The Austrian firm has killed the competitor
In what degree the general confidence that at the enterprises " is proved; oboronki “ there is a large quantity supervaluable scientifically - technical workings out, to tell difficultly. But it is clear that which - that is. And for domestic economy it would be very important, that these achievements were not gone.
but the inconceivable confusion reigning now in departments - yes together with full contempt for subtleties of the privatisation legislation - do access to such workings out very easy: though for the dashing businessman who has looked for a building of design office for a warehouse or hotel though for the competitor of the KB wishing workings out to pocket, and the competitor to clean. The interesting example such is considered now spetsprokuraturoj St.-Petersburg, knowing especially regime objects: some days ago Goskomoboronprom of Russia has sent there corresponding representation with all documents.
on history of a premature demise of the Petersburg special design office (special design bureau) “ Micron “ it is possible to look on - to a miscellaneous (we will state all points of view), but the fact, alas, is not subject to doubt: this death has occurred.
in 1992 Sankt - the Petersburg committee on management of state property (KUGI) has made the decision on special design bureau privatisation “ Micron “ a monopolist in the field of creation holographic koordinatno - measuring systems. The labour collective of special design bureau has not accepted the plan of privatisation offered KUGI. The local fund of property has returned the privatisation plan in KUGI, but that, without changing documents, has again directed them to fund, referring that terms of consideration of the plan and conclusion removal by labour collective have not been observed. As a result has put has come to an end that special design bureau “ Micron “ it has been sold to a certain joint venture. And the director " supervises over this joint venture, on strange coincidence; Micron “ - now, however, already former director.
has therein occurred much enough if not law infringements, at least doubtful episodes (judicial proceedings still go, therefore poosterezhemsja to foresee their results). The rests of labour collective on which party and Offices of Public Prosecutor (and spetsprokuratura Leningrad region, and usual, civil), about one year fight for that the transaction on privatisation of property of special design bureau recognised as illegal and have cancelled all documents concerning this business. While appreciable shifts are not present. Struggle is continued by the former chairman of the council of labour collective “ Micron “ Alexander Markov now working in firm under which orders the special design bureau also did in due time the kontrolno - measuring systems.
as the train
to the Correspondent g left - n Marks has told some entertaining details. “ - unique in own way, and it it is necessary to consider our special design bureau further, so far as concerns that with it have made... We were monopolists in working out and manufacture holographic koordinatno - measuring gauges which are applied in prompting systems, in systems of readout of machine tools with CHPU and etc. the special design bureau had the nou - hau, 20 copyright certificates, to disorder worked for us experts of the highest class. “
since 1988 “ Micron “ entered in scientifically - production association “ the Red dawn “. In 1990 NPO by the decree of the president (still allied) it has been dismissed (started then to sit the commission on liquidation NPO works till now), and the special design bureau was started up in free swimming under the direction of Yury Baranova, year before appointed the director.
in March, 1992, continued g - n Marks, the director has collected meeting and has told approximately so: “ Children to live to us there is nothing. Let`s be privatised. There is a western investor, it will make injections on competition conditions, and we will well live. But the western investor wants to own a controlling interest. Let owns “. The investor was understood as the Austrian firm OWEBU Handelsagentur GmbH with an authorised capital stock of 500 thousand the shillings, headed g - zhoj Camilla Hulman.
