On August 17, the Prosecutor General’s Office filed a lawsuit against the entrepreneur Andrey Melnichenkoa preliminary hearing on it is scheduled for September 7, should from the documents of the Sverdlovsk District Court of Krasnoyarsk. Melnichenko’s fortune – $25.2 billionhe, along with his family, is in first place among all Russian businessmen according to Forbes.
The claimant in these materials is the Deputy Prosecutor General without specifying his last name. The defendants are Andrey Melnichenko himself, the Khakass Service and Repair Company and the Kuzbass Joint-Stock Company for Energy and Electrification (Kuzbassenergo). As a third party, the Prosecutor General’s Office requires the involvement of Siberian Energy Company JSC in the process.
A source familiar with the content of the claims against Melnichenko told RBC that the suit of the Prosecutor General’s Office concerns energy assets, which, according to the prosecutor’s office, were bought from the structures of the ex-Minister for Open Government Affairs Mikhail Abyzov. Businessman representative confirmed to Vedomosti receiving lawsuit.
SGK is a subsidiary of the Siberian Coal Energy Company (SUEK), owned by Melnichenko.
According to the telegram channel “SovietBezRynka”, the plaintiff demands to collect the shares of the Siberian Energy Company (SIBEKO) in the ownership of the state. The Prosecutor General’s Office substantiates the requirement by the fact that while supervising the investigation of the case of “Mikhail Abyzov’s accomplices” it received information “about the violation by citizen Melnichenko and legal entities controlled by him of the anti-corruption legislation in transactions for the acquisition of SIBEKO shares, indicated in the materials of the claim, which were published by SovetBezRynka “.
According to the Prosecutor General’s Office, “in order to implement the plan and conceal his participation in the sale of SIBECO shares, Abyzov, maintaining informal friendly relations with Melnichenko, offered him to purchase the said property asset.” On February 7, 2018, a securities purchase and sale agreement was concluded between Melnichenko and Abyzov in Cyprus, according to the lawsuit.
@SovetBezRynka, 18.08.2023 21:35: Shutter speed 2
from a lawsuit against oligarch Andrei Melnichenko […] According to the results achieved between Abyzov M.A. and Melnichenko A.I. arrangements and agreements, the dates, place and conditions for the purchase and sale of shares of SIBEKO JSC were set. The buyers in the transactions are the Kuzbass Joint-Stock Company of Energy and Electrification (hereinafter JSC Kuzbassenergo) and JSC Khakass Service and Repair Company (hereinafter JSC KhSRK), which were under the control of Melnichenko A.I.
JSC Kuzbassenergo acted as one of the buyers of the shares due to the fact that Melnichenko A.I., being the ultimate beneficiary of the company, has the ability, through the established corporate structure, to ensure that he and his shareholders make the necessary decisions.
Representatives of the companies Melnichenko A.I. KhSRK JSC was chosen as the second buyer. The solvency of this organization did not allow it to apply for the acquisition of shares of SIBEKO JSC, but for its participation in the transaction, representatives of SGK LLC organized the appointment of a nominee to the position of General Director of the company and provided the necessary amount of money. The given circumstances together indicate the dependence of KhSRK JSC on the structures of Melnichenko A.I., since they had a direct influence on the formation of the will of society.
In continuation of the implementation of the plan between Melnichenko A.I. and Abyzov M.A. 02/07/2018 in Limassol, Republic of Cyprus, an agreement for the sale of securities was concluded. — Inset K.ru
@SovetBezRynka, 18.08.2023 21:35: Shutter speed 3
from a lawsuit against oligarch Andrei Melnichenko […] According to the act on the fulfillment of obligations under the securities purchase and sale agreement dated 02/07/2018, the parties confirmed the transfer of 25,922,702,733 shares of SIBECO JSC to the ownership of the buyer and the receipt by the sellers of 26,610,829,592 rubles 06 kopecks,
On the same day and in the same place, a securities purchase and sale agreement was concluded, according to which the foreign company Alinor Investments LTD sold 5,986,730,193 ordinary non-documentary registered shares of SIBEKO JSC for the benefit of KhSRK JSC at a price of 5,904,881,328 rubles 13 kopecks.
According to act No. 1 on the fulfillment of obligations assumed under the securities purchase and sale agreement dated 02/07/2018, the parties confirmed the transfer of 5,986,730,193 shares of SIBECO JSC to the ownership of the buyer and the receipt by the seller of 5,904,881,328 rubles 13 kopecks.
At the same time, JSC Kuzbassenergo and JSC KhSRK, participating together with Melnichenko A.I. in shadow transactions for the sale by federal official Abyzov M.A. their assets and their redistribution” violated the provisions of Part 1, paragraphs. Z, 5 h. 2 tbsp. 13.3 of Law 273, because their management did not take measures to prevent corruption, including ensuring the fair work of organizations. — Inset K.ru
The Prosecutor General’s Office concludes that the deal has signs of “taking advantage of dishonest behavior” and therefore there are grounds for recovering “everything received by the parties under anti-social transactions” to the state’s income.
