The matter is that on October 7, 2009 in the Verkhovna Rada of Ukraine the draft of the resolution No. 5203 of 07.10.2009 "About creation of Temporary commission of inquiry of the Verkhovna Rada of Ukraine concerning investigation of circumstances of rather possible violations of the current legislation of Ukraine was registered from officials of the State enterprise "Delta Pilot" Nikolaev".
History with geography
GP "The Delta — the Pilot" was created in 1998 in Nikolaev for the purpose of improvement of conditions on navigation safety, ordering of structure of sea pilot services in Hugo - the Western part of the Black Sea and protection of life of people on the sea. The enterprise is engaged in pilot pilotage. Also GP provided a transit passage of the vessels to river ports on Dnepr.
Creation in May, 2004 on its base of the Public pilot service of Ukraine, (GTsLSU) which became a new stage in development "the Delta - the Pilot" unites functions of pilot providing and regulation of movement of vessels. Its task - navigation safety on navigable ways in territorial waters, on waterways, approach channels, raids of all ports and terminals of Ukraine.
At present "the Delta - the Pilot" is the main enterprise in the structure, responsible for safety of navigation in a zone of responsibility of Ukraine. The enterprise became the coordinator of works on creation of Uniform system of search and rescue of people and the freights suffering disaster in the sea that the international conventions ratified by our country in this sphere provide. Such system of monitoring, is called is information to unite all public services connected with navigation, and also the Ministry of Emergency Situations, Voyenno - naval forces and the Public border service.
To crown it all, GP "The Delta — the Pilot" is responsible for all works which are performed on GSH "Danube — the Black Sea" and is the operator of this ship canal.
As we see, volumes of performed works are huge, so, and the financial turn of the enterprise can't but attract separate financially - political groups.
In a zone of special state attention of The Delta — the Pilot enterprise - and creation in Dnepro's region - Bugsky transport knot which with the corresponding support of the state is capable to attract large investments into the Nikolaev region; and control over this direction are very and very attractive prospects.
It isn't difficult for that to whom the situation which occurs round GP "The Delta — the Pilot" over the last 5 years is familiar to notice that with enviable frequency this enterprise "is in a fever". Such processes happen cyclically and these cycles, probably, by mere chance, coincide with electoral processes in the state.
If to distract from all details, it is possible to assume safely that for control over state enterprise there is a real war which comes to a public inspection at those moments when the state positions are the least protected - during the election period and power changes. And if to tell more precisely that after arrival to the alternate management of the country of opposite political forces. Confirmation to it are events 2006 and 2008 when with change of the political country leaders, the state enterprise management changed also.
Come in February, 2008 to a position of the director of GP "Delta Pilot" Alexander Golodnitsky managed to achieve impressive results for a short time. Following the results of work in 9 months of the current year of GP "The Delta — the Pilot" wins first place among the Nikolaev enterprises for transfer of taxes in budgets of all levels. The protecting dam on the Danube Branch is completed and put into operation. On a ship canal vessels with an osadka of 5,5 meters started passing "Danube-Black Sea".
Thus, Ukraine created alternative of more effective barter between the East and the West in connection the river - the sea. Romania which for many years was the monopolist on the route of the international transport corridor, as a result of the become aggravated competition, was compelled for 50% to reduce the prices for a passage of the vessels on the channels.
Who took notice of a tidbit?
From the very first day of appointment to the post of the director of GP "Delta Pilot" A. Golodnitsky many declared that it is a creature of the People's Deputy of Ukraine from Nikolaev, the member of BYuT fraction Gennady Zadirko who was very approached to the Minister of Transport of that time and communication of Ukraine I. Vinsky. Many claimed, what exactly.Zadirko is the curator of this enterprise and without it, and respectively, and without Vinsky's consent, the enterprise management not only that can make nothing, but also won't stretch on the place and day.
