part of the Ministry of Infrastructure) issues a private company “MA Dnepropetrovsk” (the one controlled by the oligarch) an unlimited (!) certificate of the operator of the Dnieper airfield. This means that the situation is being conserved: the structures of Igor Valeryevich still manage both the old airport and the airfield, which includes a runway and infrastructure elements.
A dangerous situation has arisen: even if the state and private investors invest a lot of money in the modernization and creation of a new runway and terminal, the structures of Igor Kolomoisky will continue to de facto manage at the Dnipro airport. This means that the oligarch will simply steal another multi-billion dollar gift from the country….
We defend the interests of the state and the territorial community in court
In order for the Dnieper to regain its gates to the sky, government agencies must first hold an open and transparent competition to select the operator of the existing airfield, numerous experts are sure.
In September 2021, the Dnipro City Council appealed to the Dnipropetrovsk District Administrative Court demanding that the State Aviation Service cancel the recognition of a private company from the oligarch’s orbit as an airport operator. The third party was MA Dnepropetrovsk.
However, the fight in court against the oligarch for the interests of Dnipro and the whole country turned out to be long and difficult. In many ways – because of the incomprehensible behavior (or even opposition) of individual judges.
For understanding, at first, lawyers representing the bulk of the Dnieper had to prove that the deadlock that developed at the airport due to the greed of the oligarch directly harms the interests of the Dnieper (!) year, during this time two panels of judges were replaced (Sidorenko D, Bozhenko N., Ozeryanskaya S., Tulyantseva I.). An important nuance: the National Anti-Corruption Bureau (NABU) entered the process as a third party
In September 2022, the judge of the Dnipropetrovsk District Administrative Court, Roman Golobutovsky, makes a decision in the interests of Dnipro.
Dneprovsky airport. Who and why confuses Themis?
However, this is not the end of our story.
The oligarch’s firm, which was a third party in the process, is filing an appeal against the decision of the administrative court. In late autumn – early winter, the case goes to the Third Administrative Court of Appeal. After a series of postponements and delays, the meeting was scheduled for early January. The complaint of a company from the orbit of Igor Kolomoisky against a fair decision of the regional administrative court should be considered by a panel of judges: the chairman is Ivanov S., judges Panchenko S., Cherednichenko V.
Incredibly, at this time, the State Aviation Service agrees (!) With the claims of the Dnipro City Council – to cancel the decision to appoint the airfield operator and hold a new open competition. Despite the fact that the recognition of claims is extremely rare in courts, the judges did not pay much attention to the application received – they were more interested in the question of the powers of the defendant’s head: if he recognized the claim, then why didn’t he cancel the certificate on his own? (such a discussion is obviously beyond the scope of the substance of the dispute).
Lawyers representing the interests of the city council note: the first court session lasted three hours, the judges devoted a significant part of the time to the question – does the operator violate the rights and legally protected interests of the inhabitants of Dnipro? Why don’t judges see the main, obvious problem, or just don’t want to see it?
Such an attitude of respected judges to an important case for the whole country raises serious questions. Recall that the legal community is convinced that Igor Kolomoisky, even deprived of citizenship and having lost influence on Ukrnafta, maintains very strong ties in judicial circles…
The strange behavior of the judges in the case is evidenced by the unique situation that developed after the meeting: three parties in the case at once – the plaintiff (city council), the defendant (State Aviation Service), as well as a third party (NABU) filed motions to challenge the current composition of judges.
The presence of a removal of a colleague of judges from three parties to the process is practically nonsense, which may indicate a possible bias of the servants of Themis, a pre-formed position of judges and a serious distrust of their actions.
At the time of writing, the panel did not satisfy all three applications for recusal, redirecting them to resolve the issue of recusal of another panel of judges. The case has been adjourned until the issue is resolved.
The next hearing in this case at the Administrative Court of Appeal is scheduled for February 2. But, judging by the already existing “hospital” judges, sudden business trips, another “creativity” from the servants of Themis is very possible.
We are waiting with great interest for developments in the case, which should be the first important step in returning the airport to Dnipro and all of Ukraine.
Boris Filatov, Mayor of Dnipro:
“Kolomoisky and his gang are not going to give up. They connect all possible levers of influence. Therefore, we will watch.
We have a powerful alliance between the City Council and the National Anti-Corruption Bureau. We defend the interests of the state and the territorial community in court. However, the guys who managed our airport for many years, collected money from people for almost nothing and practically monopolized our sky, they are not going to give up“.
Elena Donenko, lawyer, represents the interests of the Dnipro City Council in court:
“For the sake of claiming the certificate of the operator of the airport, the company of the famous oligarch was forever called, satisfied with the court of the first instance, and three times appealed. And even today I can call it right the most important from the point of view of the process exactly in my practice.
At the stage of appeals, the State Aviation Service of Ukraine, for the most part, agreed with the court of the first instance, which issued a certificate, and for the most part recognized our calls.
Following the first (following the filing) court hearing, the third person at the right (NABU) filed an application for the release of the panel of judges, immediately shaking in their deeds the lead and signs of a far-reaching position.
From the point of view of the process, the one-hour and the same thought of the parties is more familiar, but in my practice it is the same way.
With respect to the development»
