The court obliged prosecutor's office of the Factory area to find out circumstances of sale of Sudostroitel rest house of GAHK "ChSZ"

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The Zavodsky district court of the city of Nikolaev considered the complaint of independent labor union "Solidarity" on the resolution of prosecutor's office of the Factory district of Nikolaev on refusal in initiation of legal proceedings concerning two officials of GAHK "ChSZ" - the HR director Valery Smolyany and the chairman of trade-union committee of PPO GAHK "ChSZ" Victor Burlachenko.

The Sudostroitel rest house which ChSZ belonged earlier became a subject of consideration. In 2005, in the period of "board" at plant of brothers Churkinykh, the rest house was sold to certain JSC Budtransgaz, at the price, is many times lower than real market cost.

According to labor union "Solidarity" sale was illegal. As the chairman of labor union Vladimir Serebryany claims, it was possible to sell rest house only with the permission of the GAHK "ChSZ" labor collective. The decision such, it seems, exists - of 21.11.2002 No. 23. It was allegedly accepted GAHK "ChSZ" trade-union committee on the basis of solutions of conferences and meetings of labor staff of the holding company which agreed to sale TO "Shipbuilder". On documents there are signatures Pitch and Burlachenko. The leader of labor union "Solidarity" V. Serebryany repeatedly tried to receive copies of these documents, however under different pretexts to it refused.

From the decision of trade-union committee of GAHK "ChSZ" of 21.11.2002 No. 23 it is visible that concerning sale of separate objects of the social sphere of GAHK "ChSZ" the director of JSC Chernomorsotssfera V. Kravchenko was heard. I entered the list of considered objects and TO "Shipbuilder".

At the same time, when carrying out check by prosecutor's office of the Factory district of Nikolaev it is established that Kravchenko didn't take part in sale TO "Shipbuilder", wasn't present at meeting of trade-union committee of GAHK "ChSZ" on November 21, 2002 and he doesn't know about this meeting.Also he doesn't know about conferences and meetings of the GAHK "ChSZ" labor collectives at which the issue of consent to the management of the holding company on rest house sale was resolved.

In May, 2008 the Zavodsky district court of the city of Nikolaev obliged the chairman of trade-union committee of GAHK "ChSZ" V. Burlachenko to provide to labor union "Solidarity" originals of the decision of trade-union committee of GAHK "ChSZ" and all protocols of conferences and meetings of labor staff of plant on which the issue of providing permission to Sudostroitel Rest house sale was resolved. However, despite of a judgment, documents the labor union isn't given out. The public executive service repeatedly imposed penalties on V. Burlachenko, in connection with judgment non-performance.

Vladimir Serebryany requested in Prosecutor's office of the Factory area initiation of legal proceedings concerning Pitch and Burlachenko. However the prosecutor's office refused initiation of legal proceedings.

On April 7 the chairman of labor union "Solidarity" V. Serebryany appealed against the resolution of prosecutor's office on refusal in initiation of legal proceedings in Factory district court of the city of Nikolaev. In the complaint it is spoken: "... when carrying out check by prosecutor's office articles 4, 98 Criminal Procedure Code of Ukraine, as Smolyany V. N. I Burlachenko V. I. weren't executed. according to article 87 of the Law of Ukraine "About executive production" were twice brought to administrative responsibility then deliberately continued not to execute the specified lawsuit. Therefore the prosecutor's office was obliged to bring criminal case... ".

Court session on this matter took place on July 2. The judge of Factory district court Larisa Ageeva, having considered case papers, I submitted the resolution on cancellation of refusal of prosecutor's office in initiation of legal proceedings and about the direction of materials for additional check in prosecutor's office of the Factory area. It is necessary to hope that the prosecutor's office will approach to repeated check more attentively and sale for the ridiculous price of rest house on the Crimean coast doesn't remain unpunished.

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