10.07.2003 07:49
LACK OF FINANCING HAMPERS LEGAL BACKING OF ARRESTED AN-124 RETURN SPF LEGAL OFFICE

Backing Ukraine's stand on return of An-124-100 arrested in Canada on the ruling of Stockholm Arbitrage is hampered by the lack of fund for legal service and no clear consistency between the State Property Fund and Antonov Design Bureau, the owner of the plane. Head of the SPF's legal office Andriy Podhayny disclosed this to Defense Express July 9. In his words, one expert's visit to that country costs $5,000, while there is no budget financing provided for these purposes. In Ukraine the interests of Antonov Design Bureau are protected by Ilyashev and Partners law firm. It is not yet clear who will protect its interests in Canada, Podhayny said. In his words, foreign advocates are eager to protect Ukraine's interests in this case since they see chances to prove groundlessness of this appeal. Particularly, thanks to them the SPF managed to file a lawsuit against the ruling of Stockholm Arbitrage. However, since the ruling came into effect, TMR Energy Ltd. managed to have it recognized in Canada, Belgium and France, and is now striving for its recognition in the U.S., he said. On the basis of the resolution of Canada's Federal Court on recognition an execution of the ruling of Stockholm Arbitrage the property of Ukraine at the territory of Canada may be arrested. At the same time, he noted, TMR Energy Ltd. had earlier filed an appeal against the state, however later recalled it and instead filed it against the SPF, which does not own any state property but only represents the state interests.

He stressed, the main task now is to prove the SPF does not own Antonov Design Bureau. It is also important not to allow for the Swedish ruling to spread to other countries.