On November 9, 2009 meeting of the Nikolaev district administratvny court as a part of I. Ustinov, M. Mavrodiyeva and A. Zenkovsky in the Limited liability company claim the Agricultural enterprise "Nibulon" against the captain of port of the State enterprise "Nikolaev Sea Trade Port" took place. I was present on this court session, I can state the impressions of its course and behavior of judges in a word: zaangazhirovannost.
But I will dwell a little upon a dispute essence. JSC JV Nibulon has legal proceedings with the captain of NMTP port that its order was calling to "Nibulon's" mooring is forbidden the vessel which parameters exceed maximum permissible for pass on the channel. This step on absurdity associates with submission of the judicial claim on the car inspector who forbade movement on the bridge for the car which weight exceeds maximum permissible. The captain of port is responsible for safety of navigation and environment, according to the functions. By the legislation of Ukraine and according to the international obligations of our country, it not simply has the right, but also is obliged not to pass a vessel which creates threat.
However even if obvious legitimacy of actions of the captain of port would need to be proved in court, it has to be not so administrative court, and economic. After all the State enterprise "Nikolaev Sea Trade Port" provides to shipowners of service in safe operation of the water area and port channels in limits economic the relations, instead of as authority! However JSC JV Nibulon management, obviously, was guided by any own reasons, submitting the claim in админсуд.And judging by that the claim the adminsudy was accepted, despite a neprofilnost that the court session was appointed almost immediately (and it in the country where consideration of disputes usually it is necessary to wait for months! ) and journalists are forbidden to conduct a photo - and video filming during meeting, - JSC JV Nibulon I didn't lose with a court choice...
Such "transparent" beginning gives the grounds to assume, as all further consideration of the case by district administrative court will be "game in one gate", and the judgment is already known to "Nibulon".
And then to the unknown there will be also a lie of the management of JSC JV Nibulon that the enterprise which only obligation is to load vessel already given to the mooring as if bears penalties from - for a ban on approach of a vessel to the mooring. Also it won't be taken into account that the management of the Nikolaev sea trade port suggested to download a vessel on the mooring, on raid or at any mooring of other enterprises of the region. And that fact precisely won't interest judges that JSC JV Nibulon, contrary to its assurances for mass media, has no agreement on supply of barley to Iran, and the agreement on delivery of these goods is actually concluded on cut price between the father and the son Vadaturskimi where the first is the director general of JSC JV Nibulon, and the second - represents the enterprise registered in Switzerland "Nibulon S. A. " (registration in Switzerland is such way of "optimization" of the taxation, isn't it?).
Unfortunately, after meeting of the Nikolaev district administrative court I had an opinion that business Lvov "колядуна" Zvarich lives and prospers, destroying justice, and with it - and government system as a whole. Annoyingly that some oligarchs involved in this destructive process, carry on a breast a distinction "the Hero of Ukraine".