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In many cases, the end of the year gives you time to step back and take stock of the last 12 months. This is when many of us take a hard look at what worked and what did not, complete performance reviews, and formulate plans for the coming year. For me, it is all of those things plus a time when I u...
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Leading International Law Firm Skadden, Arps, Slate, Meagher & Flom LLP did not Find Evidence of Political Motivation in Judgement of Tymoshenko

KIEV, Ukraine, December 13, 2012 /PRNewswire/ --

The Ministry of Justice has received the independent report of the law firm Skadden, Arps, Slate, Meagher & Flom LLP, following its investigation of the Yulia Tymoshenko prosecution for exceeding her official powers at the conclusion of contracts between Russian Gazprom and Naftogaz Ukraine.

In accordance with the signed agreement, Skadden Arps has delivered an independent report that clearly documents the events that were the subject of the trial and the trial itself.  Through detailed analysis and a focus on the evidence, the report addresses critics, who have challenged the legal process and also the conviction, based on Yulia Tymoshenko's claims that the prosecution was politically motivated and that her human rights have been abused. For this reason, the Ministry of Justice asked the leading international law firm to investigate the matter, taking into account all legal documents and opinions of all parties.

This report, published today on the Ministry's website without amendment, concludes as groundless Yulia Tymoshenko's claims that her prosecution was politically motivated and states that she has provided no factual evidence that would be sufficient to overturn her conviction under European or American standards.

The report also points out that Yulia Tymoshenko's conduct in court would have been unacceptable in other countries and would likely have resulted in a contempt of court finding.  

The Skadden Arps report shows how Yulia Tymoshenko overstepped her authority and committed this crime:

  1. by drafting Directives that set forth the terms that she and Prime Minister of the Russian Federation had agreed to;
  2. by ordering the head of NAK Naftogaz Ukraine to sign an agreement with Gazprom in the absence of approval from the Cabinet of Ministers;
  3. by threatening to fire the head of NAK Naftogaz Ukraine if he did not sign the agreement;
  4. and by deceiving the head of NAK Naftogaz Ukraine into believing that the Cabinet of Ministers had approved the agreement after producing an official looking document bearing her signature and the seal of Ukraine's Cabinet of Ministers, despite the fact no such approval had been given for the document named "Directives".

Even where the Skadden Arps Report questions certain procedural decisions by the court, it concludes that these decisions were based on actions by Tymoshenko designed to disrupt the court's work.

The court concluded that Yulia Tymoshenko's actions caused grave damage to Ukraine, since citizens of Ukraine continue to pay the highest prices in Europe for their gas due to Tymoshenko's deal with Russia. In this sense, every citizen of this country is a victim of this crime.

The Ministry of Justice is grateful to Skadden Arps for this professional analysis that unconditionally lays out the facts of this matter.

The Skadden Arps Report can be downloaded from the Ministry of Justice website at this address:

http://www.minjust.gov.ua/42565

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