that the special design bureau was to the beginning of 1992 “ there is nothing to live “ according to workers “ Micron “ objective circumstances are guilty at all only. “ As I have then found out through knowing people in the ministry, - remembered g - n Marks, - OWEBU - the intermediary (yes it and under the name is clear.-), representing interests of one known German firm which makes gauges similar to ours. Only accuracy at them on two order more low, and the holographic principle is not put... Our heads have gone to Yugoslavia and Bulgaria where carried on negotiations about joint workings out with the intermediary firms also representing interests of Germans. And after a trip to Yugoslavia in 1990 all our contractual works - and we have been provided by them till the end of 1997 - have been curtailed. Why? It is possible to guess only... “
“ all contracts what were, Rams began to close on stages. Will close a stage, and the further stage any more does not carry out... Has started to reduce and dismiss workers. The salary has ceased to pay (from May till October, 1990 we it at all did not receive), is shorter - has started to smother own organisation, leading up it to full breakdown. Sabotage in the pure state! Many former our employees can confirm it. On February, 1st, 1993 the director has been removed by Goskomoboronpromom ` for default of contract obligations `, but by then it any more did not excite him, as he has headed the joint venture which began to dispose of our property. “
but - all one after another. We will return to meeting about which there was a speech above. On it the director has suggested labour collective to be privatised through commercial competition. On conditions of competition the buyer of special design bureau has been obliged to grant investments for the sum $20 million There and then obligations to keep the basic subjects were said, to give to workers all blessings and privileges. And at the same meeting the collective has agreed with the offer g - on Baranova to organise joint-stock company of the closed type “ the Austrian business - the centre “ (“ AVS “) - with a controlling stock at that Austrian firm. And business was started turning: AVS has been created, g - n Rams became its general director, and the demand for privatisation “ Micron “ has gone in KUGI.
on July, 7th, 1992, at the first session of the commission on special design bureau privatisation the essential disagreement between labour collective and the director (with which management KUGI has agreed also) concerning competition conditions was found out. It has appeared that g - n Rams has deleted from conditions the requirement to keep an enterprise profile. Constant conversations of the director on iridescent prospects of trade in foreign cars, vodka and sausage became clear, premise uses under warehouses - and etc.
G - n Marks as chairman STK has refused to sign the privatisation plan in which already it has been told nothing about preservation of subjects and a profile of works of bureau. He has addressed to Alfredu Kokh, vice-president KUGI of that time (present vice-president GKI). G - n Kokh has told that week term during which the collective could challenge the plan of privatisation signed by committee, has already expired. Actually under the Law on privatisation the collective could demand increase in term about two weeks and then its protest was not late, but as - that nobody has remembered it. And in KUGI have drawn up the statement about the expiry of the term of consideration of the plan of privatisation by labour collective. The plan has arrived for execution in Petersburg fund of property in an invariable kind: instead of record about preservation of a profile of the enterprise the point on preservation of treaty obligations appeared in it at the moment of plan signing only.
business has gone on naezzhennoj to a track: there was a newsletter of Fund of property with the competition conditions which summarising was appointed to September, 28th, 1992.
as the train has left
Collective “ Micron “ - More precisely, that from this collective remains - has begun to defend the correctness. The first step was, appear, successful. G - n Marks has addressed to the vice-president of local fund of property Anatoly Pejbo and has managed to convince him that such manerom to sell special design bureau it is impossible. On September, 24th, 1992 g - n Pejbo has signed the conclusion according to plan of privatisation in which it was specified in necessity to suspend competition carrying out on special design bureau “ Micron “ and to finish privatisation documents. And with such conclusion a package of documents on “ to Micron “ has returned in KUGI. But this success became for collective to the last - at least while.
the Returned documents pokantovalis in KUGI month - another - and again, on a letter without having changed, have appeared in property fund. In department of competitions and fund auctions have judged that as in the conditions of competition all remains on - former there is no need it anew and to declare, and it is necessary to open envelopes with the demands submitted in the summer. And have made - and without any additional publications in newspapers on December, 24th, 1992 “ Micron “ has been sold to that joint venture “ AVS “ led by g - nom Baranovym. And the sale fact was preceded by rather mysterious history.
the winner - that of competition has appeared certain Russian - the German joint venture “ Ninshants “ (Nienschanz) which rented at special design bureau a warehouse in Soviet period. The joint venture “ Ninshants “ has agreed with competition conditions, has brought necessary letters of guarantee, has offered 18 million roubles (the initial price - 845 thousand roubles) and has won competition. Next day the representative “ Ninshantsa “ has brought to fund of property the letter with refusal of purchase: have changed the mind. And after refusal “ Ninshantsa “ the second participant, that is just " became the winner of competition; AVS “ offered it is much less - 2,5 million roubles. With “ AVS “ also the purchase and sale contract has been concluded.
