Lies for millions. On a chessboard Vadatursky's queen overtakes Kapatsina's queen

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The conflict between "Nibulon" and seaport reached apogee. It joined also the transport and communication ministry, both antimonopoly committee, and People's Deputies. Often, I make comments on the conflict, authorities become personal. And it means that objectivity already leaves where - that is far on a background.

The other day the present and former staff of port picketed Communist Party in Nikolaev and accused the deputy of the Verkhovna Rada of Bладимира Matveevain that it covers the oligarchVadatursky- I wrote more than 100 deputy inquiries to its support.

Matveev, in turn, I told journalists that the seaport doesn't develop but only profits. According to the communist, the profit shouldn't interest the enterprise, efforts need to be bent only on production. Well, communists have values, however, more than once betrayed and overwound by them.

Deputy of the Verkhovna RadaRoman ZabzalyukI condemned a positionMatveeva- he considers that the representative of legislature shouldn't accept any of the parties, but only the state party. Quite so arrives itselfZabzalyuk- according to him, he adheres to a government position. That is I agree with Ministry of Transport that "Nibulon" in the developed conflict - the party guilty.

On a press - conferences the director of seaportVasily KapatsinaI told: "I treat people who can agree even with a tree. But withAlexey AfanasyevichI can't agree". Personal hostility is traced and in a positionAlexey Vadatursky, which accuses the head of port of lie.

General director "Nibulona"Alexey VadaturskyI answered questions of our correspondent concerning the conflict to Ministry of Transport.

- On October 27 the chief of NMTP Vasily Kapatsina gave a press - conference during which it, the captain of port Pavel Ryabchikov and ex-the deputy head of GP "The Delta — the Pilot" Georgy Romanov who carried out in due time the cruiser "Varangian" to "Nibulon", declared that the vessel "Preventer" simply physically can't be carried out to "Nibulon's" mooring.Whether you changed the opinion on this question or as before you insist what for prevention of "Preventer" to "Nibulon's" mooring there are no objective reasons?

- NMTP distorts a real situation and misleads the public and the management of Ministry of Transport. The ban concerning calling of the vessel "Preventer" contradicts requirements of Art. 8, 19 of the Constitution of Ukraine, Art. 86, 89, 95 of the Code of trade navigation of Ukraine, the resolution of the Cabinet of Ukraine of 8.06.1998 (No. 814), item 3 of Provision on the captain of the sea trade port of Ukraine and item 3. 7 Regulations on the public pilot service, approved by orders of the Ministry of transport of Ukraine and registered in Ministry of Justice of Ukraine. Besides, Rules of swimming and pilot carrying out суден in North - the western part of the Black Sea, Bugsko - Dneprovsko - Limansky and Kherson sea channels (approved Mintranssvyaz and registered in 2007) don't contain a ban on pilot carrying out vessels more than 215 m long in Ministry of Justice to the mooring "NIBULONA".

Rules specify that possibility of an entrance to BDLK of vessels of this type (and the Preventer sizes - 227 m length and 32,2 m with pilot service GP "The Delta — the Pilot". And, this document doesn't allocate the captain of NMTP with powers of authority concerning a ban of pilot carrying out a vessel on BDLK to the mooring "NIBULONA", he can state the point of view only. And it exceeded powers, than caused to the company notable damage. Besides, the mooring "NIBULONA" is placed behind port borders, therefore, the captain of NMTP has no lawful powers to forbid "Preventer" calling to the "nibulonovsky" mooring. - width) the captain of port considers in each case separately - taking into account a condition of a vessel, hydroweather conditions, towing providing etc. for safety of navigation, and also coordinates

In any case to speak about the vessel "Preventer" if the mooring "NIBULONA" accepted even avinesushchy vessels! Besides, since the beginning of 2008 of "NIBULON" I accepted 105 vessels 170 m long and more which are close by the sizes to the vessel "Preventer".

In addition, the passport of the water area developed by us conforms to all requirements - and it was recognized valid, including the Register of navigation of Ukraine (the certificate on suitability of GTS to operation of 19.09.2008 No. of the joint venture-104-4-115-08).

Besides, we - not structural division of the Ministry of transport and communication, on us don't extend ministerial directives which besides aren't registered in the Ministry of Justice. According to GP "Chernomorndiproyekt" letter of 23.10.2009 No. NG 11-8/1771 of the requirement of item 9.2 ND 31.3.002-2003 extend only on objects of the Ministry, transport and communication to which our company doesn't belong!

