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«Stone» of justice

The «Stone» company which is currently completing the construction process of the notorious residential building on Leninsky prospect, contrived to prove in court that it has no obligations to the previous contractor, although it practically acquired its assets for free. These assets can still be claimed by the contractor. The Arbitration court has a peculiar standpoint in this story: it affirms that “Stone” obtained its assets of a material value, however it rules out that it is not obligatory to pay for it. 

 

Someone fortunate

LLC «Stone» is unique in a sense. Initially the company had nothing to do with the Leninsky prospect house that was being constructed. After, LLC «Stroitelnie technologii» («Construction technologies») the contractor of construction works went bankrupt in 2009, it was revealed that LLC «Stone» will complete the building of the residential block. However, «Stone» obtained not an empty construction ground but rather a five-story house with a huge underground parking. The company acquired it practically for free which became possible due to the Construction Committee of St. Petersburg.

Moreover, a special government resolution was signed by then-governor Valentina Matvienko, who completed her term several days after the signing of the paper. The resolution stated that LLC “Stone” acquired long-term lease rights for the land plot under the residential complex that was being constructed. The shocking resolution had nothing to do with the law and common sense.

Initially the leaseholder of the land plot was JSC “NPO Stroitelnie echnologii” (the former construction company); therefore, for this company the lease contract was the only liquid asset it had. When “Stroitelniye technologii” company went bankrupt, it assumed that this asset will be used in order to make payouts to its creditors (JSC “NPO Stroitelnie tehcnologii” owed “Stroitelnie technologii”). However, due to Matvienko’s resolution the asset was no longer available. The shareholders were left with nothing, while “Stone” gained everything and almost for free.

“Stroitelnie technologii” filed a court claim to the Arbitration Court of St. Petersburg and Leningrad region, however the court ruling was puzzling.

 

Owing nothing

The representatives of «Stroitelnie technologii» demanded LLC “Stone” to pay out 263 mln. roubles. This amount was paid for various construction works by “Stroitelnie technologii” at the time of construction of the Leninsky prospect residential complex. Furthermore, the businessmen tried to prove an evident thing – the fact of how LLC “Stone” obtained the long-term lease rights for the land plot. This fact could only be explained as the acquisition of other’s assets and an unlawful benefication.

It seemed that the claims to “Stone” were based upon the mere common sense. Firstly, “Stone” became the owner of all the assets that could be used by “NPO Stroitelnie technologii” in order to pay out its debts to “Stroitelnie tehcnologii” and its shareholders. This would allow the latter to pay out its creditors (and most importantly, its shareholders).

Zhanna Kolosova, the Judge of the Arbitration court of St. Petersburg and Leningrad region did not even attempt to dispute the claims of “Stroitelnie tehcnologii”.

The judge reasoned in the court ruling that «Stone» acquired it lease rights for the land plot according to the government's resolution, therefore it was lawful.

Furthermore it cannot be proved that more than 260 mln. roubles that were paid by JSC «NPO Stroitelnie technolgii» were their own. The money could possibly belong to shareholders. Therefore, «Stone», according to the above mentioned resolution must solve all the questions using its own assets, including the implementation of the investment project and its financing by individuals and legal entities.

Therefore, judge Kolosova ruled out that “Stone” doesn’t own anything to “Stroitelnie technologii” and could sort things out with shareholders itself.

 

In shareholder's pockets

Probably it would be possible to accept the court's decision if not for one matter - «Stone» is not going to offer the shareholders of «Stroitelnie technologii» the apartments for the price they already paid. «Stone» offers the shareholders to accept the money as 2/3 of the whole payment and to pay the rest 1/3. A question arises: if “Stone” got everything for free, why does it avoid fulfilling its obligations to the shareholders of the company which assets they got.

It is certainly a rhetorical question, however not without a practical background to it - “Stroitelnie technolgii” are going to protest the court’s ruling in the 13th Arbitration Appelation Court of St. Petersburg.

Another fact which proves that its senseless to rely on the Arbitration Court of St. Petersburg and Leningrad region (at least on judge Zhanna Kolosova)  is that “Stroitelnie technologii” lost a suit where they claimed 100 mln. roubles from JVC “NPO Stroitelnie technologii”. The amount was found out by bankruptcy trustee of “Stroitelnie technologii”. However, judge Kolosova ruled out that this money shouldn’t be paid out because JVC “NPO Stroitelnie technologii” presented the court with the acts of transfer of work performed that were dated the same time when “Stroitelnie technolgii” paid it 100 mln. roubles. And the court limitations period has also already expired.

 

Therefore, it turns out that no one owes anything to anyone. And this story could be treated as an example of simple judicial chicanery if not for the real people who lost their own money paid for the construction of their apartments.

08.09.2013
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