Russian and World NewsInfringers of a cardboard
last week the arbitration court of Moscow has considered indicative case, in which course of Rosimushchestvo makes an attempt to return to the state of 20 % of actions Arkhangelsk tselljulozno - paper industrial complex (ATSBK). Rosimushchestvo demands at Pulp Mill Holding, industrial complex under control to the majority owner to Vladimir Krupchaku, action ATSBK as harm compensation. Thus state representatives do not try to prove at all that requested by them as compensation of harm of the action have been stolen. On March, 11th representatives of Rosimushchestva already managed to achieve tap of judge Oleg Romanov considering lasting since autumn of last year case. Lawyers have doubted impartiality of mister Romanov, and the court has agreed with their arguments that occurs only in exceptional cases. Now on business other judge and if as a result the Moscow arbitration satisfies the claim in Russia the precedent considerably simplifying withdrawal of property and repartition of the property will be created will be appointed.
ATSBK - the manufacturer of a cardboard largest in Russia. In 2006 by the enterprise it is let out about 300 thousand t a tare cardboard and 834 thousand t cellulose. The gain in 2006 has made 10,97 mlrd rbl., net profit - 905 million rbl. of the Action of industrial complex are distributed so: 66,8 % belong Austrian Pulp Mill Holding GmbH, and 33,2 % own “ Kontinental Management “ Oleg Deripaska. The claim of Rosimushchestva, demanding to transfer to the state of 20 % of actions of industrial complex, it is shown the basic owner ATSBK - Pulp Mill Holding. Benefitsiarom the Austrian holding the former deputy of the State Duma, president GK " is; the Titan “ Vladimir Krupchak who formally participates in business by the third party. In quality obespechitelnoj measures the court has already arrested 20 % of actions of the industrial complex belonging Pulp Mill Holding.
As have told at the industrial complex, mister Krupchak living now in Ukraine spends industrial complex boards of directors in Vienna as has lost parliamentary immunity, and “ in Russia on it criminal cases " are got;. Really, Vladimir Krupchak and its companies appear at once in several such affairs. In particular, this business raised in March, 2000 in the relation of the former heads of committee on management of state property of the Arkhangelsk region and mister Krupchaka in connection with plunder of share holding ATSBK during privatisation. Under the version of the investigation, 20 % of actions TSBK have been illegally transferred holding “ Northern cellulose “ which Vladimir Krupchak supervised, and then became the property of some the western firms. Representative Pulp Mill Holding in Moscow arbitration Denis Arhipov has specified that Rosimushchestvo has made the present claim after numerous affairs against “ Northern cellulose “ from which the state and has not achieved return of actions ATSBK. Mister Arhipov is assured that the claimant does not have that substantiation that harm has caused Pulp Mill Holding, registered only in September, 2001: “ company Actions are not in a causal relationship with the fact of the termination of the property right of the Russian Federation on the action in 1994 as the company then did not exist yet “.
Experts in the arbitration right name the claim of Rosimushchestva unprecedented for Russia. For the first time in domestic judiciary practice the claimant demands not return of the stolen actions, and compensation of harm by granting of actions “ the same sort and quality “. As lawyers consider, the claim about harm compensation is directed on avoiding procedure of identification of the stolen actions as it is the challenge arising in affairs about return of actions. In particular, such problem has arisen in business about return to the state of 20 % of actions of Open Society “ Apatite “ recognised stolen by Michael Khodorkovsky and Platon Lebedev through Joint-Stock Company “ the Wave “. Lawyers of Open Society “ Fosagro “ the present owner of actions “ Apatite “ insist that they posess not those papers which were at “ Waves “. Thereby attempt achieve return of actions through harm compensation can to simplify their collecting. Some lawyers consider that it will break guarantees of the property existing in the law: To harm actions it is impossible, as they exist only in the electronic form, and the satisfaction of such claim will mean that actions will be simply selected at last owner without that finding-out, which actions have been stolen.