Rus News Journal

The court in the neighbourhood

Volga region arbitration court in Kazan has returned business about privatisation of 6,1 % Toljattiazota on new consideration, but not to Samara, and in the Saratov arbitration court. Lawyers notice that returning of business in other district - an unusual occurrence. The cassation accepts such decision, if is not assured of legitimacy of a legal investigation in courts of the first instance and the appeal. In their opinion, Rosimushchestvo can tighten only a legal investigation, but chances to win are not present. Yesterday the Volga region arbitration court in Kazan has cancelled the decision of the Samara arbitration court from May, 29th, 2008 and the decision 11 - go appeal arbitration court from the August, 8th, 2008, recognised illegal the transaction on privatisation of 6,1 % of actions Toljattiazota has informed a press - the secretary of the Tolyatti factory Igor Bashunov. The Kazan court has returned business on new consideration already in the Saratov arbitration court.
Open Society Toljattiazot (ToAZ) - the manufacturer largest in Russia and the exporter of ammonia (occupies an order of 20 % of the Russian market and 7,6 % world). Also on an industrial complex share it is necessary on 17 % of the market of manufacture metanola and KFK. An enterprise share in the Russian market of mineral fertilizers - 19 %. In 2007 the gain has made 19,71 mlrd rbl., net profit - 3,9 mlrd later financial indicators the company does not publish rbl. Approximately 75 % of industrial complex are supervised by Vladimir Mahlaj through affilirovannye with it and his son Sergey of company Nitrochem Distribution AG, Tech - Lord SA, PPFM SA, Chimrost AG and Joint-Stock Company Toljattihimbank . About 20 % of actions of the chemical giant belongs to employees of ToAZa and a top - to managers, 7,5 % own Uralhim .
Business is in courts since 2004. In 1996 the Federal agency on management of federal property (Rosimushchestvo) has received 6,1 % of actions Toljattiazota Having given the companies of 51 % Transammonia (owns the only thing in Russia main ammiakoprovodom Tolyatti - Odessa). Then in 1996 at privatisation competition of 6,1 % of the Tolyatti factory has bought Open Company Tafko (69 % belong Toljattiazotu ) . In 2004 Rosimushchestvo has started to challenge the transaction on an exchange of actions and, accordingly, the transaction on privatisation of 6,1 % Toljattiazota . Then department proved the claims that such way of privatisation as mena actions, has not been provided by statutory acts operating for that period about privatisation .
We waited for the decision from the Kazan court in our advantage, as on the ground that earlier the transaction about an exchange of actions Toljattiazota on papers Transammonia admitted illegal, in May and August, 2008 the first and appeal instances of the Samara arbitration court recognised privatisation of 6,1 % of actions also illegal, - Igor Bashunov speaks. - However precedent on September, 30th has been created - in ultimate authority the Supreme Arbitration Court presidium recognised menu actions as lawful, on this basis we waited that the transaction on privatisation also will be lawful. We do not know, why the court has made decision again to send business on consideration as yet did not see a motivation part . Meanwhile, mister Bashunov asserts that at Tafko for a long time already there are no actions Toljattiazota . To whom and when they have been resold, he has not specified.
Igor Bashunov has assumed that business is directed on consideration to Saratov on the ground that the Samara arbitration within four years was unable understand it . To receive comments in Rosimushchestve it was not possible.
This unusual occurrence when the court transfers consideration to other district, - the head of arbitration practice " marks; Vegas - Leks Andrey Korelsky. - it becomes in the event that the legal investigation in former instances did not provide legitimacy. Thus, court vmeshivaet the third subject who can be the independent arbitrator. Thus the cassation instance very seldom makes the new decision as has no possibility to investigate the proof . According to the lawyer, the decision of the Supreme Arbitration Court on legality of an exchange of actions becomes prejuditsialnym, not demanding additional proofs, and courts of subordinate instances should use it as substantiations for the decisions. Rosimushchestva, in my opinion, have chances to tighten business, but not to win, - the mister Korelsky speaks. - the Point in business by the Supreme Arbitration Court is already put .
to Receive comments in arbitration court of the Samara region and 11 - the ohm arbitration appeal court was not possible.
Olga Varlamov