So who became the new owner of special design bureau? Founders of the joint venture - special design bureau “ Micron “ (that is the director), the Austrians (OWEBU, having 75 %) and commercial bank “ the Orbit “. Zanjatno that legality of registration of this joint venture also can be called into question. The matter is that among the documents necessary for its registration, the permission of Goskomoboronproma was required - and such permission was not and is not present...
That “ AVS “ has got for two and a half one million roubles? A complex of buildings leaving on the Vyborg quay where there is no time (both at old, and at new modes) the hospital took place. The court yard is set by old trees, in the centre - a fountain. However, not in trees and fountains an essence. An essence even not in unique, made on spetszakazam the equipment of which was much. An essence, naturally, in buildings, and first of all - in biggest of them, P - the figurative three-storyed house constructed still in the last century.
Already on January, 5th, 1993 the joint venture “ AVS “ has spent general meeting of shareholders on which the special design bureau " has been decided; Micron “ to liquidate, for what to create the liquidating commission. On February, 16th the joint venture has addressed to the Petersburg authorities with the request to exclude special design bureau “ Micron “ from the state register - and on March, 18th, 1993 prosimaja procedure has been spent.
was special design bureau “ Micron “ engaged it did not become holographic gauges, - also. From former collective of the special design bureau totaling prior to the beginning of ruin more of hundred persons, remains five: the director, the chief accountant, the secretary and two programmers. The others have dismissed, having paid the severance pay for two months.
but there was a firm “ AVS “ in which charter by the first of nine lines of activity it is named “... Major repairs of ancient buildings... And their subsequent operation as hotels “ But of the ninth - after services in the field of advertising and foreign trade activities - it is proud it is entered “ assistance in frameworks of the possibilities to working out of production representing commercial interest “. Perhaps to show optimism, it is possible to consider that it - about gauges. Instead of it is necessary - and it is not necessary.
As the left train try to stop
That begins - yes is not present, what became - with nou - hau the settled special design bureau? Clearly that: by the right of assignment has departed to “ AVS “ which can tyre out all it (if it “ will present commercial interest “) To everybody: though to the same German competitor “ Micron “ though on paper for recycling.
if all - taki is interesting to somebody, whether fruits of workings out of special design bureau to its competitors, so after all on that is the firms specialising in area of the information on industrial espionage have left. For some days such firm, probably, would understand, whether stood behind the back iskorenitelej “ Micron “ its competitors. A trouble only that this sort of services
cost a heap dollars which are not present at the former workers of special design bureau, possibly, at Goskomoboronproma, their former customer, at the Office of Public Prosecutor, engaged in this started business.
here, by the way, it is a high time to remember the defensive heads: where it looked? To tell the truth, position KUGI in this business is much more clear: people did for what them have employed - sold the state property. Yes, with fair quantity of deviations from statutory acts, yes, not too listening to opinions of opponents - but, anyway, they though did the part.
Alfred Kokh, in present quality of vice-president GKI knowing privatisation VPK, at the desire of the correspondent has remembered history from special design bureau “ Micron “. G - n Kokh at all did not deny possibility of that in this business KUGI could commit an error, but has quite logically proved selected it then a position: “ I very much treat kindly department of Deaf persons (chairman Goskomoboronproma.-), me even it is frequent for it in GKI reproach, naming a conductor of their interests. But at all my good relation to Victor Konstantinovichu and its department, I can assure you that actually they frequently strongly exaggerate uniqueness of domestic workings out. After all degree of uniqueness of this or that product is defined not by quantity of the decisions which have been let out in its occasion. It is possible not to let out any decision, but to allocate money - and a product will appear... If deaf persons or the department subordinated to it promsvjazi Goskomoboronproma considers that these workings out are unique, they should turn over upside down, but find for them money. “
and with it it is difficult to argue: if not beggarly financing, hardly probable would be possible to persuade special design bureau collective to be given on will of the first Austrians who have come to them.