This is the fourth lawsuit filed by the prosecutor’s office for the seizure of private assets in favor of the state in the summer of 2023. Earlier, the Prosecutor General’s Office filed a lawsuit in connection with the “illegal privatization” in the 1990s of one of the largest producers of methanol and formalin in Russia, Metafrax Chemicals, and demanded that the company’s shares be withdrawn from the current owners. In July, the Tefida fishing holding and the Perm port were claimed.
In judicial acts, the recovery of property is explained by the interests of the state and the transfer of companies under the control of foreign persons or citizens living abroad. In early August, a lawsuit was filed against the SibMir and IsNov companies (part of RATM holding). It concerned the seizure of the Rostov Optical and Mechanical Plant (ROMZ), which is engaged in the production of opto-mechanical and opto-electronic day and night vision devices for fire control systems for armored military vehicles, including Armata tanks.
“In essence, business should understand the vector that the state is oriented towards. We see that quite a lot of actions related to nationalization are being carried out now. But we practically do not see measures to support the investment climate, ”said Alexander Abramov, head of the analysis laboratory at the Institute for Financial Markets at the Institute of Financial Markets, RANEPA, to RBC.
SIBEKO (Siberian Energy Company) is the main supplier of electricity in Siberia, it is engaged in the generation of heat and electricity. FAS allowed SGK will acquire SIBECO at the beginning of 2018, subject to a number of conditions, including the rejection of a “significant increase in prices on the wholesale electricity market” for three years. Andrey Travnikov, Governor of Novosibirsk, then considered that the deal “will have a positive effect on the reliability of heat supply in the city and the region, and on the rate of indexation of heat tariffs for the population.” Ruslan Vlasov, CEO of SIBECO, said that negotiations on attracting investors had been going on for several years, and that for a consumer, the sale or purchase of company shares “is at least an imperceptible process.”
Experts interviewed by Kommersant in 2018 estimated the cost of the transaction at 18–24 billion rubles. SIBECO’s revenue in 2016 amounted to 28.2 billion rubles, net profit – 1 billion rubles. In 2022, according to the SPARK system, the company’s revenue was already 38.3 billion rubles, net profit – 4.8 billion rubles.
In October 2020, the court turned into state revenue RUB 32.54 billionowned by Abyzov – before joining the government, he was one of the richest businessmen.
The charges under the last two articles against Abyzov are related to SIBECO, which, according to the Investigative Committee, was only nominally placed in trust. In 2018, while Abyzov was a civil servant, the company was sold, and this decision, contrary to the law, was made personally by him, the TFR believes.
The withdrawal of funds was demanded in 2020 by Deputy Prosecutor General Viktor Green. Department position was that Abyzov, since 2012, hid the ownership of five Cypriot offshore companies, through which, as a minister, he illegally managed SIBECO. As a result, Abyzov sold it, violating the ban on entrepreneurial activity for officials, the Prosecutor General’s Office believed.
“The decision is a pretentious view of the investigation on some arbitrarily chosen circumstances of the case without verification and verification of these views by an independent and impartial court,” declared on appeal, the lawyer of the former minister, Julius Tai. He doubted that the judge wrote the decision herself, suggesting that “it was made by a third party with a greater breadth of knowledge.”
Andrey Melnichenko, as of the end of 2021, together with his family indirectly owned 92.2% of the shares of the Siberian Coal Energy Company (SUEK). However, he ceased to be the beneficiary of SUEK and EuroChem on March 8, 2022 – the day before the EU imposed sanctions against him, told RBC source close to EuroChem. Melnichenko was the beneficiary of the trust that controls both companies, RBC’s interlocutor explained. According to him, even before the imposition of sanctions, on March 8, the businessman refused this role, his business automatically became the beneficiary. spouse.
@vchkogpu, 20.08.2023 13:45: The Prosecutor General’s Office filed a lawsuit against billionaire Andrei Melnichenko. The chair under the main roof of Melnichenko was shaken by Deputy Prime Minister Novak. […] Until recently, Melnichenko’s unsinkability was explained by the fact that he was covered by the powerful Deputy Prime Minister Novak. As a result, Melnichenko’s companies left the legal field of the Russian Federation.
The Tax Service and the Investigative Committee should check SUEK and EUROCHEM for the presence of trading houses or similar pads through which the company’s profits flow abroad and are used to maintain the chic lifestyle of the Melnichenko family.
After SUEK began to buy shares in TGC-14 in Ulan-Ude, the state allocated several tens of billions of rubles from the budget for investments in technical re-equipment, thus relieving SUEK of this burden. Merging of SUEK and the energy block of the Government of the Russian Federation is evident. — Inset K.ru