Even when as it was approved, at the enterprise I was as political (I. Vinsky and G. Zadirko represented the political force which was at the power), and an administrative screen (the same the Minister of Transport of Ukraine I. Vinsky and the People's Deputy G. Zadirko), nobody guaranteed quiet life to the enterprise.
Attacks from the former head of GP "Delta Pilot" V. Bezdolny who got support of Party of Regions (by the way, even not Nikolaev regional organization, and are one level higher), didn't stop per day.
Sometimes the situation reached to the point of absurdity. To reach a goal and to return itself influence on the enterprise, the former head together with "oppositionists" we were ready to offer national interests and to weaken positions of Ukraine in opposition with Romania for influence on navigation down the river Danube.
In the summer of 2009 of a position of I. Vinsky in BYuT not that weakened, and completely came to naught. Having quarreled from Lady Yu, Iosif Vinsky left a post of the Minister of Transport and communication of Ukraine, and then said goodbye and to BYuT. In a trace behind it the exit from BYuT was declared also by his faithful companion Gennady Zadirko. The end in the history of a rupture of the relations of group of Vinsky with current the Prime minister - the minister of Ukraine was put on October 8 when BYuT made the decision on an exception of colleagues of the former Minister of Transport from fraction structure in the Verkhovna Rada.
Probably, these events served as a starting signal for a new wave of fight for influence on the enterprise which hardly will positively affect its work.
On the one hand, loss of the won positions isn't in the plans of BYuT, on the other hand, the Party of Regions can't miss opportunity to be overcome for influence on some branches of economy.
At the beginning of October representatives of pro-presidential forces again started talking about arrangement of Party of Regions and BYuT. Proceeding from it, isn't surprising and that fact that as the initiator of the bill of VSK creation on GP "Delta Pilot" two Byutovtsev and the regional acted.
Really ПРиБЮТ already divided the enterprise among themselves, and they needed to issue this repartition only?
That as one of initiators of this bill nikolayevets of River acted.Zabzalyuk, too seems logical, after all is more useless "to give" someone the enterprise which is on "your earth". But, seemingly, small false start turned out. Elections on a nose, also it isn't known how they will end.
What will study VSK?
According to the registered bill, will personally submit the draft of the Resolution during its consideration at plenary session of the Verkhovna Rada of Ukraine R. Zabzalyuk, but here it won't be a part of VSK.
In this bill it is provided that studying of circumstances of rather possible violations of the current legislation of Ukraine, human rights and possible abuses of the enterprise management will be the main task of temporary commission of inquiry.
Who will be a part of Temporary commission of inquiry?
And seven people's deputies will be its part: on two from BYuT and Party of Regions and on one from "our Ukraine - National Self-defense", Communist party of Ukraine and "Blok of Litvin".
The People's Deputy of Ukraine, Byutovets Alexander Dubovoy will head this commission. It is offered to appoint his deputy the regional Vladimir Vecherko.
It should be noted that Communists and litvinovets yet didn't decide on the candidates in this VSK, just as also regionals with the second representative. And here BYuT and NUNS suggest to fill the quota with G. Arutyunov and V. Aryev respectively.
Are interesting and the offered terms of activity of this Temporary commission of inquiry - 6 months from the date of adoption of the Resolution, and the report on its activity suggest to hear at plenary session of the Verkhovna Rada of Ukraine not later than three-months term from the date of adoption of this Resolution.
There is a number of questions. How so, the commission of inquiry will work 6 months, and will report about results already through three? Than she will be engaged other three months? Really our all-powerful deputies will manage to understand in such short time a situation? Still the end isn't put to scandal which arose round activity of the former management of the enterprise, and it despite that all government bodies - the Ministry of Internal Affairs were engaged in trial practically, SBU, CREWE … What turns out, seven people's deputies can replace with themselves all law-enforcement structures together taken?
It is separately necessary will stop on justification which is attached to the resolution on creation of this Temporary commission of inquiry.
