KIEV, May 16 – A Kiev court Monday rejected a lawsuit from former Prime Minister Yulia Tymoshenko, who tried to challenge the investigation into her negotiation of a controversial 2009 natural gas agreement with Russia.

Tymoshenko’s defense team produced a letter from Justice Minister Oleksandr Lavrynovych, and from former deputy prosecutor general Viktor Kudriavtsev, suggesting the prime minister had the right to instruct Naftogaz to sign the gas agreement with Gazprom.

But prosecutors alleged that Tymoshenko, being the prime minister in January 2009, exceeded her authority by unilaterally instructing national energy company Naftogaz Ukrayiny to sign the agreement.

The prosecutors argued she should have secured an approval from the entire Cabinet of Ministers to allow Naftogaz sign the agreement.

The prosecutors also alleged the move had cost Ukraine up to 1.5 billion hryvnias in damages by allowing Gazprom to charge higher-than-normal prices for natural gas.

Halyna Suprun, the judge at the Pecherskiy district court in Kiev, said the court after studying the issue for several days has found the authorities had every reason to open the investigation.

“There are sufficient reasons for opening the criminal case,” Suprun said. “Tymoshenko’s lawsuit cannot be satisfied.”

Serhiy Vlasenko, a member of the Tymoshenko defense team, said he will appeal, most likely tomorrow, the court ruling.

Tymoshenko’s party, Batkivshchyna, issued a statement on Monday attacking President Viktor Yanukovych for his alleged political persecution of opposition leaders.

“Ukraine’s court system has been turned into a slave of Yanukovych,” the party said in the statement. “It has become obvious for the entire country and for the entire world community.”

The 2009 gas agreement case, opened on April 11, is the third case opened against Tymoshenko over the past five months. The first two – alleged misuse of environmental funds and purchases of allegedly overpriced ambulances - showed little progress so far.

Ukraine has been involved in painful negotiations with Russia seeking to change the 2009 gas agreement by changing a formula setting prices of natural gas.

Energy Minister Yuriy Boyko said earlier this month he expected the new gas agreement may be signed with Russia before the beginning of October. (tl/ez)