The state ports conduct dishonest game with private terminals

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Owners of private terminals accuse the state of discrimination of their business.

The Panama vessel Levantes of the class "handimaks" came to Nikolaev in June behind party of the Ukrainian corn. On the Nibulona terminal it loaded on 21,6 thousand tons. 2,2 thousand more tons should be loaded in addition on raid (an overload from a vessel on a vessel) as differently a deposit of a vessel wouldn't allow it to leave the terminal. It would seem in what a problem, it is necessary to deepen simply pass to the terminal. But the private investor can't make it. And not because it grieves it to pay $4 million - in the cost of dredging works but because since 2003 can't receive coordination of Ministry of Transport on their carrying out is estimated so many.

Besides loading speed on raid is 20 times lower, than on the terminal. From - for it the Ukrainian enterprise will pay the owner of a foreign vessel three times big compensation for idle time on loading.

From where such difficulties

The Nibulona terminal is located in Nikolaev on the bank of Bugsko - the Dneprovsky estuary (BDLK). In response to numerous appeals of the Ministry of Transport company I addressed in prosecutor's office and SBU to bring criminal case as it allegedly illegally appropriated state property (land plots) against the director. "Legality of the decision of the City Council about allocation in using of the earth and contracts is confirmed with judgments. Today we also have the conclusions of the State Office of Public Prosecutor, SBU and Ministry of Justice from which follows that our enterprise works according to the legislation", - Alexey Vadatursky, the owner and the general director "Nibulona" tells. He says that business reached to the point of absurdity: despite positive conclusions for the company of the Prosecutor General's Office, the deputy prosecutor of area continues to initiate checks of legality of use of the land plots." The deputy prosecutor of the Nikolaev area Leonid Kaftanov interferes the third year in a row with enterprise work, bringing far-fetched claims and protests which lobby interests of the chief of local port", - Alexey Vadatursky continues.

According to the businessman, he already 6 times addressed to the prime minister - to the minister, twice - to the president. "All of them gave positive instructions", - Vadatursky speaks. But a consent of Ministry of Transport it isn't received.There are afraid that after carrying out dredging works "Nibulon" will declare property rights on the water area which can belong only to the people of Ukraine.

Meanwhile, by "Nibulon's" calculations, from - for dredging blockings the enterprise only in 2008 incurred more than $5 million additional expenses "From them $2,3 million are subject to payment to shipowners and foreign buyers as compensation of time spent at loading of a vessel (demurrage). That is these expenses of our company aren't the income of the Ukrainian public industries", - Dmitry Vazanov, the head of department of performance of contracts explains. $2,9 million more - expenses on rent of barges, fee of floating cranes and tows, port collecting to the Nikolaev sea trade port for loading on raid or on moorings of this port and other services. Besides, the company receives less the income from - for goods turnover losses. For example, in 2008 - m underloaded more than 0,5 million tons, from - for what are half-received by $3,4 million

As a result, according to in "Nibulona", the company is deprived of opportunity to reinvest these means in development, and the state treasury received less 22,4 million UAH of a profit tax.

This year the company continues to incur additional expenses on additional load of vessels and to lose part of goods turnover, and Ukraine - part of export of agricultural products. Specialists of the company estimate losses of agrarian branch at $0,5 billion

Why Ministry of Transport against

Ministry of Transport is firmly convinced that the "water" adjacent to private terminals, and moorings have to be under control Gosport. In any case so was at ex-ministers Iosif Vinskom and Nikolay Rudkovskom. "Capacities and the land plots belonging already got to structure of the water area of state enterprise "Specialized seaport "Oktyabrsk" to "Sea specialized port "Nick - Tera" and "Evrovneshtorgu", - Victor Germanchuk, the general director of the Evrovneshtorg company claims. Owners of terminals consider that actually it means capture of lands on which their property is located. "Ministry of Transport and the Nikolaev seaport hands of Cabinet of Ministers already attached part of a public ship canal to the port water area, having destroyed thereby a uniform sea way to Nikolaev", - Andrey Vasilyev, the deputy general director "Nibulon" speaks.