- The chief of NMTP Vasily Kapatsina suggests to use seaport moorings for unloading of "Preventer". It, according to him, will cost 5-6 dollars for ton of freight and will take no more than a week on time. Whether you are ready to accept its offer? If isn't present why and what in that case you are going to undertake?

-Vasily Kapatsynasleeps and sees that all vessels were unloaded and loaded only at it, and income was gained only by port; that, using the state monopoly and means, including ours, the port developed. I declared more than once that our activity (channel collecting, tonnage dues and other) yielded revenue "the Delta - the Pilot", NMTP in the sum more than 40 million dollars. Therefore they were obliged to support the channel in proper condition.

Today as a result of 14 days of demurrage losses of the company make 700 thousand dollars. And if we refuse delivery, the sum of a penalty will make 1 million 100 thousand dollars. And after all you shouldn't forget that we after all need to load still a vessel (if freight is at our mooring) or delivers freight motor transport - and it too expenses.

After all, in fact, grain is possible and by land to Iran bags to bring - a question only in the price.

But we hope that all - we will be able to minimize losses - and we will accept a vessel.

- Vasily Kapatsina claims that you in July knew that vessels more than 215 m long can't approach to "Nibulon's" mooring. Whether truth it?

- It is a lie. It is obvious lie. Obligatory resolutions to GP "NMTP" directly provided carrying out by the first bend of the channel of Nikolaev port суден more than 187 m long in towing maintenance. Any written cautions to us didn't arrive (from "the Delta - the Pilot", from the captain or the chief of NMTP) and couldn't arrive as we worked in a normal mode, since the beginning of 2008 105 vessels 170 m long and more which are close by the sizes to the vessel "Preventer" were accepted.Our enterprise used a lotsioplavaniye, carried out rules of swimming, adhered to obligatory resolutions on port - and there were no restrictions.

On the contrary, the hope was given that the port will perform dredging works, and, eventually, our drudgeries will come to an end. Besides we reached understanding with the present deputy. The Minister of Transport and communications of Ukraine by V. Shevchenko - and the port undertook to perform these works which, besides, itself and I blocked for several years.

- Vasily Kapatsina claims that the passport of the water area developed by JSC Gidrotekhnika in 2007 about which there is a speech in the statement of yours a press - services, is invalid because it isn't coordinated with GP "Chernomorniiproyekt" (according to item 9.2 of the Instruction on engineering research and certification of port hydraulic engineering constructions). May you confirm or disprove this statement?

- MisterKapatsynaI ordered the passport (or Dnepro - the Bugsky sea trade port which successor is NMTP). Then already, obviously, measures that to limit us in our activity were undertaken. They ordered the passport of the water area which isn't true - even on the area of the land plot which is allocated for our enterprise; it doesn't correspond and to amounts of completed work on this site. Besides, having received this passport, they didn't register it in the Register of Ukraine, didn't let us know existence of such document. Besides, they requested the passport on 170 m - to them and the document prepared at such length. In other words, if we ask the crane operator, whether will be able to lift his crane with a loading capacity of 15 tons 5 tons, that will answer that certainly will be able.

We, knowing technical capabilities of the water area and the mooring adjacent to the terminal (which, by the way, I accepted even aircraft carrying vessels), water depths, provided controlling the organization the characteristics. They drew a conclusion that the specified passport conforms to all requirements - and it was recognized valid, including the Register of navigation of Ukraine (the certificate on suitability of GTS to operation of 19.09.2008 No. of the joint venture-104-4-115-08).

Besides, we - not structural division of the Ministry of transport and communication, on us don't extend ministerial directives which besides aren't registered in the Ministry of Justice. According to GP "Chernomorndiproyekt" letter of 23.10.2009 No. NG 11-8/1771 of the requirement of item 9.2 ND 31.3.002-2003 extend only on objects of the Ministry, transport and communication to which our company doesn't belong!

- Today how many money your company lost from - what "Preventer" don't pass to "Nibulon's" mooring? May it negatively affect a salary and social package of workers of "Nibulon"?

- Today as a result of 14 days of demurrage losses of the company make 700 thousand dollars. And if we refuse delivery, the sum of a penalty will make 1 million 100 thousand dollars! These are very big money which our company loses. Certainly, this negative influence, it is necessary to invest less. But! It negatively won't affect social security of our workers. They aren't guilty of the conflict and won't suffer.

- Whether intend to resolve an issue in a judicial order?

- We undertake measures, but from a position of good-neighbourhood. We are in active correspondence with the ministry, port, "the Delta - the Pilot". We are interested in pre-judicial regulation of this question as courts are extreme measures.