"For the last years from the public and the corresponding officials of Ukraine to the management of DP "Delta Pilot" charges of violation of the existing national and international legislation are distributed", - is spoken in justification.
As an example, people's deputies call numerous addresses which arrive to People's Deputies of Ukraine, the leaders of the State and law enforcement agencies concerning violations of the law the enterprise management during implementation of strategically important project for Ukraine - "Creations of a deep-water ship course Danube - the Black Sea".
Frankly speaking, it would be desirable to see at least one similar address the eyes. It is possible to assume that if they and exist, are written on behalf of structures directly related to the former management of the enterprise which doesn't leave attempt will return.
In justification also it is said that numerous checks of supervisory authorities revealed essential violations from the management of noted enterprise, but till this time of any effective measures on protection of the state interests wasn't carried out.
"It wasn't taken any effective measures"? It is impossible to disagree, after all the Nikolaev regional Department of Internal Affairs, CREWE in the Nikolaev area and regional prosecutor's office repeatedly declared that materials concerning a violation of the law are almost collected by GP "Delta Pilot" management. Statements from CREWE and the Ministry of Internal Affairs were the brightest. We will remind that the ex-the chief of Regional Department of the Ministry of Internal Affairs of Ukraine in the Nikolaev area Anatoly Naumenko declared still a year ago that business on KP "The Delta — the Pilot" will be very loud so the director from a letter "B" will sit down on long time. As we see, the director from a letter "B", still on freedom and feels rather surely. Really People's Deputies at last - that decided to put the end to investigation of violations allowed in 2007?
"It should be noted that in mass media information of rather conscious violation of GP "Delta Pilot" of the national and international legislation actively extends that in turn does harm to national interests on implementation of the extremely important Ukrainian project and discredits Ukraine at the international level.At the same time in mass media and in addresses of the public to the leaders of the State inappropriate use of budgetary funds and violation by the management of GP "Delta Pilot" of the labor legislation of Ukraine is noted that in turn can lead to unpredictable economic and social consequences", - is specified in the document.
People's deputies started talking about protection of national interests? But, seemingly, they have to ask questions to themselves, after all the Ministry of Foreign Affairs doesn't work properly on their fault, and the enterprise GP "Delta Pilot" remained in private in opposition with the neighboring state. The hard line in this question didn't state neither the President of Ukraine, nor the Verkhovna Rada of Ukraine, the Ministry of Foreign Affairs. But about it we already wrote a little earlier.
Deputies declare that the parliament can't be aside and not react to processes which happen today round strategically important state enterprise which influences economic security of Ukraine. Really people's deputies including nikolayevets R. Zabzalyuk, just now it understood and paid attention to existing problems? Or, maybe, there was any other reason which forced so dear people to pay attention to this enterprise?
"Under operating conditions of VSK, the Verkhovna Rada of Ukraine and society will be able to receive full and reliable information concerning activity of noted enterprise, and also to protect at the international level strategically important "Creations of a Deep-water Ship Course of the Danube River — the Black Sea" project for Ukraine. VSK is created for the purpose of granting to the Ukrainian society of reliable information on the matter and for the purpose of implementation of parliamentary reaction. Adoption of the draft of the resolution will allow to make full and comprehensive investigation of a question that represents great public interest in Ukraine and behind its borders", - is spoken in justification which was provided in the office of the Verkhovna Rada of Ukraine by initiators of this resolution.
Interestingly, what will be result of all these deputy "gestures"?
Nikolayevtsa remember history with creation of Temporary commission of inquiry which had to investigate activity of the Nikolaev mayor Vladimir Chaika. By the way, the same Roman Zabzalyuk was the initiator of its creation. Than this history so anybody ended and didn't hear.Loud statements about creation of commission of inquiry "according to Chaika", seemingly, and remained loud statements. Whether this VSK finished the work? If finished, what results of its work? To what conclusions members of this commission came? Or it still continues to work?
