"Luganskvod's" achy OKP has legal proceedings with JSC "Luganskvodoy"?
#y5_ #y5_direct1.y5_ad div #y5_direct1.y5_ad #y5_direct1.y5_ad div a:Источник:citynews.net.ua If to collect all publications about Lugansk water concession which left lately, them will be gathered on solid volume. It would seem, there are no such questions which didn't set to officials and new owners of a water management of area. And the public it is tenacious watches each step of that and others. And the regional council emphasizes: everything becomes is transparent. However some nuances remain nevertheless out of sight - such, as OKP claim "the Luganskvoda Company to JSC Luganskvoda. Enlightenment?
News sounds rather wildly: the municipal enterprise "Luganskvoda" appealed to court with the claim to JSC Luganskvoda about recognition invalid a concession contract and results of competition. The director of OKP Alexander Chernov, we will remind, more than once I supported concession. He participated in joint a press - conferences and with the head of regional council Valery Golenko, and with the head of the deputy working group of questions of concession Vladimir Pristyuk. It is more than that, it validated ideas at one table with the director of JSC Luganskvoda Victor Maslak. Any public objection.
And here suddenly - on you!
The Economic court of the Luhansk region took out the resolution on the proceeding No. 9/152pd beginning on August 15. Judge Vorozhtsov A.G. I considered materials and I recognized them sufficient for adoption of the statement of claim. The same resolution the court obliged the respondent and "the third party who doesn't declare own requirements regarding dispute" (this person in the claim the Lugansk regional council is declared) to give a response to the statement of claim of OKP of "Luganskvod". Consideration of the case appointed in a week - to August 22.
In the claim there is a speech that:
* the order of the conclusion of the contract contradicts "To the provision on carrying out concession competitions …" (it is approved by Cabinet of Ministers 12.04.04 in the resolution at number 642);
* in the agreement there is no number of the essential conditions established for such contract by the Law of Ukraine "About concession";
* the winner of competition, JSC Luganskvoda, doesn't conform to competitive requirements;
* the contract doesn't correspond to article 203 of the Civil code of Ukraine therefore the document has to be nullified.
Rather strong message from the enterprise which head convinced us as the concessionaire is good!
Logic of absurdity
We wanted to learn the reason of enlightenment and motives of submission of the claim from the director. However mobile the director general of OKP "Luganskvoda" Alexander Chernov didn't take the call, despite our persistent calls. In a reception of the water enterprise we were told that Alexander Sergeyevich - on holiday. Sacred business - the "velvet" season. Besides - the enterprise in the course of elimination, when still holiday отгуляешь? From officials who are authorized to communicate with the press, there is actually nobody.
- But someone replaces the director? - we ask in a reception.
- Yes. Victor Nikolaevich Maslak.
- Postoyte. We ask about "Luganskvod's" OKP! Not about open company.
- Everything is right. Maslak - the chairman of the liquidating commission of OKP "Luganskvoda". For the period of Chernov's holiday it fulfills duties of the director of OKP.
After that fantastic turn in conversation we tried to meet Victor Maslak, but again unsuccessfully. In any case, in several next few days to us a meeting didn't promise: in an office of the chief water-transport worker of meeting follow one another, and it is possible to break through to it not earlier than a weekend.
Still! To head at the same time two enterprises which besides have legal proceedings among themselves, and to come off on any press! Yes haven't simply legal proceedings - after all "Luganskvod's" OKP actually accuses the namesake with limited liability of raider capture! Not boringly, has to be, it is necessary their director.
Especially as in the response to the claim of JSC Luganskvoda explained to economic court that all history of concession completely answers laws and we designate standardly - to legal acts. And also asked to refuse satisfaction of the claim and paid attention of court that requirements of the claimant - "Luganskvod's" OKP - are illegal.
Whose position is closer to Victor Maslak? Whether there is no internal conflict at Victor Nikolaevich from such collision of interests of two enterprises which he heads at the same time?
Alas, meanwhile to us it didn't manage to be found out. I refused to make comments on events also a press - service. Transparency is good!
But at this theater of absurdity there is the logic. It is more than that, actually the claim is necessary for the concessionaire.
Shot on anticipation
In what legal focus, you ask? Everything is quite simple:if the court rejects the claim of OKP of "Luganskvod", he thereby recognizes that with concession matter in an order - the main claims of fighters are listed in the statement of claim against transfer of a water management of area of JSC Luganskvoda. And subsequently it is possible to show to all the decision of Economic court: say, the court recognized all these claims far-fetched.
