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A video about ATOMMASH OJSC (English)

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The production area of Atommash amounted to nearly 6 million square meters. 500 Milan Cathedrals could accomodate on that territory.

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“Russian style” Arbitration court ↓

03.05.2009

In its Resolution from 31.01.2000, the Federal Arbitration Court of North-Caucasian District (FAC NCD) confirmed validity of the Lease Contract №1-2-DFYA from 01.02.1995, which is the cornerstone of the bankruptcy case of Salut JSC. Under to this Contract, Firm YACONTO LLP has transferred to VZRTA OJSC production facilities for manufacturing of civilian goods. In its Resolution and Definition (both from 29.01.2002), FAC NCD also satisfied the claim of YACONTO LLC on the recognition of rights and reclamation of the property (transferred to VZRTA OJSC under Lease contract №1-2-DFYA from 01.02.1995), illegally possessed by VZRTA JSC and specified in the Storage Agreement №56 from 19.06.2001 between Salut JSC and VZRTA JSC. (NB: VZRTA OJSC was renamed to Salut JSC on 06.11.1996, and VZRTA JSC was illegally established on the premises of the deliberately bankrupted Salut JSC, and registered on 01.11.1999).

Hence, FAC NCD has confirmed the legitimacy of the Property Lease contract №1-2-DFYA from 01.02.1995 and legal rights of YACONTO LLC in regard to the property under this Contract. This gives every reason to believe that the illegal actions of the participants of the Organized criminal group (OCG) have been aimed at the intentional bankruptcy of the defense industry company Salut JSC through a seizure of assets owned by YACONTO LLC and non-recognition of payables to the latter. In fact, those payables made 92% of the company’s total debt to all creditors. It is this property that Sergey Chesskiy, the illegally appointed external manager of Salut JSC, declared in 1999 as “not present on the territories of Salut JSC” in the Arbitration Court of the Rostov region – 2 (two) years before it was declared bankrupt. (NB: simultaneously with being the Bankruptcy referee of Salut JSC, Sergey Chesskiy was also the Bankruptcy trustee of Atommash OJSC, appointed by AC RR on 11.11.1997, which is confirmed by the letter from Atommash OJSC to Concern YACONTO №051-07 dated 01.03.1999).

In its Resolution from 09.11.1999, FAC NCD declared Sergey Chesskiy’s appointment as external manager of Salut JSC (lobbied by Tatyana Gramotenko, the head of Rostov regional Federal Office for Bankruptcy Proceedings), illegal and cancelled it; hence, all his actions related to management of Salut JSC were pronounced judicially void. However, Chesskiy and his OCG accomplices strictly refused to comply with the resolution of FAC NCD from 09.11.1999 and unlawfully prevented Nikolay Zvyagin, the legal external manager of Salut JSC reinstated in his rights, from performing his direct responsibilities by instructing the security not to let him enter the territory of Salut JSC. And that’s despite the fact that Nikolay Zvyagin has been appointed as the external manager of Salut JSC by the Arbitration Court of Rostov Region (AC RR) on the proposal of the Department of Radio and Communication of the Ministry of Economy of Russia (out. №38/823 from 05.06.1998), responsible for the management of defense enterprises including Salut JSC.

Here's more - another lawless act was performed by OCG members. 4 (four) days after the premature and unlawful Definition of AC RR dated 15.06.2001 on the completion of bankruptcy proceedings and liquidation of Salut JSC, its former bankruptcy trustee Sergey Chesskiy has signed with “Volgodonsk plant of radio-electronic equipment” JSC, illegally created by him, a Contract of Storage №56 dated 19.06.2001 in favor of third parties. Under the Act of property transfer to the Contract №56, non-existent Salut JSC transfers to VZRTA JSC an allegedly "unowned" property - found only after the liquidation of Salut JSC. At the same time it’s not specified: what are the origins of this property, on whose sites it used to be before the elimination of Salut JSC, when it was discovered and why is it being deposited and disposed of by the non-existent Salut JSC. It is also important to mention that in the Act of property transfer from 19.06.2001 №56 the listed “ownerless property” corresponds to the list of machines (equipment) transferred by Firm YACONTO LLP to VZRTA OJSC on the Lease Contract №1-2-DFYA from 01.02.1995, the validity of which has been confirmed by another Resolution of FAC NCD from 31.01.2000.