and here a position of defensive departments in the history of unfortunate “ Micron “ is much less clear. In a statement g - on Markova it looks so. “ Where defensive departments to which we belonged at that time looked? The ministry of the industry of communication facilities at that time has already broken up, the department practically did not function; Deaf persons then was first deputy Titkina in Minprome, and all letters which we sent to Moscow, settled at Sergey Gromova, in department of the industry of communication facilities of again created Goskomoboronproma then there there was a reorganisation existing before structures. Thunders was ill at that time, and control as a matter of fact behind all our department it was not conducted... “ here so - that. There was no position - so, razunikalnuju working out nevozbranno any interested person could slam any, be it the competitor or the simple passer-by.
however, togda “ Micron “ already liquidated, position has sharply changed. Again a word to Alexander Markovu.
“ Suddenly in January, 1993 a call from the chief of central administrative board of the industry of communication facilities Goskomoboronproma Victor Spitsyn (it has replaced on this place of Gromova). It appears, they only - only have finished - taki the reorganisation, and Spitsyn was reached by all folder of my letters which I sent still to its predecessor. ` Come, - Victor Georgievich speaks, - we will urgently understand with this disgrace! ` It same month has removed Baranova from a post of the director of special design bureau, and since then we with it, it zamom Yury Smirnovym and with spetsprokuraturoj we do not stop struggle “.
We will not press in peripetias of judicial proceedings: not one round has already passed them (while unsuccessfully for were mikronovtsev) and, probably, not one still is necessary. According to the majority of the lawyers who were getting acquainted with this business, it for “ Micron “ certainly advantageous: Very much it has been much done small and large infringements of the law. Here one of them: on December, 24th, 1992 the purchase and sale contract " is signed; Micron “ the joint venture “ AVS “. On January, 12th, 1993 the joint venture the state registration number is assigned. Under the law the property right arises at the buyer from the moment of the state registration. That is on January, 5th “ AVS “ well in any way had no right to make the decision on special design bureau liquidation “ Micron “ - one this fact it can appear enough to restore the status of state enterprise of special design bureau “ Micron “.
Experts, from its part, are ready to throw to claimants and still argument. Under the purchase and sale contract “ AVS “ was obliged to invest in $20 million special design bureau - including $6,34 million within the first year. Year has already passed - and six millions dollars as it is easy to see even in a photo published here while does not smell. Here and the sufficient basis for contract cancellation. And neither it is not necessary to speak about industrial espionage, nor about doubtful decisions of various departments.
we are inclined to trust: legal problems razreshimy. Both liquidation, and special design bureau sale “ Micron “ it is quite possible to cancel. Whether here there will be from this an advantage - a question.
Makarenkovsky pupils as - that have dragged away some beehives from the next village at night. Next morning participants of a robbery have been without effort defined on the physiognomies which have swelled from stings, but confusions have not shown: “ We wanted and to get at us an apiary but if do not want - we will carry back. “ - that you will carry? Honey is eaten, bees have scattered, beehives are broken... - “ well, we wanted as better. “
as, it is possible to be afraid, leaves and with “ in Micron “: what, actually, it will be received from present owners? The semidisassembled house? The sold or taken away equipment? The dispersed collective? Representatives of Goskomoboronproma, however, consider that unique special design bureau nevertheless vosstanovimo. The Deputy chief of Central administrative board promsvjazi Yury Smirnov has told to the correspondent: “ At us in branch now sixty seven special design bureaus, and any is not going while to die, all work. By the way, and twelve former subjects ` the Red dawn ` too work now, receiving means from the budget, and nobody dies, except for special design bureau ` Micron `. Certainly, hard, but to whom it is now easy? “
that - give to them God.
ALEXANDER - HALTS, ANDREY - CHERNAKOV