Gennady Lisovichenko - the former general director of the Antipinsky Oil Refinery, who was wanted on July 18 for suspicion of exceeding his official powers - requires $ 10 million bonuses from the plant and another $ 1.9 million in fines and penalties. This is stated in the lawsuit that Lisovichenko filed with the Leninsky District Court of Tyumen on June 14. “Vedomosti” got acquainted with the document, its authenticity was confirmed by a top manager of Antipinsky Oil Refinery. The claim is registered in the file of cases on the website of the court.
Lisovichenko led the Antipinsky Oil Refinery from 2004 to November 13 last year. He writes that on February 11, 2008, the plant’s board of directors set a task for him - by the second quarter of 2014 to bring the company into processing 7.5 million tons of oil per year, by January 2015 - 9 million tons, and by the third quarter 2018 to complete a few more installations. As a bonus, the board of directors approved him $ 10 million, which he is trying to get from November 12, 2018. The plant, according to Lisovichenko, did not fulfill its obligations, although it had to do so before November 15, 2018, so he asks the court to collect 752 , 7 million rubles.
Lisovichenko enclosed to the suit a copy of the minutes of the board of directors dated February 2008 and the award order. The copy of the protocol reflects the production results in 2014–2015, at that time there were no such clearly defined plans for the development of the enterprise, said a representative of Antipinsky Oil Refinery. He notes that the order to award himself Lisovichenko signed the day before the dismissal. “The text of the document refers to the minutes of the Board of Directors No. 14-3 dated February 2018, and at the end of the same text refers to the protocol with the same number dated February 2008. There are no protocols in the company [in the claim], there is also no information that the board of directors held meetings on the dates indicated, ”said a representative of the Antipinsky Oil Refinery.
Contact with Lisovichenko and his representatives "Vedomosti" failed. The representative of the former shareholder of the plant - New Stream Dmitry Mazurov did not comment on whether there is a decision of the board of directors of the refinery to pay remuneration. And whether Mazurov signed this decision is not known, he is under arrest on charges of fraud. A source close to the New Stream says that Lisovichenko’s previous phones are already off. In June of this year, the factory owners changed: now the main shareholders - Sberbank and Socar.
“The fact that a criminal case has been initiated against a citizen does not mean that he does not have to fulfill his labor obligations,” comments Denis Frolov, a partner at BMS Law Firm. “But if in this case, according to one of the parties, falsified evidence is presented, the interested party must declare the forgery, and the court must verify the evidence with expertise,” the lawyer says. He recalls that falsifying evidence in a civil case is punishable by a fine of up to 300,000 rubles. or seizure of the income of the convicted person for a period of one to two years.
Even if the court satisfies the requirements of Lisovichenko, Antipinsky Oil Refinery does not have such money: the company is preparing for bankruptcy, the total debt exceeds $ 5 billion, and the company’s accounts at the end of March were 735.7 million rubles. “If the court finds that the bonus is part of the director’s remuneration, then the Lisovichenko’s claim will be included first of all in case of bankruptcy, along with wage arrears. These requirements will be met before payments to creditor banks, ”says Dmitry Kletochkin, a partner at Rustam Kurmaev & Partners. “But from practice, the chances of such an outcome are very low.”
Lisovichenko led the Antipinsky Oil Refinery from 2004 to November 13 last year. He writes that on February 11, 2008, the plant’s board of directors set a task for him - by the second quarter of 2014 to bring the company into processing 7.5 million tons of oil per year, by January 2015 - 9 million tons, and by the third quarter 2018 to complete a few more installations. As a bonus, the board of directors approved him $ 10 million, which he is trying to get from November 12, 2018. The plant, according to Lisovichenko, did not fulfill its obligations, although it had to do so before November 15, 2018, so he asks the court to collect 752 , 7 million rubles.
Lisovichenko enclosed to the suit a copy of the minutes of the board of directors dated February 2008 and the award order. The copy of the protocol reflects the production results in 2014–2015, at that time there were no such clearly defined plans for the development of the enterprise, said a representative of Antipinsky Oil Refinery. He notes that the order to award himself Lisovichenko signed the day before the dismissal. “The text of the document refers to the minutes of the Board of Directors No. 14-3 dated February 2018, and at the end of the same text refers to the protocol with the same number dated February 2008. There are no protocols in the company [in the claim], there is also no information that the board of directors held meetings on the dates indicated, ”said a representative of the Antipinsky Oil Refinery.
Contact with Lisovichenko and his representatives "Vedomosti" failed. The representative of the former shareholder of the plant - New Stream Dmitry Mazurov did not comment on whether there is a decision of the board of directors of the refinery to pay remuneration. And whether Mazurov signed this decision is not known, he is under arrest on charges of fraud. A source close to the New Stream says that Lisovichenko’s previous phones are already off. In June of this year, the factory owners changed: now the main shareholders - Sberbank and Socar.
“The fact that a criminal case has been initiated against a citizen does not mean that he does not have to fulfill his labor obligations,” comments Denis Frolov, a partner at BMS Law Firm. “But if in this case, according to one of the parties, falsified evidence is presented, the interested party must declare the forgery, and the court must verify the evidence with expertise,” the lawyer says. He recalls that falsifying evidence in a civil case is punishable by a fine of up to 300,000 rubles. or seizure of the income of the convicted person for a period of one to two years.
Even if the court satisfies the requirements of Lisovichenko, Antipinsky Oil Refinery does not have such money: the company is preparing for bankruptcy, the total debt exceeds $ 5 billion, and the company’s accounts at the end of March were 735.7 million rubles. “If the court finds that the bonus is part of the director’s remuneration, then the Lisovichenko’s claim will be included first of all in case of bankruptcy, along with wage arrears. These requirements will be met before payments to creditor banks, ”says Dmitry Kletochkin, a partner at Rustam Kurmaev & Partners. “But from practice, the chances of such an outcome are very low.”
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