Many machines (equipment, hardware) had their names, marks and serial numbers deliberately changed in the Act of property transfer №56. But even a small part of the property listed in the Act №56 was enough to confirm the availability of property located on the territories of Salut JSC under the Lease Contract №1-2-DFYA from 01.02.1995. This means that Sergey Chessky, illegally appointed external manager of Salut JSC, appealed to AC RR with a knowingly false statement that there is no, and there has never been any leased equipment owned by YACONTO companies on the territory of Salut JSC, and hence, Salut JSC owes nothing to YACONTO. Based on knowingly perjurious testimony by Sergey Chesskiy and his accomplices, AC RR issued illegal judicial acts that led to the deliberate bankruptcy and compulsory liquidation of Salut JSC and the seizure of property belonging to YACONTO enterprises.

Since the names and numbers of many machines have been deliberately changed in the Act of property transfer №56 dated 19.06.2001, only 54 units of machines (equipment), for which details matched, were noted in the Definition of FAC NCD from 29.01.2002 as to be returned to the YACONTO LLC. But it was enough to initiate the process of exposing the anti-state activities committed by OCG participants, their supporters and patrons. The Executive Sheet of AC RR №29285 from 29.01.2002 (shared on 06.03.2002), declared 54 property items subject to be returned to YACONTO LLC, however, the new Executive Sheet of AC RR №40282 from 05.09.2002 (shared on 14.10.2002), featured only 31 property item. Those two Executive Sheets of AC RR differ not only in the number of units (items) of machines (equipment); on top of that, some of the machines also had their names and numbers deliberately distorted.

In order to restore the truth, it was enough to conduct an inventory check on the territory of VZRTA JSC in accordance with the Resolution of Volgodonsk Internal Affairs from 01.08.2002 and Notification of Volgodonsk IA from 06.08.2002 at ref. №8/9153. But they were blocked by two falsified documents: Resolution of Volgodonsk IA from 02.08.2002 and a Notification of Volgodonsk IA from 06.08.2002 at ref. №8/9155. Inventory check of the machines (equipment) would have allowed verifying and comparing their serial numbers documented by the manufacturers who sold the machines (equipment) to YACONTO companies. But that’s exactly what YACONTO LLC wasn’t able to obtain by Law, neither from the illegal management of VZRTA JSC, nor from the law-enforcement and judicial authorities, who actively covered up the illegal activity of OCG members. This is confirmed by specific facts described in the following articles (in Russian): “Law enforcement or criminal complicity?” (from 23.04.2009) and “Will there be respondents for lawlessness in Russia” (from 29.04.2009) on www.yaconto.ru.

Representatives of YACONTO LLC, even if accompanied by the bailiffs of Volgodonsk, Rostov region, were not allowed to enter the territory of VZRTA JSC and the workshops where the machines (equipment), identified in the said Act of property transfer №56 from 19.06.2001 and In the Executive sheets of AC RR №29285 from 29.01.2002 and №40282 from 05.09.2002, were located. OCG members concealed the true information about the seized property owned by YACONTO LLC. They understood that the results of comparisons of property data would have confirmed the validity of YACONTO LLC’s claims and would have undoubtedly led to an investigation, but this time on terms of a criminal proceeding on deliberate bankruptcy cases of the defense enterprise Salut JSC and the Russian nuclear engineering flagship Atommash OJSC, and therefore, would have brought the guilty to the dock.

The above gives ground to state that anti-state activity of OCG members is being covered on a high federal level. Otherwise it’s impossible to explain the cynical formal reply of 7 (seven) lines signed by Mikhail Yukov, the First Deputy Chairman of the Supreme Arbitration Court of Russia (out. №157/00 from 14.05.2001), to the Complaint of YACONTO LLC (out. №1-10425 from 25.04.2001) and a Statement of YACONTO LLC (out. №2-10427 from 27.04.2001) without having reviewed the 30 volumes of the bankruptcy case. Both the Complaint and the Statement to the Supreme Arbitration Court (SAC) of Russia have been prepared by General Ivan Poymanov, a highly professional and principled investigator, Chief of one of the Departments of the General Prosecutor’s Office of USSR (now retired). General Poymanov also prepared the Letter from YACONTO LLC regarding Mikhail Yukov’s antics (out. №1-10529 from 29.05.2001) and a Complaint to the supervising Chairman of the Supreme Arbitration Court of Russia, Veniamin Yakovlev (out. №2-10529 from 29.05.2001). There is evidence that allows supposing that it’s not by accident that Mikhail Yukov had signed a formal reply to YACONTO LLC in an expeditious manner a month before the illegal Definition of AC RR, dated 15.06.2001, on the completion of bankruptcy proceedings and forced liquidation of Salut JSC, has been issued.


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