In it it is poorly trusted. Simply - напросто probably in Vladimir Dmitriyevich's activity anything illegal didn't find. And as they say, if didn't find, and to speak there is nothing, after all if to tell, it is necessary to apologize before dear person that suspected him of offenses. Probably, for this reason of VSK "according to Chaika" it was how loudly created, so silently and I fell into oblivion.
Achievement in Roman Emelyanovich's this direction, very, say, don't impress.
As explained, making comments on this project one of his initiators Vladimir Vecherko (fraction of Party of Regions), it is a question of intentions to check rates of channel charge for the passage of the vessels, established "the Delta - the Pilot", in particular, Bugsko - Dneprovsko - the Limansky channel.
"This state company is used, as private commercial structure. They overestimated a rate by pass of the ships on the channel - there is both private port, and the state Nikolaev sea trade port. … Today many ships refuse to pace the canal in sea trade port Nikolaeva that reduces inflow of budgetary funds to state treasury. And structures much commercially without exception complain today that there the lawlessness", - was noted by V. Vecherko.
The people's deputy declares that the rate of channel collecting is overestimated. But, as we know, channel collecting the Delta to the Pilot" gives the main profit ", and these receipts gave the chance to put this year in motion implementation of the old project of the sea approach channel of the deep-water ship course (DWSC) "Danube-Black Sea". And this project is very important for Ukraine and it isn't denied also by initiators of creation of VSK.
Interestingly, and what position on this question of representatives of local authorities? Whether will sound the vision of a situation the governor of the Nikolaev area? After all it is impossible to be silent as steadily working GP "Delta Pilot" is one of the budget forming enterprises for the Nikolaev area.
Whether "nekonstutsionny" activity of people's deputies is lawful?
It is known that on September 10, 2009 the Constitutional Court of Ukraine recognized completely unconstitutional the Law of Ukraine "About the temporary commissions of inquiry, special temporary commission of inquiry and the temporary special commissions of the Verkhovna Rada of Ukraine".
We will remind that about recognition unconstitutional the law on commissions of inquiry the president Victor Yushchenko addressed.
In the representation the head of state specified that after overcoming by parliament of the veto and after the president didn't sign this document, the chairman of the Verkhovna Rada of Ukraine behind the signature has to publish it.
"... absence under the text of the law adopted by results of repeated consideration, appropriate date and the signature of the chairman of BP, is violation by the established part 4 of Art. 94 of the Constitution of Ukraine procedures of its introduction in force that, according to part 1 of Art. 152 of the Constitution of Ukraine, is the basis for law recognition unconstitutional completely", - is spoken in a judgment.
The law recognized unconstitutional, loses action from the date of adoption of this decision by the Constitutional Court of Ukraine.
The solution of KS is obligatory for performance, finally and can't be appealed.
Such decision didn't become unexpected for Byutovts of Sergey Mishchenko who heads parliamentary Committee on questions of legal policy.
"We knew that KSU will make such decision. When this law was entered, I was sure that if someone gives to KSU idea of recognition of this law unconstitutional, KSU will have no other exit how to recognize this law that", - Mishchenko noted.
BP functions are accurately stated in the Constitution, and also is directly right both duties of deputies, and the parliamentarian can't be at the same time the investigator, the prosecutor and the investigator, Byutovets emphasized. According to him, everyone has to be engaged in the work. "Then deputies can do dredging, interrogations unless charge don't bring. Would be engaged in the direct work better and forced the same prosecutors and investigators to be engaged in the", - I explained Mishchenko's position.
Despite it, People's Deputies continue to create Temporary commissions of inquiry, thereby without listening to the supreme judicial authority in the state.
There is a logical question - whether conclusions of similar commissions of inquiry are lawful, after all by the current legislation their creation contradicts the existing Constitution. Why then to people's deputies to spend the time, after all result of their work, most likely, will be zero.
The interesting plot which will watch very interestingly twists. Time will tell …