The state represented by the Federal Agency for Railway Transport (Roszheldor) risks losing about 10 billion rubles for the ambitious project to build a railway line Kyzyl (Tuva) - Kuragino (Krasnoyarsk region). In 2011, for the construction of the road we took firm "Stroynovatsiya", which is part of a group of "Sum" companies controlled by businessman Ziyavudin and Magomed Magomedov. During gosaudita it revealed that the work was in full swing at the site only on paper, so the state has refused the services of this company. The owners of "Stroynovatsiya" decided to capitalize on this situation: on the basis of questionable expertise that construction was supposedly the beginning, and the company incurred costs in court proceedings already won by 15 billion rubles. Recent decisions in favor of Magomedovs group were made in October.
Legal battles more reminiscent of elements of a well-prepared economic transactions initiated by OOO "Stroynovatsiya", part of the business empire Ziyavudin and Magomed Magomedov. Claims related to the company's project to build a railwayozhnoy branch Kyzyl-Kuragino. In 2011, the company won Roszheldor competition to design and build a 147-kilometer stretch of road (the total cost of design and construction of 44 billion rubles). The second portion of this branch in the 255 km to Elegest coal deposit in Tuva had planned to finance the Yenisei Industrial Company (EPC), which has a license to develop mineral resources there. The contract with the company "Stroynovatsiya" concluded Roszheldor and its subsidiary company - FSUE "One group of customers."
Under the performance of a contract "Stroynovatsiya" received from Roszheldor deposit - more than 5 billion rubles - and a bank guarantee for another 14.2 billion at Alfa Bank.
In 2012, the First Deputy Prime Minister Igor Shuvalov instructed the Ministry of Transport and other regulatory authorities to check how the constructionof the road. After gosaudita revealed that "Stroynovatsiya", received 5 billion from the government, has not complied with its obligations. At a meeting with Shuvalov noted failure "Stroynovatsiya" schedule production work.
Latestof the government commission on investment projects of national importance, I decided to delete draft "Kyzyl-Kuragino" from the list of investment projects implemented with the support of the Investment Fund of Russia.
In 2013, government funding, "Kyzyl-Kuragino" project was stopped, as notified Roszheldor "Stroynovatsiya" and legally demanded to return back the advance of 5 billion rubles. The company refused to sign the claim for refund. The negotiations with the builders were almost a year, but each time they meet failure. In late 2013 Roszheldor addressed to the guarantor - Alfa Bank. Since Roszheldor demands were justified and legitimate, and the state budget could suffer losses, the bank immediately paid 5 billion rubles.
Alfa-Bank, in turn, demanded that "Stroynovatsiya" offset these 5 billion. The builders agreed, took the bank loan, and then returned the money. Subsequently, they repay the loan at Alfa Bank, by taking a new loan - in the Bank of Moscow.
Parallel "Stroynovatsiya" I filed a lawsuit to Roszheldor 5 billion rubles alleged illicit enrichment. Another 6.1 billion rubles (3.9 billion - the alleged costs incurred for the construction, 2.1 billion - loss of profits) builders demanded that the Federal State Unitary Enterprise "Unified Customer Group", as well as 5 billion from its contractor - OOO "Cardo Story ". The court was presented with the conclusion, according to experts, fabricated examination that "Stroynovatsiya" allegedly already started construction of a branch, therefore suffered substantial losses.
Despite the fact that the construction of the railway line began only on paper, the court accepted expert opinion and took the side of "Stroynovatsiya". Claims to the Federal State Unitary Enterprise "One group of customers" were partially satisfied - 3.9 billion rubles. From the claim to the LLC "Cardo Story" builders refused. In October, a lawsuit against the Roszheldor 5 billion rubles from "Stroynovatsiya" was filmed.
"Stroynovatsiya" has not yet received 4 billion rubles from the federal state unitary enterprise, because in July 2015 there was introduced a procedure of observation, and its requirements have been included only in a third of all creditors.
In the spring of 2015ode "Stroynovatsiya" decided to knock out at Alfa Bank, more than 6 billion rubles. The calculation was as follows: 5 billion rubles, which were reimbursed by the bank guarantee, plus interest, plus another 400 million rubles allegedly suffered losses due to lending in the Bank of Moscow.
October 2, 2015 the builders managed to win in court and the claim is thus already received a positive decision on the two cases for a total amount of 10 billion rubles. Arbitration Court granted the petition "Stroynovatsiya" Alfa Bank, despite the fact that the case has already figured all previous court decisions on claims the company - including Roszheldor and FSUE "One group of customers." Alfa Bank did not agree with this decision and appealed it to a higher court.
Sam trial accompanied by scandals. Initially, the case was allocated to the 11 judicial structure of the Moscow Arbitration Court, whose jurisdiction does not include consideration of such cases. Only after treatment at Alfa Bank, the chairman of the AU 15, the case was transferred to judicial composition AC Moscow. The first meeting led Judge Arkhipov, but shortly after the case was transferred to another judge - KomApoB. The official reason - Arkhipova disease. However, this did not prevent the last to go to work and conduct other processes.
Judge Komarova took three meetings to decide in favor of "Stroynovatsiya" on the basis of expertise provided by the company.
