"Brokbusinessbank" couldn't select the Black Sea shipbuilding plant at Novinsky

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The Russian businessman Vadim Novinsky fixes control over one of the largest shipyards of Ukraine - the Black Sea shipbuilding plant. The Kherson shipbuilding plant belonging to the Russian managed to beat off from Brokbusinessbank which challenged transition of ChSZ to the sphere of management of - on Novinsky.

Rinat Akhmetov's partner in g Metinvest metallurgical holding - N Novinsky controlling the Smart — Holding company, struck blow to brothers to Beets.

As it became known, in April the Economic court of the Kherson area nullified the contract of pledge of 90,25% of actions of the state joint-stock holding company "Black Sea Shipbuilding Plant" (Nikolaev). It was concluded in 2005 between the owner of securities the Sudmashprom company (the former JSC Nikolaev Low-tonnage Shipyard) which was controlled by the Russian businessmen Igor and Oleg Churkiny, and Brokbusinessbank belonging to Sergey Buryak (now - the chairman of GNAU) and to his brother Alexander (the deputy of BP from Yulia Tymoshenko Bloc).

Securities put by Churkinymi's brothers became providing the credit for the sum of 50 million UAH under 11,5% per annum which "Sudmashprom" obtained then from Brokbusinessbank.

In 2006 period of validity of the credit agreement expired, however the loan wasn't extinguished completely - "Sudmashprom" remained owes about 2,5 million UAH

To return this money, financial establishment addressed to the public executive service which at the end of 2006 opened the corresponding production.

However in 2007 when performers tried to claim a debt, the situation round ChSZ was sharply heated.

In the summer of that year, Igor and Oleg Churkiny were discharged of operational management of the Black Sea shipbuilding plant of structures of - on Novinsky. So, in August, 2007 the companies close to the Russian ("Seltik" and "Everton"), achieved in the arbitration court of the decision on recognition of their property right to "Sudmashprom" actions.After that meeting of shareholders of ChSZ at which Ilya Gorn holding earlier a position of the vice-chairman of the supervisory board of the Kherson shipbuilding plant was elected the director general of the enterprise, - well to Novinsky was held under control.

And at the end of 2007 of HSZ I signed the contract of purchase and sale of actions of the Black Sea shipbuilding plant belonging by the last 90,25% with "Sudmashprom". Their contractual cost was determined at the level of 119,3 million UAH that slightly exceeded the par value of a package - 116,6 million UAH

Alienation of the actions belonging to the debtor of Brokbusinessbank, strongly grieved financial establishment of brothers of Beets which sent to Economic court of the Kherson area the claim to HSZ with the requirement to nullify purchase by this enterprise of stocks ChSZ.

Brokbusinessbank explained the requirement to that didn't agree to alienation of the securities which were at it in pledge. However court, having studied arguments of the parties, nevertheless I supported the Kherson enterprise which has given to Brokbusinessbank the counterclaim with the requirement to nullify the contract of pledge of ill-fated actions of the Black Sea shipbuilding plant. Judges came to a conclusion that "Sudmashprom" in 2005, pledging stocks ChSZ to bank, had to coordinate the actions with the State property fund, and it wasn't made.

Brokbusinessbank losing as a result of this solution of 2,5 million UAH, disagreed with such verdict. Yuyurista brothers of Beets at the end of April directed the appeal complaint to the judgment.

However, chances that to them will be possible to deprive the Kherson enterprise of control over the Black Sea shipbuilding plant, can be considered not too considerable.

Vadim Novinsky, managed to win the Nikolaev enterprise from lawsuits of brothers having considerable experience Churkinykh and included ChSZ last year in structure of the ship-building division, is obviously adjusted on coming out the winner and from this process.

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