. 360 million rubles, may lose one of the largest construction companies in Tatarstan - "Tatnefteprovodstroy". That's how much it wants to recover from a recent partner in pipeline construction for the APEC summit - which is in the final stage of bankruptcy Moscow "Surgutruboprovodstroy" which until recently headed the president's cousin Igor Putin. The first instance came to an unexpected conclusion: from the Kazan companies require money for the materials supplied by it. However, the plaintiff filed an appeal, not losing hope to return as a weighty amount of the bankruptcy estate. Experts "Business Online» noted that the gain CTPS business could face serious consequences already very "Tatnefteprovodstroy".
ACCOUNT OF THE PAST
Today Eleventh Arbitration Court of Appeal will consider the complaint in Samara LTD "Surguttruboprovodstroy" (STPS) on the decision of the Arbitration Court of the Republic of Tatarstan, the company failed to recover 367.5 million. Rubles of debt and 36.7 thous. Rubles of penalty with the Kazan JSC "Tatnefteprovodstroy". The latter - one of the major companies P, According to "Business Online» it takes 29th place in the Top 300, with a turnover of over 1 billion. Rubles.
The plaintiff (based in Moscow) claimed that even in 2010 performed for "Tatnefteprovodstroya" work at 484.5 million. Rubles. But Kazan company paid only 117 million, owed a large part of the sum -. 367 500 000 rubles.. For this reason, on December 12 last year, the contractor sent the Kazan company address directly two papers - the requirement for payment of work performed and the claim for cancellation of the contract. But, judging by the fact that the parties eventually agreed to arbitration, the required million Muscovites have never received.
construction of the century
As the "Business Online» became known to the newspaper, it is a contract for the construction of the linear part of gas pipeline Sakhalin-Khabarovsk-Vladivostok. Supervised by "Gazprom" a project to supply gas to Vladivostok and the Russian island, where the built objects of the APEC summit (held in autumn 2012. - Ed.) Called the construction of the century. He was the personal control of Vladimir Putin, while holding the position of Prime Minister. Looking ahead, we note that the gas pipeline laid inrecord time: the linear part of (the pipe itself and the main compressor station) did less than two years. In the specific conditions of the Far East for this required strong team of builders, but she had to work in constant time pressure.
Under a high-profile project was selected as the general contractor - the company "Stroygazmontazh" Arkady Rotenberg (billionaire of Forbes named "the king of the state order", is credited by his friendship with Vladimir Putin - they once engaged in a judo section). This company is still in the end of 2009 attracted subcontracting "Tatnefteprovodstroy", which in addition to traditional Tatarstan and Moscow many works in the Sakhalin region. In turn, the company Kazan delegate (perhaps due to tight deadlines) of the work "Surguttruboprovodstroy", which became a contractor has two sub prefixes.
The parties have signed an agreement October 7, 2010. As told in court, the representative "Tatnefteprovodstroya" Alexander Milyuhin his company requested "Surguttruboprovodstroy" individual contracting services amounting to St.above 1 billion. rubles. However, they are ultimately not brought to the end - abandoned object. So at the end of summer 2011. "Tatnefteprovodstroy" had to hire another contractor.
Be that as it may, the STPS had to work hard to 484.5 million rubles -. This fact does not dispute any of the parties. But under the agreement this amount includes the cost of materials used. And they, judging by available in the consignment note, STPS has gained the "Tatnefteprovodstroya". According to the same agreement, the parties could settle in two ways: one to pay another cost of materials and work performed, or to offset at which to "imploded" duty to the subcontractor for the materials and the cost of work performed subsubcontractors.
rETRIBUTION IN FULL
At the hearings in the Arbitration Court of Tatarstan serious passions were running high. This is understandable: at stake is considerable sum - almost 400 million rubles.. "Tatnefteprovodstroy" debt for a not guilty. "Yes, the obligation to pay for the work on our part have been, but the parties held on the offset 371,040,000. Rubles (ie, the second scheme & m was applieddash; author) ", -. Milyuhin said in court. As a result, the debt to the STPS "Tatnefteprovodstroem" for purchased materials he closed the final cost of the executed works.
Kazan company, according to the defendant's lawyer notified the partner of the competition by registered letter a further 25 April 2011. To confirm his words Kazan presented to the court e-mail notification that the STPS is a letter received, as well as a reconciliation statement of mutual settlements. As the representative of the defendant, it was initiated by the STPS and reflects the relationship between the parties.
Milyuhin also argued that the difference between the cost of materials (as they pulled, no less, at 371.5 million rubles.) And the total cost of the work was paid for "Tatnefteprovodstroem" full - in 2011, long before "Surgutruboprovodstroy" He became bankrupt.
However, the plaintiff stated that no notice of competition did not get! The representative of the bankruptcy trustee STPS Arsen Navasardyan noted that, under the terms of the contract, the cost of materials supplied "Tatnefteprovodstroem "had to be paid by the claimant regardless of the work carried out by him. In short, the flies separately, burgers - separately.
STPS was so sure he is right, that said, if his opponent ... falsified evidence. Under suspicion in Moscow company were two documents that play a key role - a notice of competition and Reconciliation Act.
According to the STPS, the company signed an act of Kazan after receipt of the claim - in order to then justify in the court, they say, have no debt. Not everything is clean, the plaintiff believes, and by mail, because "Tatnefteprovodstroy" did not provide inventory investment in him no notice it simply was not. There is no record of it in the registration book of correspondence STPS.
