The MKS engineering company, which specializes in the construction of energy facilities, demands to withdraw tens of millions of rubles from Chelyabinsk oligarch deputy Konstantin Strukov from Yuzhuralzoloto.
Long-term cooperation of organizations turned into a series of lawsuits, a significant part of which the gold mining company has lost at the moment. This happened despite references to some “enslaving” conditions, large losses as a result of equipment failure and “inflated prices”. Now YuGK is trying to challenge another contract related to the supply of equipment by the MKS group of businessman Maxim Zagornov, and continues to demand millions from opponents. At the same time, the gold miners have to fight off large claims from the Federal Tax Service, which has presented UGC with billions in losses as part of the bankruptcy case. In addition to the conflict with the fiscals, the bailiffs also received writ of execution in the company’s labor disputes and proceedings with the MKS. At the same time, counterparties declare their readiness to file lawsuits to declare Yuzhuralzoloto bankrupt.
JSC “Yuzhuralzoloto Group of Companies” (SGC) of the Vice-Speaker of the Legislative Assembly of the Chelyabinsk Region Konstantin Strukov intends to challenge in cassation the recovery of more than 92 million from the company in favor of LLC “MKS Group of Companies” (director and beneficiary, according to “Kontur.Focus”, Maxim Zagornov, President of the Association of small-scale power generation). Information about the complaint is placed in the file of arbitration cases.
Earlier, the appeal approved the decision to recover 74 million debts and more than 18 million rubles of a penalty from the YuGK, and recently enforcement proceedings for the corresponding amount appeared in the databases.
Photo: rpn.gov.ru
To clarify, we are talking about a conflict that unfolded around a general contractor agreement for 160 million rubles. Under the agreement, the MKS group of companies assumed obligations to perform a set of works at the facility “Energy complex based on the MWM TCG 2032V V16 CGU of block-modular design in the amount of 4 pieces of equipment located at the production site <...> Plastovsky municipal district, GOK “Svetlinsky” JSC “UGK”.
As follows from the materials of the proceedings, after the execution of work under the contract, the MKS did not receive a full payment from the deputy’s company, which led the organization to court. We also note that Yuzhuralzoloto tried in another court to invalidate this general contract agreement, referring to some “enslaving” conditions, but lost the proceedings in two instances.
Now Konstantin Strukov’s company, by the way, is trying to challenge another earlier supply agreement concluded with the same MKS Group LLC. An examination was appointed in the case, the term of which was asked to be extended in December.
Meanwhile, under a supply agreement, SGC demanded more than 85 million rubles from Zagornov’s assets. In the corresponding amount, the company estimated the losses associated with the failure of two K-250 compressors, which led to a long production downtime and subsequent unstable operation due to lack of air in the mine.
“The plaintiff points out that in connection with the breakdown of the equipment, he suffered losses <…>, which are formed on the basis of: the cost of the K-250 compressor drive electric motor – 2.5 million; repair work performed by a contractor – 4.43 million; wages of workers “Central” (downtime due to lack of air) – 4.46 million, wages of employees of the Plastovskaya Mill (downtime) – 929.2 thousand; insurance premiums – 1.85 million; technological metal <...> – 14.77 million; technological metal, gr: ZIF Plastovskaya (not processed) – 41.9 million, ”followed from the explanations of the YuGK.
However, the courts did not agree with Yuzhuralzoloto’s position that MKS Group of Companies should bear responsibility for the incident, pointing, in particular, to decisions to recover money from the gold mining company itself under the contract.
Photo: RIA Novosti / Alexander Utkin
We add that in addition to the writ of execution for 92 million, another noteworthy negative marker was recorded against the company – enforcement proceedings, the subject of which is the remuneration of employees.
In addition, Fedresurs published a message about the intention of the Moscow company Avtorsky Kamen LLC to file a lawsuit to declare bankrupt JSC Yuzhuralzoloto Group of Companies. As can be seen in the file of arbitration cases, earlier the organization managed to achieve a decision to recover 11 million rubles from the assets of the Chelyabinsk deputy.
However, in the near future the lawyers of the SGC will have to fight off much more significant demands. So, next week, a regular meeting should be held on the requirements of the Federal Tax Service to recover losses in the amount of 1.58 billion rubles from YuGK Management Company LLC, YuGK, as well as Strukov and other persons.
Recall that earlier Yuzhuralzoloto has already faced major claims from the Federal Tax Service. After a detailed study of the operations of the asset of Konstantin Strukov with the involvement of the FAS, the competent authorities of several countries and the Interpol branch, the fiscals came to the conclusion that a scheme had been created with the inclusion of nominal, controlled companies from Cyprus in the cash flow chain in order to obtain the right to preferential taxation. YuGK tried to challenge the claims in the courts, but could not defend its position.
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