Kremlin 1,5 billion
the Court has supported Sergey Pugacheva in dispute with the Ministry of Finance
On Friday Arbitration court of Moscow partially has satisfied Open Company claim “ Average trading numbers “ eks - senator Sergey Pugacheva, having decided to collect from the Ministry of Finance 1,5 mlrd rbl. Initially the claimant wanted to return 3,6 mlrd rbl. which has spent for reconstruction of a complex of buildings of Average trading numbers on Red Square. Representatives of the ministry consider these claims unreasonable and intend to appeal against against a judgement. Meanwhile session is appointed to August, 22nd under the similar claim of the company to the Ministry of Finance: this time she demands to collect already 41 mlrd rbl.
Open Company “ Average trading numbers “ it has been created by structures of Incorporated industrial corporation (OPK) eks - senator Sergey Pugacheva specially for reconstruction of buildings of the former Average trading numbers to the address: Red Square, 5. The project has received the name “ Kremlin “. It was supposed that there will appear five-stars hotel on 158 numbers the area of 32 thousand in sq. m, multilevel apartments on 25 thousand in sq. m and a parking on 14 thousand in sq. m. In property OPK apartments and a parking, and hotel should pass - to get upravdelami the president.
However in 2010 the buildings which were under the authority of FGUP “ the Federal complex “ Kremlin “ with which concluded Open Company investment contract “ Average trading numbers “ have been transferred FSO. The company - the investor has counted the contract stopped of - for impossibility it to execute and has tried to obtain from the state in the name of the Ministry of Finance compensation at a rate of 12 mlrd rbl., but, without having achieved it, has addressed in court.
On Friday the Arbitration court of Moscow has partially satisfied Open Company claim “ Average trading numbers “ also has obliged to collect from the Ministry of Finance 1,5 mlrd rbl. of expenses under the developer project on Red Square. Meanwhile the claimant estimated the expenses under the project in 3,6 mlrd rbl.
It any more the first trial under the claim. For the first time structure OPK has submitted it in March, 2011 (see daily from 10. 03. 11). Then the court has collected from the Ministry of Finance in favour of Sergey Pugacheva`s company 1,6 mlrd rbl., however the respondent has challenged this decision in cassation instance then in December of last year business have directed on new consideration.
the Representative of the Ministry of Finance has assured daily, as this time the judgement will be appealed against, as soon as the respondent will receive full motivirovannyj the text of the judicial certificate. “ we will appeal against against it or in full, or in its part “ - the interlocutor daily has declared.
Lawyers of the Ministry of Finance assert that the claimant has not confirmed the expenses, the part of means is already compensated, and term of limitation of actions is passed. Besides, representative FGUP “ the Federal complex “ Kremlin “ Acting as the third party in business, has noticed that a number of the expenses specified by the claimant is not connected with investment expenses, and the investment contract does not correspond to law requirements.
the Ministry of Finance has chances to challenge the arbitration decision once again, the chairman of the Moscow Bar " is assured; Nikolaev and partners “ Yury Nikolays: “ As the legal investigation is at the first stage, the Ministry of Finance has a procedural right a tax both appeal, and the appeal “. At the same time the lawyer has paid attention that documents to which shortage by the previous legal investigation the cassation instance referred, most likely, have been given by the claimant by a new legal investigation.
Besides, consideration of one more claim of Open Company is appointed to August, 22nd “ Average trading numbers “ to the Russian Federation in the name of the Ministry of Finance - on 41,06 mlrd rbl. And on August, 20th the company claim about own bankruptcy should be considered. However it will not affect in any way a course of consideration of the claim to the Ministry of Finance, Yury Nikolays is assured.