Acting director of the state enterprise UkSATSE Andriy Yarmak is suing the trade union “Engineering and Technical Specialists” in order not to lose his position. In turn, the union is challenging in court the legality of Yarmak’s tenure as a critical strategic state-owned enterprise.
The Boryspil City District Court of Kyiv Region will consider the legality of Andriy Yarmak’s tenure as acting mayor. Director of UkSATSE. Thus, he is trying to challenge the claims of the “Engineering and Technical Specialists” trade union that his performance of the duties of the director of UkSATSE is contrary to the current legislation.
The essence of the claims of trade unions is that Yarmak performs the duties of director of a state enterprise without passing the competitive selection, regulated by the Cabinet of Ministers of Ukraine dated 03.09.2008 № 777 “On competitive selection of heads of economic entities of the public sector”. Moreover, the same resolution stipulates that before the announcement of the competitive selection or for the period of the competitive selection, the acting head of the enterprise may be appointed for a term not exceeding three months. And Andriy Yarmak continues to perform the duties of the director of an important strategic enterprise on a non-competitive basis for more than a year, having no grounds for it, according to the trade union. In addition, bypassing the law, his candidacy was not agreed with the State Aviation Service of Ukraine, as reported there in response to a request from MP Serhiy Bunin.
Trade unions are also concerned about the mismatch between Andriy Yarmak’s qualifications and his position. They claim that there was a violation of the Charter of UkSATSE, according to which the director of a strategic state-owned enterprise must have higher education in the relevant field, as well as experience in a managerial position for at least five years.
Therefore, in two weeks the claims of the trade unions regarding the legality of Andriy Yarmak’s tenure in office will be considered in court.
UkSATSE has finally started lawsuits with debtor airlines. Thus, since the appointment of Andriy Yarmak as the head of UkSATSE, the debt of UIA for air navigation services has doubled – to one billion dollars. In addition, a number of debts from other airlines appeared during the year. In particular, SkyAp’s debt alone is 40 million hryvnias. Only after the strategic enterprise was threatened by financial problems, its management finally switched to anti-crisis weekly payment for services.