The TFR completed the investigation of the criminal case of embezzlement of budget funds allocated for the construction of the flagship nuclear-powered icebreaker LK-60YA Arktika. The fraud is accused of the director general of the Baltic Hydraulic Equipment Plant (BZGO) Alexander Kharitonov, whose company, according to investigators, did not deliver pumps for the manufacture of a steam-turbine unit (PTU) to Kirovsky Energomash, a subsidiary of Kirovsky Zavod, ". Verification, the results of which became the basis for the investigation, was carried out on behalf of President Vladimir Putin, who was informed about the failure to deliver the "Arctic".
Kommersant was informed by the Prosecutor General's Office of the Russian Federation that the supervisory authority fulfilled President Putin's order to conduct inspections of the construction of the icebreaker Arktika. The order was given to the Accounts Chamber, the SCR, the FSB and the prosecutor's office after last year the president was informed about the impossibility of executing the contract on time, and the icebreaker's delivery was postponed from 2017 to 2019.
"Violations of the requirements of the legislation on the state defense order, procurement, competition protection, joint-stock companies, industrial policy, negatively influencing the construction of new generation nuclear icebreakers were revealed," the Prosecutor General's Office noted, adding that the criminal investigation was initiated by the criminal the case of theft by the counterpart "Kirov-Energomash" (KEM, produces for the icebreaker steam-turbine units) budgetary funds.
According to Kommersant's information, it is a question of investigating fraud involving intentional non-fulfillment of contractual obligations in the sphere of entrepreneurial activity in a particularly large amount (Part 7, Article 159 of the Criminal Code) conducted by the Investigation Department of the TFR in the Kirovsky district of St. Petersburg.
The accusation in this crime was brought to the general director of the BZGO Alexander Kharitonov, whose company in April 2014 entered into a contract with KEM to supply nutrient pumps for the vocational school of the nuclear icebreaker Arktika.
Under the terms of the contract, the cost of which amounted to 194.7 million rubles., The manufacturer, who received an advance of 97 million rubles., Was to pump out by the summer of 2015. However, BZGO tore down the delivery time. Mr. Kharitonov explained this by a cash gap: part of the advance was spent on completing other projects that were simultaneously performed by the company - for Leningrad NPP-2 and Novovoronezh NPP.
In the summer of 2015, Alexander Kharitonov asked the customer to give him another advance payment of 40 million rubles. and postpone the deadline for delivery in February 2016, but the KEM refused and terminated the contract, after which they entered into a new contract with JSC GMC Livgidromash (Livny, Oryol region). At the same time, OJSC "Kirovsky Zavod" claims that Alexander Kharitonov was not able to confirm the fact of the work.
To date, the decision of the Thirteenth Arbitration Appeals Court has come into force, recognizing the legitimacy of the treaty's termination and obliging BZG to return the customer 97 million rubles. advance payment. The supplier who did not return the money goes through the bankruptcy procedure initiated by the CEM.
In the USC they told Kommersant that the pumps ordered from Livgidromash were delivered to the plant as part of the first vocational school. The second vocational school for the icebreaker is on tests at the stand "Kirov-Energomash".
JSC Baltiysky Zavod is obliged to complete the icebreaker by the summer of 2019, but, according to Kommersant sources, due to the failure of the delivery of the second vocational school, the timing of its delivery may again shift.
According to the investigation, Mr. Kharitonov had intentions to take possession of Kirov-Energomash's means, he did not fulfill his obligations to the customer, which caused him major damage. In this case, the entrepreneur himself insists on his innocence. Alexander Kharitonov explained to Kommersant that the findings of the investigation are refuted by the very materials of the case. "Technical documentation was developed for pumps, an electric motor, a contract was signed to check developments by the Maritime Register, documentation was agreed, contracts for the supply of components were concluded with subcontractors, a test bench for equipment was modernized, part of the parts was even received by us. All the information about this is available from the investigation, "the defendant explained.
Now the investigation of this case is completed, Alexander Kharitonov and his defender Alexander Firsov get acquainted with the case materials. "The evidence does not confirm the guilt of my client," said the lawyer. According to Mr. Firsov, the investigation needed to prove that the entrepreneur had no opportunity in advance and was not going to fulfill contractual obligations. "However, the position of the investigation contradicts the objective picture: the enterprise had the necessary material and technical base, personnel and experience in this area." In addition, the lawyer draws attention to the complexity of the contract itself, which although it was concluded as a supply contract, but its subject was not just the supply of equipment that could be purchased, but it had to be developed in accordance with the technical task of the customer, carry out the test and only then put.