- What you see an exit from the created situation with the vessel "Preventer"? Whether intend to adjust good-neighbourhood with NMTP?

- If aggression is stopped from NMTP and interventions in our economic activity will be excluded, will be terminated port and the Ministry of transport of restriction of our investment activity - we with pleasure will adjust good-neighbourhood. I as the head, always with ease I turn the page, philosophically treat such raider attacks which in relation to our company was enough. Inhabitants of Nikolaev were convinced more than once that if we work in a legislative field - justice will surely triumph.

It is always easier for me to think of the future and to concentrate the effort on increase welfare of the company, her employees, than to think of relationship with neighbors.

Believe, I very accurately understand the nature of this conflict - and in it we are guilty not, and business - interests of management of port. I will repeat that we as managing object, aren't obliged to submit to other object, namely so today there is a life. It is absolutely wrong.

We with port, in fact, are today competitors in the market.They have more advantages - they as the state enterprise, use today the monopoly position in the market of services, work from force position. The assessment to it was given by Antimonopoly committee - 28.10.09 it made the decision about introduction to the Ministry of transport of obligatory recommendations No. 26-to consideration рк on elimination of violations of the law about protection of the economic competition which consist in discrimination application to JSC JV NIBULON of provisions of Art. 12 of the Code of trade navigation of Ukraine and preventing in performance of dredging works within a leased site.

We will remind, the ministry insisted that attempt to carry out a "Preventer" vessel to the mooring of JSC Nibulon can become a cause of accident. On October 18 specialists of Ukrmorrechflot, GP "The Delta — the Pilot" and "Ukrvodshlyakh" established that width of the channel was narrowed by places to 48 m, and the profile of the channel was significantly displaced concerning its axis. Therefore swimming not only large-tonnage vessels like CH-70 ("Preventer"), and and the vessels which sizes meet the established standards is complicated.

To avoid the similar conflicts when the vessel "Nibulona" don't pass to the company mooring, from - for what huge money jumps out on a wind, and the relations between partners develop into hostility, it is necessary to carry out dredging works. But also here not everything is simple.

According toVasily Kapatsina, if "Nibulon" carries out these works at own expense, in a judicial order will be able to appropriate the channel. On a press - conferencesKapatsinaI told that after long red tape when the seaport at last got permission to carrying out dredging works, it calledTo Alexey Vadatursky, to please.

- I expected to hear from it congratulations, gratitude words that, at last, we will carry out dredging works, - toldKapatsina. - And in reply I heard abuse.

On a question, why to "Nibulon" all this is necessary, after all at it already so much time costs a vessel, the company declares failure of the international contract from - for seaport,KapatsinaI answered:

- "Nibulon" tries to create the conflict to break regulatory base of safety. It pursues commercial interests.

The antimonopoly committee of Ukraine obliged the Ministry of transport and communication of Ukraine to discharge an obstacle for implementation of JSC JV Nibulon of Dredging Works in the Port Water Area Nikolaev.Within 20 days (that is, approximately till November 17) the ministry has to report about the taken measures.

"As established Committee, Mintranssvyaz it is groundless refuses in coordination of carrying out dredging works of JSC JV Nibulon on the Leased Land Plots within the Water Area, Nearby to the Enterprise Mooring in Port Nikolaev, - it is spoken in the statement of Antimonopoly committee. - If the demands made by Committee aren't fulfilled in due time, we will initiate proceedings upon anti-competitive actions of Mintranssvyaz".

According to the mayor of NikolaevVladimir Chaika, the conflict between "Nibulon" and NMTP to a lump not on a hand. Suffer both both enterprises, and interests of the state as a whole.

The mayor of Nikolaev considers that there has to be someone who will regulate the events. Each of subjects has to carry out that, for what he answers.

"If it is assigned to the port, the port means is obliged to execute it. "Nibulon", in turn has to do that is necessary to him. But over all this there is no the one who will put the end. They among themselves already never will find a common language. There has to be a state program which accurately regulates actions of one and the second the subject. And only then the mutual understanding option" is possible, - considersVladimir Chaika.

The People's Deputy from BYuTRoman Zabzalyukit is sure that to resolve this conflict and to warn all the subsequent, it is necessary to adopt the Law of Ukraine "About seaports".

But the Verkhovna Rada is already traditionally blocked. Everything, as usual, is reduced to elections - race behind electorate forces the highest ranks to ignore the state interests. While deputies won't receive the places in a hall of BP and won't become staid, heads of the enterprises and high officials will manage to start a quarrel between all around.

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