The agricultural enterprise "NIBULON", one of the largest agrarian producers and exporters of grain and Pancake week crops of the country, declares deliberate actions of representatives of GP "Nikolaev Sea Trade Port" (NMTP), the Ministry of transport and communication of Ukraine, and also the captain of port with the purpose to drag out trial in connection with JSC JV NIBULON claim on a groundless ban of the captain of port on approach to the mooring of the company of the vessel PREVENTER.
On Monday, already the second court session of the Nikolaev district administrative court in the claim to the captain of port which was once again postponed - for November 13 took place November 9. Thus the vessel PREVENTER stands idle month on raid - since October 12.
"That the order of the captain of NMTP Pavel Ryabchikov actually blocked performance of the external economic contract was the cause for an appeal to the court, threatened it failure and isn't motivated any standard or the act. The ban is completely groundless, and at the disposal of the captain of port isn't specified any reason to forbid or limit economic activity of our enterprise. In this regard we appealed to court with the claim about recognition illegal refusal of the captain of port in coordination of the demand for pilot conducting of the vessel PREVENTER and recognition illegal and cancellation of the order of the captain of port", - the deputy director general of JSC JV NIBULON Andrey Vasilyev noted in interview to journalists.
As noted And.Vasilyev, operating standardly - the legal base, in particular, the Code of trade navigation, the situation "About the Captain of Sea Trade Port" and "About the Public Pilot Service" provides the list of bases for the refusal, however any of the bases didn't take place at the time of decision-making by the captain of port.
The representative of the captain of NMTP on Monday declared the desire to transfer business from administrative to economic court, however representatives of JSC JV NIBULON see no reason for adjournment of business and regard it as attempt to delay for an indefinite term removal of a final decision on business.
"In defiance of the Constitution the disputable decision of the captain of port isn't based on the law, goes beyond competence of the captain of port and violates the rights and interests of our enterprise for conducting lawful economic activity. We ask court to give an appropriate assessment of actions of the captain of port", - A. Vasilyev proved the NIBULONA position.
One of the reasons of transfer of the second court session of court: the third parties of Mintranssvyaz and NMTP didn't study case papers. A. Vasilyev didn't make comments on a trial course to avoid pressure upon judges. Thus he emphasized that the Nikolaev sea trade port has a direct material interest in a process tightening as capacities of the terminal of JSC JV NIBULON are occupied with the grain intended for Iran. And in order to avoid failure of other international contracts the company is compelled to work through port moorings.
"Owing to illegal actions of the captain of NIBULON port incurs the compelled losses: non-execution of earlier signed contract, in the form of payment of overtime demurrage on port raid. The enterprise stopped activity on own terminal and is compelled to export grain through the Nikolaev seaport, bringing it in the conditions of financial crisis additional profit and additional freght traffics", - A. Vasilyev declared. Thus he reported that the NIBULON enterprise about $1 millionalready suffered losses
The vessel PREVENTER was ready to approach to JSC JV NIBULON mooring still on October 13 and to load about 40 thousand tons of barley for delivery under the external economic contract into Iran.