Condemned for raiding Evgenie Sedykin gave testimony against the family Makhlaev

The minority shareholder of JSC TogliattiAzot, who was convicted earlier for 4 years, testified against the main owners of the chemical company, who allegedly stole 85 billion rubles in 2008-2011. The victims in this case are not only Sedykin, but also "Uralchim" Dmitry Mazepin.
06.08.2018
Kommersant
Origin source
In the Komsomolsk district court of Togliatti, as part of the trial of former managers of TogliattiAzot, an interrogation of the minority shareholder of the enterprise, Yevgeny Sedykin, took place. The scandalous situation is that in July 2017 Sedykin received four years of probation on probation in an attempt to raider capture of the enterprise. In the court of the current trial, Sedykin petitioned for the attachment to the criminal case of materials on which he had previously been convicted, as well as brochures on the privatization of the enterprise, written under the pseudonym Gleb Zheglov. According to experts, the submitted materials will not have any impact on the process, but will only be taken into consideration.

In the Komsomolsk district court of Tolyatti, the interrogation of the minority shareholder of PJSC "TOAZ" Yevgeniy Sedykin completed, which owns 0.00019% of the company's shares. He was recognized as a victim in the criminal case against former heads of PJSC "TOAZ" Vladimir and Sergey Makhlaev, former general director of the company Evgeniya Korolev, and also owner of Nitrochem Distribution AG Andreas Tsivi and director of Nitrochem Distribution AG Beata Ruprecht. All defendants are outside of Russia.

According to the investigation, from 2008 to 2011, the leaders of TogliattiAzot stole all the ammonia and urea produced by the company and sold it to Nitrochem Distribution AG, which then sold the products at a market price. The investigation believes that the income so obtained in the amount of 85 billion rubles. was appropriated by the accused. The defense claims that the company received more than 65 billion rubles. proceeds, and the calculation of the cost of allegedly stolen goods, made at the investigation stage, is made with mathematical errors and is unreasonable.

In addition to Mr. Sedykin, the company Uralkhim, which owns 9.97% of the Togliatti enterprise, was recognized as a victim during the investigation. Along with them, Tolyattiazot himself was also recognized as a victim in the case, although the enterprise repeatedly stated that he had no claims to the accused.

The court in this case began in February this year. Earlier, the testimony was given by the deputy legal director of "Uralkhim" Andrei Yermizin. He said that Uralkhim conducted its own investigation into the Togliatti enterprise, during which it was found out that the TOAZ products are exported only through the company Nitrochem Distribution AG, and at reduced prices, and for the product, only a "small part" was received as payment real cost, necessary to continue the work of the enterprise. Mr. Yermizin said that Uralkhim has filed civil claims amounting to 10 billion rubles. as compensation for damage to the company itself as a shareholder of TOAZ and 78 billion rubles. as compensation for damage to Togliatti Azot. Mr. Yermisin also presented to the court illustrated schemes of affiliation and control of TOAZ shares through offshore companies.

In July, the materials of the criminal case were closed. In the course of the announcement, the defense side repeatedly pointed out that prosecutors refer to the abrogated normative acts and unconditionally take the position of "Uralkhim". The lawyers of the accused petitioned for the withdrawal of representatives of the prosecutor's office, but the court rejected the challenge.

In addition, lawyer Andrei Moskovsky, representing Yevgeny Korolev, said that the Word file containing the indictment (his copy was received by e-mail) was created by Uralchem. Representatives of Uralkhim were surprised that this fact is known to Mr. Moskovsky, but did not comment on the creation of the file. During the announcement of the documents, the lawyers of the accused repeatedly stated that prosecutors are not familiar with the materials of the criminal case.

In July, the 75-year-old minority shareholder of TOAZ, Yevgeny Sedykin, filed a civil action to recover damages from the actions of ex-company executives in the amount of 2.8 billion rubles. Mr. Sedykin made his calculations on the basis of previously calculated losses of Uralkhim, while the minority shareholder took into account the number of shares he allegedly owns.

Representatives of Uralkhim agreed with his arguments, but the defense and Togliattiazot representatives were against the adoption of the claim, noting that Mr. Sedykin incorrectly indicated the number of shares owned by him, and the specified amount of damage was generally called absurd. The lawyer of Vladimir Makhlay Inna Tikhomirova suggested that Sedykin thus wants to enrich himself with shares through a court decision, and Moscow lawyer in these actions of the shareholder sees the continuation of his attempts to establish control over the enterprise. In 2017, Yevgeny Sedykin was sentenced probation on charges of attempted fraud, falsification of the unified state register of legal entities and forgery of official documents. As established by the investigation, he tried to raid the capture of the Togliatti plant.

In addition, Sedykin was found guilty of attempted fraud. According to the press service of the enterprise, he tried to acquire rights to money funds of OJSC "TogliattiAzot" in the amount of more than 6 billion rubles. and shares of the company owned by other shareholders.

In court, Sedykin petitioned to attach to the current case documents in the criminal case on which he was convicted, as well as pamphlets by Gleb Zheglov, which contain information on the privatization of the enterprise. As Yevgeny Sedykin said in court, he personally is the author of the brochures.

The defense was against inviting these documents to the case. "Documents are a work created by Eugene Yakovlevich, the fruit of his imagination, fantasy, although he says it is his intellectual property. There are articles from the mass media, procedural documents from another criminal case, not related to the subject of evidence in this criminal case. None of the submitted materials does not possess the requisites of the document, as it is not certified by the proper person. The submitted bank statements show the state of things, four years later than the incriminated period. In addition, the minutes of the TOAZ shareholders' meeting, both by date and by content, have nothing to do with the events investigated in this court session. In such circumstances, these documents are not admissible and attributable to evidence. Therefore, the involvement of these documents should be refused, "said Sergei Makhlay's lawyer Alexander Gofshtein. However, the judge decided to attach the documents to the case, saying that the assessment would be given later.

According to Dmitry Gorbunov, partner of the legal company "Rustam Kurmaev and Partners", the Criminal Procedure Code of the Russian Federation does not contain a ban on participation in the case as a victim of a person convicted earlier. "Of course, this looks curious, but it's better to say that the" wheel of legal karma "has made a full turn," Mr. Gorbunov said.

"The facts stated in the documents may not affect the course of the process in any way, but will only be taken into account," believes Dmitriy Shevchenko, a partner at the Zamoskvorechye legal bureau. The lawyer does not see anything illegal in the participation of Sedykin in the process as a victim, although he notes that such cases in legal practice are not often met.

Crime

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