Transneft seeks to lift the arrest from the accounts, assets and property of PJSC Novorossiysk Commercial Sea Port (NCSP), so that the company and its employees will be able to operate normally. The accounts were blocked together with settlements of other enterprises, including Vladivostok Commercial Sea Port, belonging to the "Sum" group of Ziyavudin Magomedov, who is under arrest. In the opinion of lawyers, the seizure of accounts does hinder the functioning of enterprises, and without it withdrawing is only the fulfillment of payments by a third party.
Transneft seeks to lift the arrest from NCSP's accounts (controlled by Transneft and the Suma group) arrested in connection with the case of Sumya co-owner Ziyavudin Magomedov. This June 28, said the president of Transneft, Nikolai Tokarev. "The arrest was imposed on everything: on the money accounts of the port, and on assets and property," Interfax quoted him. "But today we are facing the investigation and all departments that somehow depend on it, that it is necessary to return the port to its normal working condition and create conditions when a huge enterprise with a turnover of 140 million tons per year and 7,000 working employees should be able to properly perform its production tasks. "
Transneft through a parity joint venture with Sumy group Ziyavudin Magomedov, who was arrested on March 31 and accused of organizing a criminal community and embezzlement of budget funds, owns 50.1% of NCSP. Transneft also directly controls 10.5% of NCSP shares, and Summa - 2.75%. 20% of shares belong to the Russian Federation in the person of the Federal Property Management Agency, 5.3% - Russian Railways.
In the group "Sum" they declined to comment.
As Tokarev said, Transneft hopes that "all this will be resolved safely in the near future and will be calm and normal", adding that the lifting of the arrest is "in the process".
The court arrested the shares of 13 companies that are members of the "Summa" group in April. Last week, the Moscow City Court confirmed the arrest of accounts of the Vladivostok Commercial Sea Port (VTPP). After that, the FESCO group (which includes VCSP, de facto controlled by Summa, which owns 32.5% of the group's shares), said that it "does not see any reason to arrest accounts" of the port, which "exerts pressure on the company's business, negatively affects its reputation , can have a significant negative effect on the level of competition in the stevedore services market of the Far East. " FESCO will continue to challenge the court's decision.
Since the purpose of the arrest is to prohibit the debtor from disposing of his property, when imposing an arrest as an interim measure, the balance of interests of the parties must be observed, says Pavel Ikkert, partner of the law firm NAFCO-Consultants. "The imposition of seizure on all assets of the enterprise certainly creates serious obstacles to the implementation of its economic activities, up to the total impossibility of its further implementation," he explains. At the same time, not only the owners of such a company, but primarily its employees and counterparties ".
The managing partner of the legal company "Rustam Kurmaev and partners" Rustam Kurmaev also notes that the arrest of the accounts "really hinders the normal operation of the port".
"You can bypass (arrest accounts -" Kommersant ") by opening an independent new account, but this can be regarded as an independent crime under Art. 312 of the Criminal Code of the Russian Federation (unlawful actions with regard to property subject to inventory or arrest. "" Kommersant ")," he says. "In fact, now the only legal option for circumvention is making payments by a third person." According to Paul Ikert, in practice there are cases when some companies after the seizure of bank accounts continue to make settlements through other "friendly" companies. "However, this is not always possible technically, and it can also contain a number of legal risks," he notes.
Nikolai Tokarev also said that Transneft continues to be interested in the buyout of Summa's stake in NCSP. This deal was announced at the beginning of the year and was approved by the FAS in February (see "Kommersant" on February 26), however, after the arrest of Mr. Magomedov, Transneft distanced itself from the negotiations, although it announced the preservation of interest in this package (see "Kommersant" from 4 April). "We are still interested in the deal, but as you understand, not everything depends on us in this situation," Mr. Tokarev said. "But we still have an interest in completing the deal."