In the solar morning on October 1 in port "Nick - Tera" unexpectedly appeared the state performer of the Central department of the public executive service Nikolaev city justice department of Kulichenko D. A. in the company with representatives of GP "Shipbuilding Plant of 61 Communard" and several fighters of special forces "Golden eagle". The performer had on hands definition of economic court of the Nikolaev area, signed by the judge Mishchenko V. I. and the resolution on opening of executive production in execution of the specified definition according to which on tows "October", "Komunarovets" and "Captain Dobrovolsky" is seized and they are subject to transfer on responsible storage of GP "Shipbuilding Plant of 61 Communard".
The tow "Komunarovets" and illegally keeps for a long time 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 "for obvious reasons" to execute lawful decisions of the courts.
Captains of tows "October" and "Captain Dobrovolsky", perfectly knowing about background of the conflict to GP "Shipbuilding Plant of 61 Communard" and about numerous decisions of the courts of Ukraine according to which JSC AVK-Invest legally charters the specified tows, and understanding that doubtful definition of court of the first instance can't cross out the decision of the Supreme Court, didn't begin to wait for capture of tows. The decision on urgent withdrawal from a mooring wall was made. The captain of port permitted for an exit of tows.
When tows departed on considerable distance, raiders, probably, found "arguments" for belief of the captain of port and it is unexpected, by radio, tried to cancel the permission. Any bases, clearly, it couldn't bring. Captains, understanding that stands behind it, didn't begin to moor.
At this time the lawyer of JSC AVK-Invest met the state performer and showed it 8 solutions of economic vessels of all instances according to which tows are in a lawful freight "AVK - Investment", and actions of GP "Shipbuilding Plant of 61 Communard", the judge Mishchenko V. I. and the state performer are illegal. However the state performer didn't react to this information in any way.
After that all "the honest company" plunged on a tow "South" and started chasing a tow "October" on all estuary. But, probably, "the company of raiders" badly studied experience of the Somali and Nigerian colleagues. Otherwise would know that tows - vessels powerful, but not too fast and maneuverable. And for prompt pursuits aren't adapted absolutely not. Thus, action from the fighter turned into the comedy.
Absurdly промаявшись on water some hours, the rocked to sleep judicial performer I demanded to deliver it back to the coast.
Continuation of history took place in the evening, at 22.00. Having strengthened the forces new fighters of "Golden eagle" and persons in civil, "kommunarovets" on the militia boat everything is took a tow "October" and took away it on GP "Shipbuilding Plant of 61 Communard".
About background of the conflict we were told by the director general of JSC AVK-Invest Valery Karpenko:
"The mentioned tows 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.
We, under the Contract No. 03-03/17/05, took them in a freight for which we pay to 100 thousand UAH a month. As vessels were in a non-working state, their repair cost to us 3,6 million UAH
According to mentioned earlier numerous decisions of the courts, the contract of a freight is lawful and works before full repayment of GP "Shipbuilding Plant of 61 Communard" of a debt on repair of tows.
Now at plant new management which is controlled certain, all known, Russian business - group. They want to receive without capital investments the repaired tows back that then to sell them. We speak - take away! But return money for repair! And they don't want. Suggested me to buy them on... 5 million dollars! And after all their estimated cost even now, after the repair made for our money, makes 5 million UAH. We already won courts of all instances against them, including the Supreme Court of Ukraine.And what? ! Where the rule of law, where obligation of execution of decisions of the courts in all territory of Ukraine? ! Why these judgments of vessels aren't executed, and "left" definitions of the judge Mishchenko V. I. it is executed instantly? ! Why nobody could resist to this criminal plan?
So simply we won't leave all this lawlessness. We intend to complain in regional prosecutor's office, the State Office of Public Prosecutor and the Supreme economic court".