A recent partner insisted on the examination, which would check the documents mentioned in the prescription of manufacture. But Tatarstan Arbitration considered that there are no grounds for it. By the absence of the recording and at all reacted skeptically: "It does not negate the fact that the notification could be taken."
To solve their problems at the expenseRUGIH
In turn, the company also suspects Kazan opponent malice. "The position of the plaintiff, in our opinion - pure abuse of the right", - said Milyuhin at the hearing. "They waited, when will go bankrupt and completely close their roster. After that they went to court in order to break the common relations, spreading them in separate contracts. And thus solving their financial problems at the expense of another enterprise, "- he stated the point of view of it.
The representative of "Tatnefteprovodstroya" told the "Business Online", that STPS declared insolvent last year, followed by a new team of managers he has demanded from Kazan pay the entire amount of the Sakhalin contract. "We offered to pay STPS work, most of which cost our own materials. And then, to claim a refund of the cost to enter the STPS register of creditors ", - he explained. This Milyuhin noted that the plaintiff actually trying to get a loan without a return, for increasing their customer - "Tatnefteprovodsystem "- the cost of works by almost 70%.
The first instance took the side of the defendant: credit still had the place to be. In other words, debt is non-existent and the reasons for his recovery there. But STPS with the decision disagreed and filed an appeal. What conclusions have to follow the court - to predict it is hardly possible.
Whatever it was, for "Tatnefteprovodstroya" loss of close to 400 mln. Rubles, the amount is extremely inappropriate. At the end of 2012, the company has missed 2.8 billion rubles of revenue (it fell by 35% - to 5.23 billion rubles against 8.07 billion in 2011..).. As a result, 57% and net income fell (up to 110 mln. Rubles against 253 million. A year earlier).
AFTER PUTIN'S BANKRUPTCY abyss
The known persistent opponent of Kazan, once released from the Regional Ministry of Oil and Gas Construction Trust of the USSR? For example, the fact that for some time it was headed by the brother of the current president of Russia Igor Putin (their fathers - siblings).
However, to the disputed contract predpravleniya STPS Speaker's name has nothing to do.
A relative of the Russianof the President headed "Surguttruboprovodstroy" On December 6, 2010, but in February 2012, left the company. Thus, an agreement about who is now scratching their spears in the arbitration, was signed a month before his arrival, the trial is complicated bankruptcy STPS, started after him. Note that a declaration of insolvency of the company arrived in the Moscow Arbitration Court a month after Igor Putin resigned.
But, apparently, there were no signs of such a finale. As reported by the media, STPS won contracts for 3.5 bln. Rubles. Moreover, buying new companies, expanding the scope of activities. Thus, in December 2011, he became the owner of a controlling stake in the builder Yakut tracks of "SU-888", which agreed to give Yakutians contract for 1.3 billion. Rubles. Construction boards even planned to use in road construction in the ancient capital.
"Gravedigger" STPS acted Moscow ZAO "EVRAKOR" (also specializes in the construction and reconstruction of pipelines).
Interestingly, for the company, poluchavsheFirst billion-dollar contracts, was a fatal amount of debt ... 36.7 million. rubles.
But way back, apparently not: October 16 last year STPS entered into bankruptcy proceedings (manager was Oleg Parfenov, a member of NP SRO arbitration managers "Interregional Center experts and professional managers" from Moscow). At this point, the requirements included in the register of creditors were already 1.2 billion. Rubles.
RISKS BETTER POKE AHEAD
The newspaper "Business Online» asked the experts opinion about this conflict.
"With the participation in the mega-projects initially need to be spelled out all the risky situations, - the director of" Sun City "Ilyas Diveev. - In the case of the unspecified situations should be made out the relevant documents in the form of supplementary agreements, which allow the situation resolved peacefully, understood by all means. In other words, legal support should be on the level. Actions in accordance with the original paperwork and will hedge against such cases. "
According to the director "Solnation of the city ", as the treaty provided for the two versions of the relationship in the project, some of them worked," So the question is, in my opinion, to clarify the truth - on which side of it. That's all". He noted that, as in any other dispute, the question arises here documents: "If they have, and signed by both parties, then it is possible to find the truth. I think that at least one of the parties interested in it as a tremendous amount of the claim, even for a large company. "
Member of the construction market, who asked not to be named, on the contrary, believes that to this case do not apply the normal rules - because of the abundance of high-profile names: "This case is 100 percent tied to politics. I can give an accurate prediction - benefit Muscovites ". According to the companion publication, to insure against such cases it is impossible: the legislation is imperfect. In other words, the laws are working in the one or the other way. And in this situation are not determinants signed documents. If you ask to take away the money, it can be done easily.
Meanwhile, experts of "BUSINESS Online» elevechayut that winning STPS case may be for the Kazan company is very serious consequences.
"Bankruptcy STPS creates a more favorable position it is for the plaintiff," - said the managing partner of "Liberty Group" Tagir Nazyrov. - If the arbitral tribunal rules in favor of PTSS, he should obtain from the Tatarstan company "real" money. The defendant only on the inclusion in the register of the third stage of the creditors will be able to apply in this case. Given that PTSS register of creditors is already closed, "Tatnefteprovodstroya" requirements fall into the so-called "zareestrovye 'requirements. Further developments, he says, may have to bear a direct threat to "Tatnefteprovodstroya": "After receiving the court's decision on debt collection, PTSS may apply for bankruptcy Tatarstan companies."