Starting from 2015, the Main Directorate of Arrangement of Forces (GUOV) waits for an advance of almost 4 billion rubles from TD Chelyabtrade, which received a number of contracts for the design and construction of buildings for the needs of the military, including the Suvorov school in the Perm region. The contract organization in court has not yet proved that it has completed the allocated funds. Meanwhile, a large number of questions are caused by the choice of the company itself, before contracts with the structure of the Ministry of Defense of the Russian Federation did not receive construction orders at all. A similar situation occurred with another contractor GUOV from the Southern Urals. Chelyabinsk Construction Company (CHSK) received an advance of 140 million. And not doing the work even for this amount, I decided to self-destruct. Lawyers point out that the actions of the owners of the enterprise can lead to disastrous consequences for themselves. In particular, the law implies subsidiary liability for those who are trying to terminate a firm without bankruptcy, despite proven debts.
AO “Main Directorate of Arrangement of Troops” (owned by the Ministry of Defense of the Russian Federation) lost about 4 billion rubles due to the advancement of construction contracts that were not executed by a contracting organization from the Chelyabinsk Region. LLC Chelyabtreyd Trading House, according to the data of the public procurement portal, was supposed to design and build buildings in the Suvorov School in the Perm Territory and in the Presidential Cadet Corps in Kyzyl (Tuva Republic). Contracts with the company concluded in 2014-2015.
The largest lawsuit, 2.2 billion rubles, was filed as part of the state order for the repair of the former barracks complex and the construction of new buildings for the residence of 500 Suvorov residents in Star Zato (Perm Territory). The contracting organization was supposed to build a training and sports building, a new canteen, an open area for training, but on time the advanced funds were not spent on construction.
GUOV filed a lawsuit demanding the return of unearned advances on government contracts with this company, but due to the introduction of the monitoring procedure, the process of recovery was postponed until the final decision on the bankruptcy lawsuit. It is noteworthy that the Moscow Arbitration Court emphasized that the state-owned company had an alternative - either to postpone the consideration of the case until the bankruptcy claim was completed, or to continue the legal process to collect money from the company, which is in critical financial condition.
As a result, the observation procedure lasts for the second year. The bankruptcy manager of Chelyabtreyd, Alexander Ivashchenko, refused by phone to comment on the true state of affairs in the company and the prospects for the defendant’s exit from the monitoring procedure. However, at present, judicial proceedings on all claims of the GUOV against Chelyabtrade have been resumed for almost 4 billion rubles. Meanwhile, the security forces have already been involved in the case. The third person in the process of the Suvorov School in the Perm Territory is the investigator of the SCh SSU of the Ministry of Internal Affairs of Russia in the Chelyabinsk Region, captain of justice Z.F. Gubaidullina. It was not possible to clarify whether a criminal case has been initiated against employees or owners of the trading house. The director and absolute owner of the company is Andrey Nikitin, who became the owner of the company in March 2014.
AO “Main Directorate of Arrangement of Troops” (owned by the Ministry of Defense of the Russian Federation) lost about 4 billion rubles due to the advancement of construction contracts that were not executed by a contracting organization from the Chelyabinsk Region. LLC Chelyabtreyd Trading House, according to the data of the public procurement portal, was supposed to design and build buildings in the Suvorov School in the Perm Territory and in the Presidential Cadet Corps in Kyzyl (Tuva Republic). Contracts with the company concluded in 2014-2015.
The largest lawsuit, 2.2 billion rubles, was filed as part of the state order for the repair of the former barracks complex and the construction of new buildings for the residence of 500 Suvorov residents in Star Zato (Perm Territory). The contracting organization was supposed to build a training and sports building, a new canteen, an open area for training, but on time the advanced funds were not spent on construction.
GUOV filed a lawsuit demanding the return of unearned advances on government contracts with this company, but due to the introduction of the monitoring procedure, the process of recovery was postponed until the final decision on the bankruptcy lawsuit. It is noteworthy that the Moscow Arbitration Court emphasized that the state-owned company had an alternative - either to postpone the consideration of the case until the bankruptcy claim was completed, or to continue the legal process to collect money from the company, which is in critical financial condition.
As a result, the observation procedure lasts for the second year. The bankruptcy manager of Chelyabtreyd, Alexander Ivashchenko, refused by phone to comment on the true state of affairs in the company and the prospects for the defendant’s exit from the monitoring procedure. However, at present, judicial proceedings on all claims of the GUOV against Chelyabtrade have been resumed for almost 4 billion rubles. Meanwhile, the security forces have already been involved in the case. The third person in the process of the Suvorov School in the Perm Territory is the investigator of the SCh SSU of the Ministry of Internal Affairs of Russia in the Chelyabinsk Region, captain of justice Z.F. Gubaidullina. It was not possible to clarify whether a criminal case has been initiated against employees or owners of the trading house. The director and absolute owner of the company is Andrey Nikitin, who became the owner of the company in March 2014.
