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The court. Constructing the communism

„Stone“ construction company acquired the building on Leninsky prospect without actually paying for it and now sells the apartments to shareholders who already made their payments to the other construction contractor. Moreover, “Stone” does not intend to reimburse the costs to the initial contractor. Such “communism” situation was made possible by the Arbitration Court of St. Petersburg.

 

Rights with no responsibilities

We already reported about the court ruling of Zhanna Kolosova, the judge of the Arbitration Court of St. Petersburg and Leningrad region, who has actually made a communism situation for “Stone” company, which constructs a residential complex on Leninsky prospect (http://oglaskaspb.com/eng/kommuna/a157/). In appellation claim the representatives of the initial construction contractor – LLC “Stroitelniye Technologii” (“Construction Technologies”) pointed out at evident inconsistencies that were made in the trial court.

The most notable fact is that the judge Zhanna Kolosova somehow decided that «Stone» had rightful reasons to acquire the uncompleted construction site on Leninsky Prospect (a 5 storey-building and an underground parking). Such an assumption allowed the judge to conclude that in the case of “Stone” company, where company practically got it for free there is no evidence of unlawful beneficiation and precisely said – there is no evidence of 263 mln roubles that were spent by the other company to construct the five-storey block and an underground parking.

In their appellation claim the representatives of “Stroitelniye Technologii” («Construction technologies») stated that a rather odd government resolution was signed by Valentina Matvienko, the former Governor of St. Petersburg which allowed «Stone» to complete the construction works on Leninsky prospect after «Stroitelniye Technologii» went bankrupt. However, such resolution made «Stone» responsible for resolving legal and property issues that were also connected with …. financing of construction works by individuals and legal entities…”

However, “Stone’s” top management decided to ignore its responsibilities and to forget about the company who initially started the construction work.

“Stone” simply acquired an uncompleted residential-block, then offered to the shareholders, who already payed approximately 260 mln roubes in total to “Stroiteniye tehnologii”, to pay an additional one-third of the price

 

If it belongs to no one, then it belongs to “Stone”

Judge Kolosova mentioned one interesting fact that supports such a standpoint – “Stroitelniye technologii” could not prove its property rights for the uncompleted construction object.

This claim is true, although the judge forgot about such a detail as that at that time the property rights for the object were not registered at all; and surely not with the “Stone” company. But other facts are evident: a 5-storey building and an underground parking were constructed by some company, which means that the construction work was payed for by some company. And according to a common sense, only “Stroitelniye technologii” could pay for it. If “Stone” got the building for nothing, then the company’s management should understand, that it should make a payout to the company which actually constructed the residential-block, especially when the company is undergoing a bankruptcy process and is in desperate need of money and has outstanding obligations to shareholders.

However, “Stone’s” management simply decided not to think about these issues.

 

You can't have your cake and eat it

 Judge Zhanna Kolosova claimed in her ruling that there is no simple evidence that the construction of the ill-fated residential-block was financed by “Stroitelniye Technologii” itself and not using the means of its shareholders. Company’s representatives state in their appellation claim that the construction work began in 2007, whereas the preliminary contracts with shareholders were signed only on 2008. These two facts are supported by financial documents.

A logical question arises – if “Stone” thinks that this uncompleted residential block was built using only the money of its shareholders, why then the shareholders did not simply get their apartments without additional payments.

“Stone”, however, wants to eat a cake and have it. The company eagerly mentions the claims of the shareholders to “Stroitelniye Technologii”, although it keeps silence about its own responsibilities to the them.

 

 

The 13th Arbitration Appelation Court of St. Petersburg and Leningrad Region is currently reviewing all these facts. “Oglaska” will follow up how the story develops.

24.09.2013
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