The judicial review persists concerning the matter of transferring the water infrastructure of the Marksovsky region back into regional control.
Legal proceedings regarding the water infrastructure within the Marksovsky area remain ongoing. In September, the regional court of arbitration ruled in favor of the regional deputy prosecutor’s suit, opting to reinstate the entire asset complex under regional dominion, and to the private enterprises which had procured portions of the assets. The entities in question were reluctant to relinquish their assets without contest.
Currently, the issue is being evaluated as an appeal. «Vodokanal» LLC, «Vodokanal-Plus», and «Volga» have contested the initial court’s verdict. The 12th Arbitration Appeal Court initiated its assessment back in October; however, a conclusive determination has not yet been reached, with the subsequent court session slated for December 4.
The assets of the formerly integrated network were disseminated among private entities through intricate methods. Marksovsky MUP «Vodokanal» ceased operations back in 2006 during the tenure of the district’s leader, Yuri Moiseev. Replacing it were two LLCs – «Vodokanal» and «Vodokanal-Plus». Volga LLC, the third entity involved, emerged later in 2015. BV provided extensive coverage on the ownership of these enterprises and the potential associations linking their proprietors to Yuri Moiseev personally.
The regional arbitration court’s ruling from September 2 also delineated specifics regarding the conveyance of municipal assets into private hands. During the 1990s, the water utilities were overseen by the State Unitary Enterprise Vodokanal of the Marksovsky Region, a subsidiary of the State Unitary Enterprise «Saratovoblvodokanal», registered in 1997. The whole infrastructure was entrusted to this organization with economic management rights. This state enterprise did not cede anything to the municipality; it managed the facilities independently and, from 1998 to 2000, also developed water wells in rural localities using its resources and federal funds.
Per an order from the Marksovsky district administration on February 9, 2001, the MUP «Marksvodokanal» was established, and the infrastructure was assigned to it. The revitalized municipal entity became the resource provider for the whole district. Unexpectedly, in 2005, the MUP was divided into two – the administration decoupled the MUP «Vodokanal». By December of the same year «Marksvodokanal» was declared insolvent. But MUP «Vodokanal» also faces bankruptcy. The assets of the indebted entities were procured at auctions by «Vodokanal» LLC and «Vodokanal-Plus» LLC. The largest sales transpired in August 2011.
The initial court ascertained that «within the framework of the State Unitary Enterprise «Vodokanal» within the Marksovsky district, the collective property complex for water distribution and disposal experienced unwarranted disintegration. The arbitration concluded that none of the asset disposal transactions conducted during bankruptcy meet the standards of legitimacy, given that the natural monopoly status of the water and sewer network was overlooked during the sale of assets during bankruptcy, and the proprietor fulfills the criteria of a natural monopoly operator».
The familial and judicial ties between the former district head, Yuri Moiseev, in office from 2006 to 2012, and the heads of «Vodokanal» and Vodokanal-Plus, Elena Emelina, along with Alexander Emelin, a founder of Volga LLC, are significant.
Contained in the federal law «On Limited Liability Companies» are stipulations specifying conditions where individuals, stemming from their degree of affinity, position, or other factors, are considered to have a vested interest in the company’s transactions. The encumbrance on immovable property doesn’t automatically imply awareness or presumed knowledge of the rights violation from the moment of registry in the state ledger. Regarding the assets the defendants leased from the municipality, «Vodokanal-Plus» is required to settle outstanding dues – 407.1 thousand rubles covering February to July 2024. The administration seeks to compel the court to implement a technical inspection of the sewage systems for «Vodokanal» LLC, and supply municipal bodies with a certified report copy. Judgments on these claims are still pending.
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