The Odessa enterprise in court insists that on repair of the route "The Resident of Ulyanovsk — Nikolaev" stole nothing

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State financial inspection in the Nikolaev area carried out an inspection of activity of Service of highways in the Nikolaev area with violations.

It was declared by representatives of the enterprise «Dorlider» during the next court session on Monday, March 18.

It is known that by results of audit financially - economic activity of Service of highways in the Nikolaev area and subsidiary «Nikolaev oblavtodor» , the carried-out State financial inspection, from April 1, 2010 till June 30, 2012 found financial violations which led to budget loss of property for total amount in 19,37 million hryvnias.

In Service of highways, at the same time, with conclusions of State financial inspection disagreed also undertook to challenge conclusions of auditors in court.

At the meeting which has taken place on Monday one of State financial inspection conclusions, according to which contractor of Service of highways - state of emergency «was challengedDorlider» , being the third party of trial, has to return to the state about 9 million hryvnias for performance of repair of a site of the road on the route «The resident of Ulyanovsk - Nikolaev».

Essence of a claim of State financial inspection to state of emergency «Dorlider» consists in that when performing above-mentioned repair work asphalt concrete mix in improbably squeezed, according to auditors, terms was transported on distance in 230-250 kilometers. Moreover, according to the State financial inspection, the asphalt plant located in Odessa region from which allegedly it was transported hot mix for road repair, during the specified period of time didn't function, and, so the enterprise «Dorlider» couldn't carry from it asphalt.

Lawyers of Service of highways and state of emergency «Dorlider» scarified the conclusions drawn as a result of audit. In their opinion, experts of the State financial inspection in the Nikolaev area incorrectly treat the provision of a number of normative documents.

So, according to representatives of the claimant, lawyers of State financial inspection mixed shchebenochno - mastic asphalt concrete which according to the standard isn't subject to transportation on the distances which overcoming takes more than two hours, with asphalt concrete ordinary which can be transported throughout any time on condition of heating existence. Such asphalt concrete, according to lawyers of the claimant, was used for repair of a site of the route «The resident of Ulyanovsk - Nikolaev» , and therefore standards weren't violated and quality of the performed works didn't suffer.

Also, according to lawyers of the claimant and the third party, all three asphalt plants located in Odessa region at the time of performance of repair worked. The penalty imposed on the worker of one of these plants in 2011 for violation of the ecological legislation, in particular, testifies to it.

Besides, according to lawyers of Service of highways, the State financial inspection conclusion that asphalt plants didn't work, is incorrect as it is based on State Tax Administration data in Odessa region that plants didn't pay taxes in 2011—2012. However, according to the representative of state of emergency «Dorlider» , failure to pay taxes was caused by financial problems at the enterprise and can't be the proof of that plants didn't work. Also to court documents that necessary taxes were paid by plants, but with delay were submitted.

Wrong lawyers of Service of highways consider also a conclusion of financial inspection that the financial damage could be caused to the state in case asphalt concrete mix was transported on smaller distance as in the contract with the contractor the fixed cost of services is specified. As as a result of the held tender of the lowest there was a cost of services states of emergency «Dorlider» , the contract with the indication of the fixed price was signed with the enterprise.

As it was reported earlier, Nthe achalnik of State financial inspection in the Nikolaev area Andrey Skibyak emphasized earlier thateach statement it can support by the documents, and noticed that Service of highways at tendering process on repair of roads  gives preference to the doubtful enterprises type  «Horns and hoofs».

It is known, as the third party in trial were involved contract organizations - open company «Dorlider» , OH «Highway—South» , OH «Altk» , JOINT STOCK COMPANY «Umanyavtodor» , STATE OF EMERGENCY «Evrodor» , DP «Nikolaev oblavtodor» , DP «Kirovograd oblavtodor». Thus DP «Kirovograd oblavtodor» I recognized violations, revealed by State financial inspection, however I wasn't able to pay the caused damage.

Владимир Логвиненко


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