Some days behind high glass windows of a modern European complex of JSC Tekhnokontrakt the legal lawlessness is created. One of five cofounders, Anna Novoselova, refuses flatly to concede a leading chair of Aliko Chkhartishvili whom the court restored both at work, and as the director general of the enterprise."The judgment is illegal"
- The judgment is illegal, - Anna Novoselova publicly declared to the Nikolaev journalists. - And I don't intend to carry out it!
With us it too didn't express desire to meet: "At the enterprise now heavy time. You attentively get a grasp of the decision of this court … I and so told you more, than it is necessary! "
Alas, we long got a grasp of this judicial document, trying to get to the bottom that such unusual was seen in it by Novoselova. But in a judgment everything was written correctly: to dismiss the person from a post, especially under article, there have to be lawful bases (the conclusion of a certifying commission, disciplinary punishment etc.), but they weren't. In that case illegally dismissed worker is restored in a former position. Besides, the court obliged the state registrar of executive committee of the Nikolaev City Council to make change to the Unified state register, having resumed in it record that the head of JSC Tekhnokontrakt is A. Chkhartishvili. The decision regarding restoration at work the court demanded to execute immediately.
But not here - that was.
I didn't reconcile to humiliation
- Strange sounds, but about own dismissal I learned from strangers, - Aliko Chkhartishvili restored in a senior position remembers: On January 5 the new director was already officially presented to labor collective. And then to me and members of my family began to threaten by phone, to intimidate - "we will put in prison, we will kill …". It was already too, and I decided not to give up. As the natural person I filed a lawsuit the statement of claim about restoration me at work and in a position.And my spouse Svetlana together with other cofounder Georgy Abshilava which rights too were violated, sent to judicial instance the claim about recognition of the solution of general meeting invalid as the Law "About Economic Societies" was roughly violated.
On February 25 claimants won Economic court: the solution of general meeting was nullified as under the existing charter of the enterprise on it there was no quorum. But three other cofounders categorically disagreed with such verdict of court: they submitted the claim to the Odessa appellate court.
In business I put heart and soul
By JSC Tekhnokontrakt the birth it is obliged to five cofounders - to Svetlana Chkhartishvili, Yury Smirnov, Anna Novoselova, Andrey Likhom and Georgy Abshilava. In due time they contributed in the authorized capital of the enterprise an equal share of the capital - on 20 percent. In the territory of the thrown new building (present City - the center on Garden) JSC Tekhnokontrakt temporarily I rented part of the waste ground and I developed automobile business new the then in Nikolaev.
Interesting business was argued: at that time no internal contradictions between cofounders existed: all of them wanted to have the strong, well built up and debugged business, but someone should have realized this desire.
When the unfinished building of City - the center with the adjacent territory was redeemed by Turks, "Tekhnokontrakt" was compelled to move down for the new address - exactly across the road where the waste ground too settled down. It was difficult to believe that on this place the huge beautiful building from glass and concrete (5200 square meters of the floor and auxiliary spaces), decorated Lenin Avenue will soon rise. The complex has a modern sink, shop of spare parts, cafe - bar, hotel, elevators for cars …
- It were very hard and hard times, - Aliko Chkhartishvili remembers. - Having appointed me to a position of the director general, founders entirely assigned to me the most difficult problem of construction of the car center largest in the city: in the true sense of the word I spent the day and spent the night on building, agreed, got, got, controlled all technological chain from beginning to end. The first stage of a complex was handed solemnly over at the end of February, 2004: festive action was broadcast on the central television, and will of a case this plot was seen by the president of Ukravto corporation.
Soon me invited to the capital, and "Tekhnokontrakt" received the favorable offer - to represent interests of the firm largest in Ukraine in Nikolaev. To Nikolaev the first cars - "Mercedes", "Opels", Zaporozhye "Deu - ланос" arrived … We tried to work perfectly: every year sales volumes increased: 124 cars were sold for the first half a year, in 2005 - m - 775, in 2006 - m - 1500, in 2007 - m - 2179, in 2008 - m - 2750 … Automobile business of "Tekhnokontrakt" took roots and extended: at the end of 2004 on Pushkinskaya Street actively I earned car showroom "Chevrolet — Opel" which we leased. After a while car showrooms "Mercedes" and "Cherri" joined "Tekhnokontrakt". Shots were in parallel gathered and trained: at us the high quality experts conforming to the highest modern requirements work. Not incidentally the enterprise is one of official dealers of several leading concerns of the world, specializes on car sale, serves, repairs and delivers original spare parts for the brands "Chevrolet", "Chrysler", "Dodge", "Jeep", "Mercedes — Benz", "Opel" …
- The annoying that during the difficult and responsible period of organizational formation of business, almost eight years' construction of an automobile complex when it was necessary to do draft ungrateful work, cofounders were happy with me: from their party no complaints existed, - Aliko Chkhartishvili speaks. - But as soon as the complex was constructed, put in operation as soon as the symbolical ribbon was cut and the profit became notable, three stood apart cofounders suddenly заерзали, began to worry: and who, actually, such Aliko Chkhartishvili, why in his hands our business who is he, actually, such - only the hired director general, tally-ho from here!