Shot on anticipation. Or not a shot, and a mine with a clockwork which has to work at the right time.
But business went not as it was planned. First of all - it wasn't succeeded to set up "mine" silently. The public knew of process. In day of hearing of business MPP firm appealed to court "Aydar — an Oliya plant who also demands to nullify a concession contract. The firm submitted the petition for the introduction to process as "the third party who declares own requirements". The court didn't recognize behind the enterprise of such status, however the decision in which all other facts of the case No. 9/152pd are reflected also, became property of edition of "MG".
The most important in the resolution of Economic court of the Luhansk region - that necessary to the concessionaire it didn't pass the decision.
The hitch appeared in respondents. The regional council appears in business as "the third party who doesn't declare own requirements regarding dispute" - is so specified in the claim of OKP of "Luganskvod". However according to the Economic procedural code to act in this quality, the party has to or to file a lawsuit itself the petition, or such document has to come from one of the process parties. The prosecutor can address still or the court to show an initiative. Anything it wasn't.
"As for a court initiative on this matter, the court considers the following, - is spoken in the resolution in the matter of No. 9/152pd. - (…) In disputable legal relationship which concern this contract, Lugansk regional council - the direct participant and the party of this contract, its procedural situation as third party without own requirements regarding dispute - is wrong therefore the court considers that the Lugansk regional council needed to be involved in business as second respondent".
And I put where as respondents regional councils act, on places don't consider. Them consider in Economic court of the city of Kiev.
In a subject
To exploit court sometimes it turns out at room speculators. Only they resort to services of not too scrupulous arbitration courts more often.The similar way of fraud is known long ago to law enforcement agencies and more than once was described in the press. Its essence that the apartment resold between several figureheads becomes a lawsuit subject between them. And then the arbitration court passes the decision: the pier, housing under the law belongs to one of the having legal proceedings. And all. The lawful owner throw out on the street.
The same way one rather infamous character took control of eight houses in Lugansk.
"G - to N Ovsepyan, having lost in claim vessels on the property right of houses served it by the enterprise, I acted as the respondent in court arbitration. And his native nephew Sarsis Ovsepyan became the claimant …! ! ! And "justice" triumphed. (…) A certain Armenian on January 13 this year came to a hostel in the house No. 3, in 2 - m Tsimlyansk the deadlock, showed "yes - акумэнты" that the building belongs - well to Ovsepyan, and simple Russian words: "Wons - … poison! " I suggested residents to clear the room", - "The real newspaper" wrote on May 28, 2008.
And at this time …
Today the bright history of a child ex-the chairman of regional council Victor Tikhonov comes to an end short, but. "Luganskvod's" OKP which didn't exist also three years, entered an elimination stage. With objectives - to provide the Luhansk region with drinking water - OKP didn't consult. Now all assets are transferred to the concessionaire - JSC Luganskvoda, and his employees replaced a work place: now in their service records before the enterprise name instead of OKP open company appears.
Due to the transfer of property of OKP of "Luganskvod" on balance of other enterprise there is a number of questions. Main from them - as the property which belonged to Lugansk GKP "Gorvodokanal" earlier was transferred?
We will remind, the Lugansk City Council demanded to return the property back still on December 23, 2005. After this on January 5, 2006 the regional council under the chairmanship of Tikhonov agreed to "Gorvodokanal's" return to a bulk of Lugansk. But transfer didn't happen. As explained in a regional council of already present convocation, "Gorvodokanal's" property - in tax pledge. That is under arrest. And now him together with other property of OKP of "Luganskvod" transferred to the concessionaire.
Any actions with the arrested property are impossible.Means, someone paid multimillion debts for which ours was arrested, bulks, property? Who?
And why, having released "Gorvodokanal" from pledge, the regional council didn't start executing own decision on enterprise return to Lugansk?
Now in staff of OKP of "Luganskvod" there was only a management, part of accounts department and lawyers. Process of elimination began, however according to our information recently in the Lugansk City Council from OKP "the Luganskvoda Companies the statement with a request arrived to stop elimination procedure.
On a surface while one version: until the end of the year it is necessary "to master" 150 million hryvnias put in the budget on a water management of area. And it is possible to make it only through accounts of the municipal enterprise.
OKP died? ! Long live OKP? !