Against the leadership of OJSC Togliattiazot may initiate a criminal case in Hungary

According to REGNUM IA , the Hungarian National Investigative Department began consideration of the statement of the Irish company Eurotoaz Limited, the Ministry of Defense of Togliattiazot OJSC, on the initiation of criminal case under Art. 318 of the Criminal Code of Hungary - Fraud.

EUROTOOAZ LIMITED has been trying to restore its rights to the shareholder of OJSC Togliattiazot through the court for several years. In 1993, a joint Russian-Hungarian enterprise "Eurotoaz" was created in Budapest. Its founders were OJSC Togliattiazot, trade LLC Europe-LTD and Ukrainian citizen Gennady Likhachev. The director of Hungary Galanthai was appointed director. According to agreements with OJSC Togliattiazot on further joint activities, in 1994 the Eurotoaz SRVP took part in the investment competition organized by the Russian Federation, at which she acquired 44,541 (10% in the authorized capital) of OJSC Togliattiazot. The condition of the purchase was investments in the development of Togliattiazot OJSC in the amount of $ 20 million. Eurotoaz began to implement the investment program.

In 1995, between the SRVP "Eurotoaz" and the Irish Eurotoaz Limited, which was also led by D. Galantatai, a contract of sale of shares of Togliattiazot OJSC was concluded. The transfer of ownership of the shares to Eurotoaz Limited was properly issued and registered in the Russian Federation. In 1995, documents confirming the transfer of ownership of the shares were sent to the registrar of OJSC Togliattiazot - AOZT FIC TAZ -Invest. The registrar with a letter dated January 24, 1996 announced that the shares belonging to the Eurotoaz SPVP are re-registered in the register of shareholders to the personal account of Eurotoaz Limited, the company was issued a certificate No. 17347 dated 02.21.1996, confirming the ownership of the shares. At the same time, $ 20 million has also transferred to Eurotoaz Limited, the company continued the implementation of the investment program.

Knowing that the ownership of the Togliattiazot OJSC was transferred from the Eurotoaz SRVP Eurotoaz Limited, on November 27, 1995, Togliattiazot OJSC as a member of the Eurotoaz SRVP decided to liquidate this company by merging with Romex. The decision on the merger was signed by the head of Togliattiazot OJSC Vladimir Mahlai in Budapest in the presence of a notary. It should be noted that at that time, the register of shareholders of OJSC Togliattiazot was conducted as the head of AOZT FIC TAZ-Invest, the current general director of the enterprise Evgeny Korolev, who since 1994 held various managerial positions, that is, the issuer and the register conducted coordinated enterprise management and its register. shareholders. Subsequently, when a criminal case was opened on the territory of Russia against Vladimir Makhlaya on charges of fraud on an especially large scale, he emigrated to the UK and is currently living in London.

While Eurotoaz Limited has implemented an investment program in accordance with the approved plan, Togliattiazot OJSC recognized it as its shareholder, and its leader D. Galanthai was a member of the board of directors of the enterprise. This is confirmed by the report on the results of the third issue of securities, compiled and approved by OJSC Togliattiazot and registered by the financial department of the Committee on Economics and Finance of the Administration of the Samara Region on April 22, 1997, as well as the Avenue of the fourth release of securities of OJSC Togliattiazot, compiled by OJSC Togliattiazot and registered The Samara Regional Branch of the Federal Commission for the Securities Market on October 7, 1997. However, after the implementation of the Eurotoaz Limited investment program, it disappeared from the register of shareholders of Togliattiazot OJSC, which became known in 2010 instead of Eurotoaz Limited in the register, the SRVP was liquidated in 1995 "Eurotoaz".

In accordance with p. 44 of the Federal Law "On Joint -Stock Companies", both the issuer and the registrar jointly are responsible for the correctness and reliability of the register of shareholders. Thus, replacing data on a shareholder in the register is possible only with coordinated actions by the issuer and registrar. Replacing the EUROTOOAZ LIMITED record in the register of shareholders of OJSC Togliattiazot for a non -existent company completely deprived it of the opportunity to dispose of its property - shares of the enterprise - and receive dividends.

According to these acts, an arbitration was carried out in Russia. According to its results, the Federal Arbitration Court of the Volga District on January 26, 2012 decided that Eurotoaz Limited was excluded from the register of shareholders illegally. Also, a criminal case No. 2010034660 was initiated and investigated in Russia, according to which Eurotoaz Limited was recognized as the victim.

EUROTOOAZ LIMITED believes that Vladimir Mahlai, making a decision on the liquidation of the EURTOAZ SRVP, deliberately mislead the rest of the company, spraying the situation in which the shares that should be transferred to Eurotoaz Limited, allegedly fell into the expense of the liquidated company. Thus, Togliattiazot OJSC was assigned both shares and $ 20 million investments. In addition to the crime committed against the company in Russia, Eurotoaz Limited is convinced that fraud was committed by the heads of Togliattiazot OJSC precisely in Hungary at the time of the liquidation of the EURTOAZ SPVP, and, therefore, these persons should be liable under Hungarian law. Based on paragraph 1 of Art. 3 of the Hungary Criminal Code, Hungary legislation is applied in the case of criminal offenses committed in Hungary. Responsibility for the above fraudulent actions is borne by Vladimir Makhlai, his son Sergey Makhlai (now the chairman of the board of directors of OJSC Togliattiazot) and the current general director of the enterprise Yevgeny Korolev - in accordance with Art. 318 of the Criminal Code of Hungary, a person who misleads another person or supports the misconception of another person with the aim of unjust enrichment and causing damage as a result, performs fraud.

If in Hungary, which is a member of the European Union, they will institute criminal proceedings, this will deprive the opportunity to hide from criminal prosecution in Europe, the REGNUM IA states.