KokhKokh`s Answer to friends Dorenko
Kokh`s Answer to friends Dorenko
TV presenter Sergey Dorenko has accused vitse - the prime minister and head GKI Alfreda Kokh that its department prepares investment competitions under “ the friends “. Representatives GKI and the Russian Federal Property Fund deny presence of such friends. In their opinion, business in other - in tears in the privatisation legislation thanks to which there can be a paradoxical situation. If the winner of competition has listed money in time, it means is pure before the law. And control over target use of means is already care of the state.
the State Property Committee repeatedly and from different political poles accused that privatisation is spent in interests of the commercial structures closest to a management of department. Now ORT has actually accused vitse - the prime minister and head GKI Alfreda Kokh of special relations with Vladimir Potanin. Thus speech in ORT transfers went not only about the scandal connected with “ Svyazinvest “ but also about stories of three-year prescription - investment competition on 41,5 % of actions of Cherepovets joint-stock company “ Nitrogen “ which the company " has won; the First national bank trust “ on 50 % belonging to ONEXIMBANK.
to Alfredu Kokh hints on communication with Potanin, naturally, are not pleasant. But also it is not going to do public refutations. As the seller of state blocks of shares of actions at auctions is the Russian Federal Property Fund, from it and demand. And GKI answers only for frame conditions of privatisation competitions. As a result of such differentiation of powers of privatisation departments all blow on itself took the chairman of the Russian Federal Property Fund Igor Lipkin. First of all the fund has submitted the claim to arbitration court of Moscow about cancellation of the contract of purchase and sale of a share holding of joint-stock company “ Nitrogen “ at the investment competition spent on October, 17th, 1994. The first judicial session on July, 17th, 1997 the Russian Federal Property Fund has lost. The court verdict is based that on Russian GK (item 307 - 310, 314, 316 and 401) and to the law “ About investment activity in RSFSR “ (item 5) no-purpose use by the emitter (in this case it “ Nitrogen “) The money resources which have arrived from the investor (actually as it acted ONEKSIM), “ is not infringement by the investor of the treaty obligations “. According to Vladimir Potanin, its financial group has completely satisfied all conditions of investment competition and has listed $100 million “ to Nitrogen “ however it did not manage to find common language with a management command of the enterprise. Now the exit is found: a share holding got “ the First national bank trust “ has been transferred in trust management FPG “ Interhimprom “ one their two largest manufacturers minudobreny in Russia.
the head of the Russian Federal Property Fund Igor Lipkin in conversation with the correspondent asserted that its department will necessarily appeal in arbitration of the second instance. As he said, the court could consider and requirements of item 1 of the law “ About investment activity in RSFSR “ According to which investment activity is understood as set of actions on “ realisations of investments “. Default of the investment program on enterprise modernisation - is available. After all on competition conditions it was necessary to buy and establish the new equipment. That just also it has not been made. However, the fault for it lies not only on the winner of competition, but also on the emitter - joint-stock company “ Nitrogen “ submitting to state bodies reports on receipt of means from the investor. The blank in the privatisation legislation consists, according to Lipkin, just in absence of necessary control over activity and the investor, and the emitter. Such control should be created according to the new law on privatisation.
so, both Kokh and Lipkin recognise that the today`s legal base of investment (commercial) competitions, to put it mildly, is imperfect. If to call things by their proper names, a situation when conditions of these competitions are made with orientation to in advance known winner, it is quite real. What will change in the future? On the one hand, obvious legal holes will be patched. With another - the new mechanism of control will be created by the same departments - GKI and the Russian Federal Property Fund. And it means that the open space for actions of lobbyists remains former. It would not be, if the control mechanism has been registered in the law. While the future position can be characterised a classical phrase: “ Take from them this marriage and give out them another “.
KONSTANTIN - LEVIN