Now there was an unpleasant situation that threatens billions of dollars of losses budget: Court actually acknowledged that Roszheldor was not supposed to receive 5 billion rubles for a bank guarantee from Alfa Bank. If the bank is now pay "Stroynovatsiya" 6 billion rubles, the money will be reclaimed as a recourse at Roszheldor.
Representatives of the "Amount" is considered the requirements of "Stroynovatsiya" legitimate.
- The company has withdrawn a lawsuit against Roszheldor 5 billion and plans to recover their financial losses incurred on the project "Kyzyl-Kuragino", primarily with Alfa Bank, which managed the situation even earn a percentage. "Stroynovatsiya" received in 2011 under a contract for construction of the road Kyzyl-Kuragino advance 5.04 billion rubles in techof the year he led the project, from which the customer has decided not to give up on the contractor's fault, but the fault of the developer - Elegest coalfield to which the road was built. The company - the developer deposits on the verge of bankruptcy and has not had time to start mining coal in the period. As a result of the customer in the face of controlled Roszheldor FSUE "Unified Customer Group" decided to terminate the contract. Ltd. "Stroynovatsiya" agreed on the termination, subject to payment of work performed under the contract, but Roszheldor refused, terminated the contract unilaterally and presented in the "Alfa-Bank" requirement to pay cash for a bank guarantee to 5.048 billion rubles, which the bank and copied account "Stroynovatsiya" LLC. Meanwhile, the reason for this was not, as confirmed by the arbitral tribunal in three instances - said the "sum" of the press-service. - As a result of the subsequent trial, the court ruled that the recovery from the Federal State Unitary Enterprise "Unified Customer Group" in favor of "Stroynovatsiya" losses in the amount of 3.9 billion rubless, which also pointed to the significant irregularities Roszheldor and FSUE "EGZ" to terminate the contract. The volume of work performed in the amount of 3.9 billion rubles confirmed independent examination carried out as part of the trial. However, by the time the Ministry of Transport and Roszheldor, in fact, left the Federal State Unitary Enterprise "EGZ" without any tools: the company was in the verge of bankruptcy. According to preliminary estimates, we can talk about the excitation of mole- conscious businesses into bankruptcy.
As noted in the press-service, even in such a situation "Stroynovatsiya" she withdrew the claim for unjust enrichment to Roszheldor to do an extra burden on the budget.
- Realizing that the only beneficiary of this scheme proved to be Alfa-Bank, which was able to earn in this situation (including granting a loan the very same company that it immediately was able to pay off Roszheldor), "Stroynovatsiya" filed a lawsuit against Alfa Bank for the recovery damage, formed when Alfa-Bank has written off on a guarantee from the accounts "Stroynovatsiya" 5 billion rubles. The bank acted without ANY KINDFor legal reasons, confirmed during the trial: the court recognized that the bank unjustly enriched and should return "Stroynovatsiya" said sum and interest of unjust enrichment - a total of about 6 billion rubles, - said representatives of the " sum ".
According to experts, even in the preparation of contact "Stroynovatsiya" was not going to build anything, so the actions of its management and owners have an interest in law enforcement.
- This scheme is working with a budget, when it was originally "sharpened" for potential abuse, it becomes the standard. It's like raiding the budget and administrative resources: the firm takes the project from the state, supposedly something doing there, and then begins to swing from the budget money through the courts - told "Izvestia" head of the National Anti-Corruption Committee Kirill Kabanov. - If you look closely at these companies, they usually end up in the money offshore. Such cases should be checked at gosaudit and law enforcement agencies.
Economist Nikita Creechevsky confident that ultimately the courts' decisions will be canceled, and the story will be an occasion for a thorough inspection business empire Magomedov brothers.
- Magomedov (Ziyavudin and Magomed -. "Izvestiya") today, on horseback, their interests are mainly distributed in the areas where you can get a guaranteed profit of the state, but tomorrow everything can change. This story could end badly for their business, because if before the state did not pay them much attention, you can now pay - he told "Izvestia" Chief Researcher Institute of Economics Nikita Krichevsky. - If the insane zero, the similar scheme was commonplace, because the money was then very much and no one believed. Now Magomedovs play against two negative factors: lean budget and arrogance - people submitted documents for the sum of three times more than take.
According to him, this story comes in the courts until the second or third instance in the person of the Supreme Court, where a decision on the payments from the budget, it may be canceled.
Brothers ZiyavudinMagomed Magomedov control group of "Sum" companies whose business interests range from the construction business to maritime transport and fuel and energy supply. Magomedov - relatives of notorious brothers Akhmed and Magomed Bilalova, former top managers of OJSC "Resorts of the North Caucasus." Recall that the Ministry of Internal Affairs Department of Investigation April 10, 2013 filed against Ahmed Bilalova criminal case under Part. 1, Art. 201 of the Criminal Code ( "abuse of power"). According to investigators, Ahmed Bilalov unnecessarily expended state-owned funds for their trip. KSK costs for the maintenance of the unit in 2012, 1.3 times higher than the cost of its investment activities. The auditors found other violations. After accusations of embezzlement Ahmed Bilalov fled abroad.