Moscow. December 10. The arbitration court of the Moscow district dismissed the cassation appeal of the Ministry on suspension of the decision of the appellate court, which ordered the Ministry to give Rosneft a certificate to receive benefits under the duty on oil of “Verkhnechonskneftegaz” (training), the correspondent of Agency of the oil information (ANI) from the court.
The court is considering two similar cases: on the suit of “Verkhnechonskneftegaz” to the Ministry and Rosnedra and under the claim “Rosneft” and “RN Holding” to the Ministry of energy.
In actions “Rosneft” and her daughter challenged the decision of the Ministry not to accept the documents necessary for the company to qualify for preferential export duty for “Verkhnechonskneftegaz”, filed retroactively. In both cases, the court found the actions of the Ministry of energy legitimate. However, the Ninth arbitration appellate court cancelled the judgment of the trial court on both claims and ordered the Ministry to confirm that training has preferential oil produced at the Verkhnechonskoye field.
Both of the appeals instance were appealed against in cassation instance.
As reported, the previous owner of the training company – TNK-BP in 2011, appealed to the energy Ministry with a request to receive exemptions of export duty for oil training, but was rejected because of inconsistencies in regulatory legal acts. Rosneft in March 2013 bought TNK-BP and became the owner of 99.94% of the training.
In January 2015, “Rosneft”, after collecting all the necessary documents, submitted to the energy Ministry an application for compliance with the benefits of oil training. NK is trying to obtain from the Ministry a certificate of benefits to this oil in order to then receive from the budget of 60 billion rubles in the form of duty drawback.
The representative “Rosneft” has declared in court that, by decision of the government, the Verkhnechonskoye field was included in the list of fields eligible for preferential duty. But in the monthly decisions of the government on the establishment of specific rates of duties Verkhnechonskoye field was not. On this basis, the Ministry formally refused to TNK-BP.
Verkhnechonskneftegaz holds the license for Verkhnechonsk oil-gas condensate field (Katangsky district of Irkutsk region). The field’s reserves as at beginning of 2012: oil C1 – 153,307 million tons, C2 – 49,829 million tons, natural gas of C1 – 15.58 billion cubic meters, C2 – 70,322 billion cubic meters.