The company disputed the claims of the Rosselkhoznador administration

As Kommersant learned, the cassation court sided with one of the largest agricultural producers in the region, LLC Ruskom-Agro, in a dispute with the territorial directorate of Rosselkhoznadzor for the Omsk region. The regional court overturned the decisions of two authorities accusing the enterprise of polluting 71 hectares of land in the Kormilovsky district with pig manure. Based on these decisions, the department demanded 832.5 million rubles from Ruscom-Agro. as damages. However, Rosselkhoznadzor does not consider the dispute over and does not rule out that they will challenge the cassation court ruling in the Supreme Court of the Russian Federation. At the enterprise, the agency’s actions are seen as “unjustified purposefulness.”

Photo: Vadim Kharlamov/Kommersant, Kommersant

The Omsk Regional Court upheld the complaint of Ruskom-Agro LLC, canceling the decision of the Kuibyshevsky District Court and the decision of the appellate instance on the legality of the protocol of the territorial administration of Rosselkhoznadzor for the Omsk Region, after which, based on the court decision, the company was fined 40 thousand rubles. for damage to land (Part 2 of Article 8.6 of the Code of Administrative Offenses of the Russian Federation). As follows from the text of the decision, the data of the expert opinion approved by Rosselkhoznadzor and forming the basis for accusing Ruskom-Agro of an administrative offense cannot be accepted as evidence, since the expert organization violated GOST, which regulates sampling methods for agrochemical examination.

Ruskom-agro LLC is part of the Ruskom group of companies (also includes Ruskom LLC, Altai Sausages LLC (Barnaul Pishevik TM), Resonance trading company, Morozov Poultry Farm LLC). The group produces sausages and semi-finished products under the Sibkolbasy and Kormilovsky Bacon brands, and raises pigs and poultry. According to SPARK-Interfax, the founders of Ruskom-agro are Temuri Lataria (82.5%) and Dmitry Brokle (17.5%). The company's turnover in 2013 amounted to 1.3 billion rubles.

According to the protocol of the Rosselkhoznadzor territorial administration for the Omsk region, drawn up in October last year, Ruskom-agro committed an administrative offense by polluting 71 hectares of agricultural land owned by the company under lease in the Kormilovsky district with manure, which is why the content of nitrate nitrogen in the soil allegedly exceeded the permissible level normal. In December, the district court sided with the department, obliging the production company to pay a fine of 40 thousand rubles; the appeal court supported the district court’s decision. According to the case materials, Ruskom-agro unsuccessfully tried to refute the results of the Rosselkhoznadzor examination. In February, guided by the decisions of two authorities, the department sent a letter of claim to the company demanding voluntary compensation of damages in the amount of 832.5 million rubles within thirty days. for damaging land in the Kormilovsky district. In their cassation appeal, representatives of Ruskom-agro stated that the expert organization violated the deadlines for taking soil samples, improperly applied GOST and did not comply with the requirements of regulatory documentation.

The territorial directorate of Rosselkhoznadzor reported yesterday that they would make a decision to appeal after receiving a fully completed court decision. “But it is possible that we will defend our positions in the Supreme Court of the Russian Federation,” the department told Kommersant.

Ruskom-agro considers the decision of the regional court fair. “We would not like to call this a conflict, but there is some kind of purposefulness towards us. In 2014, Rosselkhoznadzor carried out six inspections at Ruskom-Agro, which complicated the company’s activities, since the whole department was forced to process all the materials. We are glad that the final decision eliminated the financial threat that hung over the enterprise,” Anna Savateeva, executive director of Ruscom-Agro, told Kommersant.

Yulia Strelskaya

Ruskom-agro cleaned up the manure