It is noteworthy that the structure of the Ministry of Defense gave multibillion-dollar advances to the contractor who, until 2014, did not execute large government contracts. At that time, the company’s portfolio of government orders had only two contracts with the Russian Railways for about 1.5 million rubles each. In both cases, the company supplied equipment for the South Ural railway. The firm, judging by the data from the Government Procurement Portal, did not have any construction experience on government contracts in the status of a general contractor.
He was unable to fulfill his obligations for the construction of buildings of the Suvorov School in the Perm Territory and another contractor from Chelyabinsk. Currently, a lawsuit is filed by the Main Directorate of the Arrangement of Forces against Chelyabinsk Construction Company LLC. The courts of two instances confirmed the validity of the GUOV requirements for the return of an advance of 140 million rubles.
The agreement between the parties was signed on June 26, 2017. The contractor was to make the arrangement of the funds of the Perm Suvorov Military School for 304 million rubles. The contract suggested that the structure of the Ministry of Defense of the Russian Federation could advance work for 80% of their value. The work was planned to be completed at the end of January 2017, but as of the beginning of January the next movement in the execution of the contract was not planned. GUOV decided to unilaterally terminate the contract. In court, ČSK insisted that the work was not done through the fault of the customer.
Note, in parallel with the litigation with GUOV, the current owner of the company, Alexander Vorobyov, decided to liquidate the enterprise. The procedure started on November 7, 2018. The consideration of the cassation appeal of the KSC is scheduled for February 11 of the current one. According to experts, “if the enterprise was being prepared for liquidation, all valuable assets were removed from it in advance, if such assets were on the balance sheet at all. I can not say, but the structure of the Ministry of Defense of the Russian Federation has not so many chances to return the advanced funds to the budget by the decision of the arbitration court, ”the source concluded.
Managing partner of Yurliga, Ivan Volkov, meanwhile believes that this is probably one of the attempts to evade responsibility, but the process can be stopped if the declaration of liquidation is accepted.
“The company will have to submit an interim and main liquidation balance sheet to the FTS. The lender may file an objection to the decision to exclude the legal entity from the register. In general, the director and founder of the company may be brought to subsidiary liability, since upon detecting signs of financial insolvency within a few months, they had to file for bankruptcy themselves, ”concluded Ivan Volkov.
He was unable to fulfill his obligations for the construction of buildings of the Suvorov School in the Perm Territory and another contractor from Chelyabinsk. Currently, a lawsuit is filed by the Main Directorate of the Arrangement of Forces against Chelyabinsk Construction Company LLC. The courts of two instances confirmed the validity of the GUOV requirements for the return of an advance of 140 million rubles.
The agreement between the parties was signed on June 26, 2017. The contractor was to make the arrangement of the funds of the Perm Suvorov Military School for 304 million rubles. The contract suggested that the structure of the Ministry of Defense of the Russian Federation could advance work for 80% of their value. The work was planned to be completed at the end of January 2017, but as of the beginning of January the next movement in the execution of the contract was not planned. GUOV decided to unilaterally terminate the contract. In court, ČSK insisted that the work was not done through the fault of the customer.
Note, in parallel with the litigation with GUOV, the current owner of the company, Alexander Vorobyov, decided to liquidate the enterprise. The procedure started on November 7, 2018. The consideration of the cassation appeal of the KSC is scheduled for February 11 of the current one. According to experts, “if the enterprise was being prepared for liquidation, all valuable assets were removed from it in advance, if such assets were on the balance sheet at all. I can not say, but the structure of the Ministry of Defense of the Russian Federation has not so many chances to return the advanced funds to the budget by the decision of the arbitration court, ”the source concluded.
Managing partner of Yurliga, Ivan Volkov, meanwhile believes that this is probably one of the attempts to evade responsibility, but the process can be stopped if the declaration of liquidation is accepted.
“The company will have to submit an interim and main liquidation balance sheet to the FTS. The lender may file an objection to the decision to exclude the legal entity from the register. In general, the director and founder of the company may be brought to subsidiary liability, since upon detecting signs of financial insolvency within a few months, they had to file for bankruptcy themselves, ”concluded Ivan Volkov.