Now, according to representatives of private terminals, in hands of port of destiny of the state Shipbuilding plant of 61-го the Communard, river port and "Nibulon"."The port on the discretion decides - to pass a vessel to us or not", - speak in "Nibulona". According to Vasilyev, at present Ministry of Transport tries without coordination with Ministry of Justice, Goskomrybkhoz and local authorities and self-government "to stretch" the draft of one more governmental decree. It is offered to provide to state enterprise "Nikolaev Sea Trade Port" in using the channel of the water area of port Nikolaev, Spassky the channel, moorings and water areas within the land plots allocated with the city authorities to other subjects of managing. It is a question in particular of transfer under control to Nibulona terminal port." For the enterprise it means not only loss of $50 million enclosed in construction of the mooring which if will return to a company turn, years so through 20-30, need to pay to Nikolaeva port for possibility of work on the mooring, but also control loss over the business", - is told by Vasilyev. After all the terminal is constructed by the agricultural producer to reduce the price of logistics when exporting grain and olive.

Unfair competition

Also representatives of private business say that, carrying out the powers some госпорты create conditions of unfair competition. They give such example. The legislation grants to ports the right independently to establish discounts (to 50%) on port collecting, proceeding from economically caused factors. "In the water area of Youzhny port the vessels suitable to moorings which belong to port, receive a discount of 50%, the vessels going to moorings which don't belong to port, don't receive a discount, - Oleg Kutateladze, the chairman of society "Transinvestservice" is indignant. - As what then the cargo owner will want to work with the private terminal? "

One more example is given by "Nibulon". It is a question of amendments offered by Ministry of Transport to rules of swimming and pilot pilotage on the channel which limit navigation of heavy-tonnage vessels in a night-time and bad weather. Lobbyists of restrictions among whom the Nikolaev sea trade port, assure that qualification of pilots "The delta - the pilot" which carry out vessels on BDLK, not at height and amendments are urged to secure navigation. That is interesting, the state enterprise "The Delta — the Pilot" doesn't object to such formulation that causes bewilderment in "Nibulon's" guide. "From the moment of creation "The delta - the pilot" level of professionalism of pilots grew up, and accident rate decreased, - Andrey Vasilyev speaks.- And if it doubt in "The delta - the pilot", it is unclear why they didn't allocate funds for training of specialists. After all activity of one only "Nibulona" in 6 years brought "The delta - the pilot" over $38 million port collecting". Vasilyev is sure: changes are necessary to limit work of the enterprises which use the channel. "Thereby they prepare the soil for increase of competitiveness of future private port in Ochakovo", - it continues. Operators of the market say that the beneficiary (gains income from the property which is in management at other person) of new private port Vasily Kapatsina, the chief of the Nikolaev seaport is. They also assume that for means of Gosport works will be carried out to water areas in favor of private port.

"Irrespective of who the minister, the situation doesn't change. Problem in system: each head of Ministry of Transport builds a vertical in interests concrete business - structures", - Alexey Vadatursky claims. He is supported by Oleg Kutateladze: "The problem that Ministry of Transport at the same time carries out public functions of the regulator and is engaged in a hozdeyatelnost".

Businessmen are sure: hostages of present system are not only owners of private terminals, but also consignors.

$5,2 million made the financial losses of the Nibulon company caused road (from a vessel on a vessel) to - gruzky vessels at export operations with grain and olive.


The decision of the Nikolaev City Council in September, 2002 to "Nibulon" leased the land plot (about 20 hectares) for arrangement of water approaches to the grain terminal of the company. Depth of the channel makes 11,2 meter, the mooring - 12 meters, and a site between them - 9 meters.

Having the corresponding permission of the City Council, "Nibulon" performed project works, received coordination of the Nikolaev seaport, Gosflotinspektion, the State ecological and sea inspections, "Gosgidrografiya", Head department of town planning and architecture of the Nikolaev City Council, two managements of water resources on carrying out dredging. After that the enterprise addressed for coordination of Ministry of Transport which wasn't received.


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