The Economic Court of Kyiv fined acting Serhiy Dekhtyarenko, head of the State Geology and Subsoil Service of Ukraine, and Olga Yakovlev, head of the department, for UAH 30,280 each for non-compliance with the resolution prohibiting changes to the special permit for the extraction of granite from the Korostensky deposit in the Zhytomyr region. The decision concerned the assets of JSC "Korostensky Karier", which is under the control of the sanctioned businessman Ihor Naumets.
On October 30, 2024, the court passed a ban on any actions with permit No. 634, issued back in 1996. However, despite this, a new order of the State Geodesy was issued on November 14, which actually allowed the change of the owner of the permit. First, it was transferred to Novel Prom LLC, and then to Korosten Mining Company LLC.
The court regarded these actions as a direct violation of the resolution. In addition to fines for officials, the court asked the Cabinet of Ministers and the Office of the Prosecutor General to check these actions, which may contain signs of a criminal offense under Art. 382 of the Criminal Code ("Non-execution of a court decision").
The State Geological Survey insists that the court decision did not contain sufficient legal grounds for its implementation:
- The second point of the decree prohibiting changes to the register is considered unenforceable, because such a register does not exist in Ukraine.
- The rest of the points, in their opinion, were fulfilled, because at the time of the resolution, another company already owned the permit — Novel Prom LLC.
The State Service claims that the new agreement with the "Korosten Mining Company" was legitimate, because the NSDC sanctions in 2023 removed the special permit from restrictions.
The court came to the conclusion that the State Geological Survey should have refrained from making further changes to the special permit, since the decision concerned document No. 634, regardless of its owners.
JSC "Korostensky karier" from the UNIGRAN group belonged to Ihor Naumts, who has been under the sanctions of the National Security Council since 2023. Initially, the assets were blocked, but later the restrictions were relaxed, allowing the exploitation of the subsoil.
This case highlights serious gaps in the law regarding the identification and management of assets during sanctions.
Derzh Geonadr announced that it will appeal the court decisions. However, inspections have already begun in the Cabinet of Ministers and the Prosecutor General's Office, and officials face disciplinary or even criminal prosecution.
