ChSZ refused to carry out the decision of the Highest economic court and to transfer a tow to the charterer

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The state joint-stock holding company "Black Sea Shipbuilding Plant" refused to carry out the solution of the Supreme economic court of Ukraine and to transfer illegally withheld tow "Kommunarovets" to the charterer "AVK - investment".

Judicial performers today, 24.06.09 at 10.30 met the director of ChSZ of safety, reported MBNU the representative of the charterer.

"After one and a half hour expectation us all - passed. But they refused to carry out a judgment. The director told us take away this tow. Our party answered that the Plant is obliged, according to the freight contract, independently to float a tow. On what the director answered - and our crane is broken, we aren't able to do it it purely technically. Repair of the crane costs 1 million UAH. We don't have this money. Here if you give us one million - we to you will lower a tow. And so - wait while there will be money and we will repair the crane. I can't tell when it will be. Some months, probably", - the representative "AVK - investment" told.

"Circumstances force us to doubt sincerity of management of plant. The matter is that the tow rented by us will try to sell on July 1. Also it isn't excluded that if the buyer will be, the crane will "suddenly" earn", - the representative "AVK - investment" added.

Backgrounds of the conflict: tows "October", "Kommunarovets" and "Captain Dobrovolsky" belong to GP "Shipbuilding Plant of 61 Communard". The plant didn't use them, they were in a non-working state and brought for the maintenance of 80 thousand UAH of losses monthly.

Under the Contract No. 03-03/17/05 "AVK - Investment" took them in a freight for which paid a rate of 100 thousand UAH a month. As vessels were in a non-working state, their repair cost 3,6 million UAH

New management of plant wants to receive without capital investments the repaired tows back that then to sell them. "AVK - Investment" is ready to return tows to the owner on condition of debt repayment for repair.

The tow "Kommunarovets" since 2007 illegally keeps on GAHK "ChSZ".At what, illegality of its deduction and the obligation of transfer to his charterer - JSC AVK-Invest are confirmed with decisions of economic court of the Nikolaev area, the Odessa appellate economic court, the Supreme economic court of Ukraine and the Supreme Court of Ukraine. But, as practice shows, the executive service isn't able to execute lawful decisions of the courts.


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