A large construction company in Nizhny Tagil, Uralstroymontazh, which, in particular, is executing a billion-dollar contract for the reconstruction of local roads within the framework of the national project Safe and High-Quality Roads, has found itself at the epicenter of proceedings with government agencies.
So, the contractor is now trying to challenge the additional charges of tens of millions of rubles after the audit of the Federal Tax Service, as well as his inclusion in the “black list” of the Federal Antimonopoly Service due to problems with another major municipal contract. In both cases, the merchants have already declared that they will face significant damage if the decisions of the services are not suspended, but the courts could not convince them of their position. Meanwhile, observers note that the problems with the fiscals, apparently, are not limited to tens of millions, but in parallel, the construction organization is under pressure from partners. In particular, Uralvagonzavod, an asset of Rostec Group of Companies, put up demands for a hundred million rubles to a company from Nizhny Tagil, and Steel Industrial Company announced its readiness to file a bankruptcy lawsuit against Uralstroymontazh. The beneficiary of the business, Aleksey Golyashchenko, speaks of his readiness to challenge the claims and “a personal conflict with the authorities of Nizhny Tagil.”
The executor of the billion-dollar municipal contract in Nizhny Tagil, which is being implemented as part of the Safe and High-Quality Roads national project, LLC Uralstroymontazh, in an appeal, is trying to get the suspension of the decision of the Federal Tax Service, to which the companies were additionally charged tens of millions of rubles.
Earlier, the construction organization, challenging the claims of tax officials on VAT for 34 million and on income tax of 20 million, already insisted on “freezing” the decision, pointing out, in particular, the potential damage to the business.
“The recovery can cause significant damage to the financial and economic activities of the organization, the one-time execution of the decision of the inspection will entail a significant restriction of the taxpayer’s property opportunities, the emergence of difficulties in the implementation of his activities and the fulfillment of contractual obligations, the onset of adverse consequences in the form of penalties under contracts for non-fulfillment obligations, while the company is obliged to fulfill its obligations to counterparties, repay the current debt and ensure the stable implementation of activities,” followed from the position submitted to arbitration, which, however, refused the company’s demands.
At the same time, it should be noted that the claims of the state agency against the company from Nizhny Tagil, apparently, are not limited to the amounts described above. So, in a lawsuit against the tax authorities, interim measures are mentioned “for the amount of additional charges in the amount of 126.9 million.” In addition, according to Kontur.Fokus, the company has enforcement proceedings for 128.7 million, related to the collection of taxes and fees, including penalties.
Meanwhile, the company’s problems are not limited to disputes with the fiscals. So, Uralstroymontazh LLC (the owner and director, according to Kontur.Fokus, Alexey Golyashchenko) is now trying to challenge the inclusion of the organization in the register of unscrupulous suppliers under another municipal contract.
As part of the dispute, the structure also tried to obtain interim measures in the form of suspension of the decision of the OFAS in the Sverdlovsk region, but this time it was refused. At the same time, in court, the merchants pointed out the threats associated with getting into the “black list” of the FAS.
Uralstroymontazh is an active bidder, and being in the register of unscrupulous suppliers (RNP) of information about it as an unreliable supplier that improperly fulfills its obligations entails negative consequences, including deterioration of business reputation with potential customers, causing damage due to the impossibility of participating in new purchases, the possible termination of contracts under execution, and, as a result, losses, ”said the company’s representatives.
It should be noted that the company was included in the register as a result of the conflict over the contract for the construction of public roads in the Murinsky Prudy microdistrict of Nizhny Tagil, the cost of which was 551 million rubles.
As follows from the information posted on the public procurement portal, the reason for the termination of the contract was the fact that “the contractor made changes to the project documentation provided by the customer, as a result of which the result of the work became absolutely unsuitable for operation.”
In turn, in the decision on the unilateral refusal of the customer to execute the municipal contract, it was stated: “In terms of the roadway of the Chernoistochinsky Highway, there are deviations from the design decisions that have passed the state examination; the carriageway of the intersection of Udovenko street – Zakharova street has deviations from design solutions; design solutions for treatment facilities implemented by 60%; sidewalks completed – 40%, landscaping completed – 20%”.
Photo: Sergey Kazantsev
However, the beneficiary of Uralstroymontazh Alexey Golyashchenko voiced his vision of the situation, commenting on the proceedings to one of the local media. The businessman said “that the project was working”, and he called what happened “the result of a” personal conflict “of the contractor and the current authorities of Nizhny Tagil.”
It should be noted that there were indeed disagreements between the authorities and the contractor. Including, under the contract for the reconstruction of public roads along Oktyabrskaya Revolutsii Street and Tsiolkovsky Street with an overpass across the railway tracks along Tsiolkovsky Street for 1.3 billion. indicated in official reports, financed, among other things, from the federal budget.
For example, last fall Nikolai Novikov, deputy director of Nizhny Tagil’s Municipal Customer Service, criticized the pace of work on the overpass on Tsiolkovsky Street. “We will take tough measures to force the contractor to perform work. One of them will be the accrual of penalties; through the court, the customer will require the contractor to pay the amount of the penalty for the fact that the object was not completed on time, ”the representative of the SZGH noted then.
Let’s add that now work under the contract for 1.3 billion continues. In January, the second stage of reconstruction started.
In addition to problems with government agencies, Uralstroymontazh, for example, received large claims from JSC NPK Uralvagonzavod named after F.E. Dzerzhinsky (part of the Rostec State Corporation). Claims under two applications of the corporation amount to almost 100 million rubles. In addition, in February JSC “Steel Industrial Company” (Yekaterinburg) officially announced its readiness to go to court with a bankruptcy claim against Uralstroymontazh.