Further events developed in the promptest way: after a corporate party the three of initiators of exile of Aliko Chkhartishvili, without having deigned to inform two other cofounders (including Svetlana Chkhartishvili), I "dismissed" Aliko Aleksandrovich from a position of the director general. And not simply refined I dismissed - I expelled with a crash, under article, as "not coped with the functional duties". The released chair was occupied by inhabitant of Odessa Anna Novoselova, the godmother, by the way, and the friend of the family Chkhartishvili … Alas, now former friend.
In the first working day Aliko Chkhartishvili came to work with protection: I had as though a presentiment of not forecast development of events.The reinstated director general on a threshold was met by other protection employed by Anna Novoselova, not able and not wishing to lose … But the provocation option, thank God, wasn't successful: the peak of the conflict stopped on the broken doors and the damaged locks.
How to work in such situation? Aliko Chkhartishvili still fully can't carry out the functional duties:
- The former director general of the enterprise Anna Novoselova makes me various difficulties, destabilizing work and a complex, and collective …
Opposition proceeds: to put end to the events on "Tekhnokontrakt" still early. But laws for this purpose also are accepted, that them to observe: otherwise society is expected by anarchy, and at it it isn't so obligatory to screw handles on doors of offices - them simply knock out feet …
The situation is made comments by human rights activists
Director of Magistr law firmVasily Koloyanov:
- Actually, misunderstanding began from last year, since December 29 when three cofounders made the unauthorized decision on Aliko Aleksandrovich's dismissal from a position of the director general and purpose of the new management. In this regard Aliko Aleksandrovich addressed to us in law firm for protection of the rights and interests. We already won two courts, however the decision of Economic court on recognition of the solution of general meeting by the invalid didn't enter yet validity: it is appealed by other party of the conflict. As for the decision of the general court on Aliko Chkhartishvili's recovery at work and his entering into the state registry, it entered validity and is subject to immediate execution - in this regard 13-го numbers we and arrived to JSC Tekhnokontrakt. Considering that earlier to Aliko Aleksandrovich were ringing with threats from unknown persons (even yesterday at my presence by phone to Aliko Aleksandrovich threatened with physical violence), he quite reasonably asked protection that there were no misunderstanding. We arrived, showed the judgment, all documents on restoration for work. But the founders who have made against it the illegal decision, took an illegal offensive position and tried to provoke security guards. They approached to us and instead of speaking to the point, defiantly began to smoke cigarettes and started up to us in a face a smoke.I would like to understand why Anna Novoselova who has written to bodies of SBU, militia, statement prosecutor's office that armed attack with machine guns, guns, bullet-proof vests is made so behaves. What is the management kill, there are hostages, the equipment is destroyed, the property is taken out. Law enforcement agencies ran from everywhere, but, having seen an opposite picture, having studied documents, they left. Strange business, but personally Novoselova broke a door, locks are broken. We warned on the eve of days off: that there were no the misunderstanding, all offices till Monday will be sealed. But seals were broken and on many doors locks are spoiled. We didn't expect such furious opposition, such lie and provocation … Today Aliko Aleksandrovich is the director general, it is registered in the state register. The discordant party has the right to appeal against a judgment, but lawful and peacefully. It is clear that all this from powerlessness and ambitions. In our practice there were cases when as heads reinstated, but all behaved refined. In the city many know Aliko Aleksandrovich, and nobody will tell that he is a bad person.
Head of public organization "Nikolaev Human Rights Group"Sergey Kurichenko:
- Ex-the director general Anna Novoselova doesn't want to recognize a judgment. The situation at the enterprise is very similar to the planned provocation. Therefore the Nikolaev human rights group publicly addresses to the management of the Department of Internal Affairs: whether Anna Novoselova will be made for a series of false calls responsible? Probably, madam Novoselova felt so freely also because behind the back of her there was quite solid protection headed as it appeared, directly deputy chief of city department of Public service of protection Sergey Semenchov. Ex-the director general with the team I stimulated with all possible methods conflict development, interfering with judgment performance. I consider that Sergey Semenchov's behavior also was defiant, provoking to the conflict. We also know that Chkhartishvili's opponents incited Yurekspertiza firm to power opposition, but, thank God, the management of firm didn't give in on this provocation.
At the end of March in Kiev the Public assembly of Ukraine which will unite public human rights organizations will take place.Participation of the minister of the Ministry of Internal Affairs of Ukraine Yury Lutsenko, the chairman of the Helsinki human rights union, the chairman of the public union is expected also at the minister of the Ministry of Internal Affairs, and I will surely inform participants of assembly of this conflict. The speech after all goes not about system human rights violation or the labor legislation - about certain employees of an administrative board of law enforcement agencies who at own risk interfere with implementation of judgments.
From the author. We couldn't but contact Sergey Semenchov. He really confirmed the participation in a conflict situation on JSC Tekhnokontrakt, having added thus that he a bird dependent and orders of the higher management has to execute. But, alas, I refused to call a surname.