Yevhen Dykhne of the Ukrainian Aviation Authority (MAU) attracted the attention of the Security Service of Ukraine (SBU).
The Security Service of Ukraine (SBU) and the Main Investigative Department of the National Police are investigating the attempted illegal dismissal of Yevhen Dykhne, president of Ukraine International Airlines PJSC. This was reported by the editorial staff. 368 media I learned about this through criminal proceedings under Part 2 of Article 15, Part 2 of Article 206-2, Part 1 of Article 366 of the Criminal Code.
The story began back in November. The general meeting of shareholders of Ukraine International Airlines decided to dismiss the company's president, Yevhen Dykhne, from his position, but he appealed the decision in court. Dykhne learned of the meeting and his dismissal by chance: on November 11, when he submitted documents to a notary to register changes to UIA's economic activities. The notary reported that several individuals had attempted to register documents and changes to the legal entity's information on the same date. The company's head cited non-compliance with the terms of a contract signed in 2020 as the basis for his claim. The court partially upheld one of Dykhne's claims and stayed the decision of the general meeting of shareholders to terminate the powers of the company's president. The court also prohibited the registration of a change of UIA president, regardless of the grounds and without reference to the minutes.
Despite this, shareholders again attempted to fire him. In September, news broke that Dykhne's contract had been terminated. Kirill Zvonarev, former CFO of Boryspil Airport, became the new president of UIA. Forbes reported that one of the main reasons for the leadership change was a corporate conflict among UIA shareholders that emerged in December 2021. At the time, Aaron Mayberg, head of UIA's supervisory board, spoke about the failed attempts to fire Dykhne, which had been ongoing for over a year at that point.
Mayberg noted that Dykhne had failed to optimize the airline's operations, which had been teetering on the brink of survival in recent years. Dykhne claimed he had become a hostage to a conflict between shareholders. They, he claimed, were unable to agree on financing the company, which had lost most of its revenue due to the pandemic and COVID-19. Mayberg attempted several more times to fire Dykhne, who refused to resign, and the court intervened. On November 11, 2021, Mayberg organized an extraordinary general meeting of UIA shareholders, at which he once again attempted to remove the president. This attempt to dismiss the president was blocked by the Kyiv Commercial Court.
The investigation established that the general meeting of PJSC Ukraine International Airlines on November 11, 2021, terminated the president's powers. The Kyiv Commercial Court's ruling in case No. 910/19029/21 prohibited registration actions against the head of UIA until the merits of the dispute were resolved. Subsequently, contrary to the court's ruling, the general meeting of shareholders on August 18, 2022, terminated Dykhne's powers by absentee voting (by poll). This general meeting also decided to elect Kyrylo Zvonarev.
Dykhne was not notified of the contract termination within the prescribed timeframe. This means the contract is subject to automatic renewal until 2025.
The pre-trial investigation also established that the change of the head of PJSC "Ukraine International Airlines" may currently lead to unjustified negative consequences for the critical infrastructure enterprise and the state as a whole, namely, the impossibility or significant complication of fulfilling mobilization tasks (orders) from the State Defense Company "Ukroboronprom", the State Defense Company "Ukrspetsexport", the impossibility of fulfilling international contracts and agreements, the impossibility of making settlements with counterparties, which is unacceptable and jeopardizes all the positive achievements of the state in the international arena.
The investigation, through the court, prohibited the state registration of a change in the legal entity's director and changes to the director's information, and suspended the decision of the general meeting of shareholders dated August 18, 2022, which terminated the president's powers, as well as the order dated September 16, 2022, No. 922/p, regarding his dismissal. Furthermore, the company, its officers, directors, proxies, and any other persons are prohibited from taking any actions aimed at dismissing (terminating an employment contract, terminating employment relations) or removing (temporarily suspending, removing) the president.
Skelet.Org
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