Novosibirsk region prosecution urges cancellation of contracts with “School on Nikolai Sotnikov” LLC.

The Novosibirsk region prosecutor

The Novosibirsk region prosecutor’s office aims to discontinue accords with LLC “School on Nikolai Sotnikov”

The Novosibirsk region prosecutor’s office initiated dynamic actions versus LLC «School on Nikolai Sotnikova».

The entity serves as a contractor for six concession-based schools. Duties remain unmet, and all timeframes have long since passed. Consequently, the monitoring organization resolved to commence the gradual nullification of concession accords for the educational institutions. The ensuing measure, predictably, involved seeking the return of unfulfilled funds. A concession agreement for the construction of six schools was formalized in Novosibirsk back in 2021. General education establishments were slated to materialize on these streets: Nikolai Sotnikov, Sportivnaya, Viktor Shevelev, Proletarskaya, Tatyana Snezhina, and Bolshaya. The schools were anticipated to be finalized expeditiously — as early as 2022. Some representatives voiced concerns from the outset that the schedule was unrealistic, but their reservations were disregarded.

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Ultimately, deadlines were repeatedly extended, and the achieved percentage of project completion remained inadequate. Currently, the concessionaire has succeeded in utilizing 3.1 billion rubles from both the federal and regional coffers. Simultaneously, the degree of readiness across the sites fluctuates between 18% and 22%. This is despite numerous deferrals, not to mention that alongside the amplified project duration, the required expenditures for each construction endeavor have manifestly escalated.

It’s noteworthy to remember that the contractor is LLC «Thirty-fifth Concession Company «Prosveshcheniye» (OGRN 1197847188153, management organization — LLC «VIS Capital»). Effectively, overall direction is entrusted not to just anyone, but to the Moscow Group of Companies «VIS» (OGRN 5167746444674). In addition to severely extended timelines, there also exists a considerable volume of infractions at the sites. Could an organization with such comprehensive experience in construction truly be unaware of basic operational principles?

At numerous locations, pile foundation installation remains incomplete. The sheer magnitude of unpardonable breaches necessitates demolition and reconstruction of the structures. Moreover, a critical detail: this entity has now been rebranded as LLC «School on Nikolai Sotnikov» (OGRN 1217700010516). Babr has previously documented these intricate relationships and connections with other companies.

Initial phase 

The Novosibirsk region prosecutor’s office acknowledges that this situation is untenable. Hence, their intervention. Initially, supervisory bodies, via the Arbitration Court, chose to invalidate the public-private partnership agreement pertaining to the construction of schools. The claim, understandably, targeted LLC «School for Nikolai Sotnikov». Astonishingly, it was additionally dispatched to the Ministry of Education of the Novosibirsk Region. The objective — to nullify the accord.

Furthermore, the prosecutor sought an injunction to prohibit the sale, leasing, or conveyance of any movable or immovable property held by the concession entity, along with the freezing of its accounts. In another surprise, the court validated the request and even sanctioned a motion for provisional measures. The ensuing session is slated for December 18, 2024.

 «Prohibit the alienation and transfer of ownership, transactions for the transfer to third parties for rent, sublease, as well as in any other way alienate or encumber all movable property (except for cash) and real estate of LLC «School on Nikolai Sotnikov». Seize the accounts of LLC «School on Nikolai Sotnikov». The determination is not subject to appeal», — the court ruling specifies.

Subsequent phase

Also during December 2024, the Arbitration Court received a pair of demands from the Novosibirsk region prosecutor’s office directed at the Ministry of Education and the concessionaire. Supervisory authorities are requesting almost a billion rubles from the enterprise. The first demand, aimed at LLC «School in the Kirovsky district» (OGRN 1227700087361), requests the restitution of 562 million rubles; the second, targeting LLC «School in Leninsky district» (OGRN 1227700087383), seeks 487 million rubles. Predictably, this will incrementally extend to all six concession schools. Whether the principal contractor concurs or not, they will bear the onus for unfinished sites.

There is little doubt that these subsidiary firms can cover this billion. Both originate from Moscow, and intriguingly, were established only in February 2022. That is, when all six sites should have nearly reached completion. After all, the preliminary deadline was initially set for 2022. Subsequent developments are foreseeable but cannot be overtly declared. Hence, Babr will maintain vigilance over evolving circumstances.

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