Media: On the problems of counterparties "Togliattiazot"

According to MK , the degree of wear of fixed assets in Russian industry, according to Rosstat, was 47.1%at the end of 2010. This is on average. And in individual enterprises, the equipment dilapidated significantly more, which turned them, in fact, into a shy bomb. And one of the largest chemical plants in Russia Togliattiazot (TOAZ) was finally going to technically rearm. As the chairman of the board of directors of Togliattiazot OJSC Sergey Makhlai recently, in an interview with a large federal publication, the company began to implement the capital repairs program, modernization and reconstruction of production units of ammonia and carbamide, which is calculated until 2020. “Now we are conducting an active search for contractors who could do the work efficiently and as soon as possible. We also study many other new technologies that can be in demand on the Russian market, ”he said.

The publication is ironic - it is difficult not to rejoice for such shining prospects. However, a revelation about the active search for contractors sounds completely different, if we analyze the principles of relationships with the contractors that are adopted on Togliattiazot.

The newspaper resembles some stories.

In 2007, Togliattiazot ordered the research and design institute of carbamides and organic synthesis (NIIK) from the city of Dzerzhinsk of the Nizhny Novgorod Region Technical and Economic Justification (TEO) of the technical re-equipment of the production of carbamide and the organization of a new melamine production with a capacity of 30 thousand tons per year. NIIK TEO fulfilled - on time and efficiently. And, having transferred the results to his work to the customer, he began to wait for payment from him according to the contract - 82.5 million rubles. According to the publication: still awaits.

The state does not indulge in industry science, the deplorable position of which is the topic of a separate conversation. So the scientists and engineers of the Niika, as well as other design institutions, live, as they say, from their labors, and 82.5 million rubles, obviously, are not superfluous. The leadership of TOAZ does not think so. This was forced by NIIK, who has exhausted all other opportunities, to appeal to the Arbitration Court of the Samara Region in September 2008. And how to recover 86.7 million rubles from the debtor, in which, in addition to the debt under the contract (No. 7030/1692 T --07), 4.2 million rubles of the penalty (the advance payment paid by Tom was only 5.2 million rubles). And it began.

Even before the proceedings, Toaaz hastened to postpone him, referring to the inability to ensure the appearance of his representatives. You can imagine: "Citizen judge, you, if you appoint a trial, then postpone it right away, please, otherwise we will not be able to come, even if we don’t know when." However, such a petition was rejected and the court began.

When this method of evading liability did not pass, MK notes, the denial of the obvious began and tightening time by any methods. The lawyers of Togliattiazot tried to invalidate the contract with the NIIK completely and on parts on the grounds that the third party participated in the development of the feasibility study - the Togliatti Institute of Nitrogen Industry. It didn't work out. Then they rejected the receipt of the documentation on the project in the proper volume, and when the NIIC presented the court all the invoices with the signatures and seals of the TOAZ office and postal and forwarding receipts, they referred to the very ridiculous: they say, the signatures of the unfulfilled persons are, and the protocols held by the parties were not approved by the head of the company, thereby were not approved by the head of the company, there Sergey Mahlai. “These objections of the defendant contradict the case file,” the court concluded.

Then TOAZ accused the Nizhny Novgorod specialists of poor -quality design and demanded an examination. NIIK objected and notes the publication, as further events showed, it is fair that this is just another trick in order to win the time during which, we note, the plant used other people's money. But the court appointed the examination - this is the procedure. It was performed by the FSU of the Glavgosexpertiza of Russia, and this cost the state budget, by the way, 3.5 million rubles. For some reason, it seems that this money could be found the best application. But be that as it may, the examination was carried out and its conclusions were unequivocal: the feasibility study for TOAZ was fulfilled in full accordance with the norms and requirements of Russian legislation and does not contain shortcomings. MK emphasizes that this means that TOAZ did not have any motives for the acceptance and acceptance acts, but the intention to profit from someone else's expense ...

Finally, in July 2012, i.e. After almost 4 years from the beginning of the courts and 5 years - since the provision of services, the Supreme Arbitration Court decided: TOAZ must pay, and the point. But there is no doubt that to achieve the execution of a court decision, i.e. It will still be difficult to get a fee for his work for the institute. Such an interesting modernization of the enterprise that uses and produces toxic, chemically aggressive and explosive substances.
This business is only one of a number of “Togliattiazot” with counterparties that are very characteristic of the relationship between Togliattiazot management. There are other cases.

At the end of 2008, the Lithuanian logistics and forwarding company Navalis Maritime Agency from Klaipeda had the imprudence to conclude an agreement with the TOAZ, according to which the enterprise consulted for various logistics and managerial projects. Among them: the management of Togliattiazot units, the efficient use of the logistics facilities of the enterprise, the completion of the construction of terminals in the port of Taman of the Krasnodar Territory, etc. Navalis estimated its intellectual activity in a small amount by industrial measurement - nearly 2.5 million rubles. Transferring a small advance to the contractor and receiving everything that he wanted to be under the contract, TOAZ did not pay. The arbitration proceedings that the injured party initiated, Togliatti lawyers drowned appellations and complaints in a heap, to argue with which the Lithuanian company, apparently, found neither money nor time. Indeed, at each court hearing, her representatives had to come to Russia, and overhead costs threatened to soon exceed the size of the funds that were not received from TOAZ. They simply did not dispute the court decision adopted in March last year.

Last year, TOAZ continued to persist in paying 7.5 million rubles, which he decided not to pay extra to the Vorobyovy Gory construction company, which built a two -story residential building worth about 1 billion rubles in Togliatti by order of the plant (MSA Stroy LLC was a construction contractor). Also last year, the construction company “Ceigla” tried to sue 97 million rubles for work under the contracting agreement of 97 million rubles. And the contractor of “Togliattiazot” in the Krasnodar Territory - the company “Yurstroy” for a long time had no hope of reaching a debt of 950 thousand rubles through the court as an interest on previously prevailing debt of 25.4 million rubles.

But the most visual case writes MK again. The case of 17.8 million rubles of the Samara company GSI-Neftekhimmontazh. The latter entered into an agreement with Toaz, it was in 2007. But this time, the purchase agreement, according to which TOAZ acted as a supplier and, accordingly, the recipient of money for the goods. Having received the goods, the GSI-Neftechimmonta paid with the supplier, but by mistake (what to do, the human factor is everywhere), the company paid twice. Having caught on, she asked TOAZ to return extra money to her account. Samara buyers of the products of the Togliatti enterprise learned the endless stream of pieces of paper to the court and from the court, made absurdity as the genre where the TOAZ lawyers work, and spent a lot for legal costs. In July, the arbitration decided: TOAZ should (and not only 17.8 million rubles in the initial lawsuit, but also 114 thousand rubles of state fees for legal costs).