The road against Rostec leads to prison
Newspaper "Kommersant". June 6, 2023. A case was initiated against the shareholder of the Ministry of Health. I highly recommend that before reading this article, read what Kommersant correspondent Dmitry Astakhov wrote. He quite clearly described everything that is happening, but it still needs to be translated into normal language, because there are legal issues that radically change the understanding of the situation.
What is the essence: The investigating authorities of the Perm Territory initiated a criminal case against Yuri Medvedyuk, the owner of Metatron LLC, which is a minority shareholder of PJSC MZ, and he himself is on the board of directors.
According to the investigation, he abused his powers and committed actions with other persons that allegedly led to the impossibility of technical re-equipment of the enterprise. Earlier, Metatron and representatives of MZ (Motovilikha Plants) appealed to the Federal Antimonopoly Service against the actions of the auction organizer for the sale of Motovilikha property. They are convinced that the valuation of the lot is greatly underestimated.
In fact, the essence of the shareholders' claims was completely different, but it would be better if Yuri Medvedyuk himself, whom we have known since last year, more precisely, since my first publication about Motovilikha, spoke about this. Therefore, naturally, I took advantage of this, and we talked about what was happening.
Yuri, what is going on with you personally and at the enterprise as a whole, why such turns?
If we talk about me personally, today (June 9) in the morning there was a search in the apartment of my mother, the most golden person, a pensioner, and earlier a mathematics teacher at school number 93 in the city of Perm, with many years (more than 40 years) of experience, who learned more than one generation of worthy, smart, decent people.
What was she looking for? Apparently me, or maybe my thoughts, maybe photos of my childhood or my cat, which could bite the director, who did not comply with the State Defense Order or the bankruptcy trustee, who did not register the Unified Property Complex of the plant, on the equipment of which the same director produces the State Defense Order. I don't know, but that's how it feels.
But in general... Rostec Group of Companies is implementing its capabilities in the field of "legal gop-stop technology", which manifests itself in the complete absence of compliance with the law in general.
It looks funny if it weren't really very, very sad.
Can such a search be considered as an element of pressure?
Yes, sure. It is the only way to look at it, and nothing else.
Your turn?
Yes, definitely. I haven't been served with a warrant yet, but I'll demonstrate the one that was served on another person in an open case. There are phrases...
Let's start with the fact that you state your point of view on everything that happens
The state company Rostec, being the main creditor and at the same time the main shareholder of PJSC MZ, decided to liquidate, destroy, what other synonyms can be used, bury in the literal sense (in relation to a legal entity the term is quite applicable) PJSC Motovilikhinskiye Zavody. Remove from the Unified State Register of Legal Entities after the sale of machine tools, buildings, workshops, and all property on the balance sheet of MZ PJSC, which leases it to two of its subsidiaries, SKB CJSC and MGM LLC, which have concluded state defense orders for very important types of special products (I specifically omit the names, from my point of view, even they should be closed today). More than 4 thousand specialists work on the premises of PJSC "MZ", are employees of these enterprises.
What is the main problem here?
The main problem is that MZ PJSC provides SKB CJSC and MGM LLC with everything from production facilities to the last wrench. These are not just “daughters”, it is actually one entity, a holding. And the sale of the property of PJSC "MZ" will inevitably affect the work of two enterprises operating under the State Defense Order.
But bankruptcy with bailout is a pretty logical move in some cases, isn't it?
Yes, yes. But this is when we are talking about bankruptcy. But in our case it is not so. In our case, at MZ PJSC, by the decision of RT-Capital (a subsidiary of Rostec, which is struggling with unprofitable enterprises by selling them), a bankruptcy proceedings procedure has been introduced.
We read the federal law on insolvency / bankruptcy, bankruptcy proceedings are very different from external and other types. Bankruptcy proceedings are generally the final stage in the bankruptcy case of an organization. As part of bankruptcy proceedings, the property of a legal entity is put up for auction in order to repay the claims of creditors, at the expense of proceeds from the sale of property. Upon completion of settlements with counterparties, if there is not enough money, the remaining debts are written off, the organization is declared bankrupt.
That is, what we oppose is happening: the sale of ALL property of PJSC MZ. LIQUIDATION of a legal entity after the sale of its property at auction.
A cool decision by the managers of Rostec, especially during the most difficult events of the NWO.
I really want to emphasize and convey to everyone who sees this: Rostec does not want to complete the procedure by signing the Settlement Agreement with creditors, but rather the LIQUIDATION of MZ PJSC, the parent company, the foundations of the foundations on whose equipment the State Defense Order is carried out.
And here I want to show everyone that I am being charged. Here is the ruling.
Please pay attention to the wording of the claims. It turns out that by my actions “with a group of unidentified persons” (this is to apply the clause more weightily), I “used my powers contrary to the legitimate interests of PJSC “MZ”, did not allow the bankruptcy procedure to be completed on time, “which led to the impossibility of carrying out a technical re-equipment, modernization of equipment, reconstruction and construction of new facilities.
Somehow it is not entirely clear, is it really necessary to bankrupt the enterprise and sell off the property in order to implement such grandiose plans?
No! This is not about the bankruptcy procedure, but about the liquidation of the enterprise! In fact, as Mikhail Bulgakov said, "And this is a case of so-called lies!" I have already said that the bankruptcy administration is the final, the liquidation of the enterprise, just what we, the shareholders, opposed!
Here the question is WHAT are they going to re-equip, re-equip (this is what I seem to be preventing them from doing), if they (that is, PJSC "MZ") LIQUIDATE at the moment?
…to the foundations we will destroy, and then…?
I will allow myself a small digression, just to remind readers. In May, we published an article "Motovilikha Plants": defense in anticipation of a counteroffensive, in which we pointed out what is happening there, and this article can serve as a certain confirmation of the words of Yuri, because here: List of items sold at Motovilikha you can still see a list of everything that Rostec put up for sale. And any normal person can understand on the basis of these lists that after the sale of this equipment, there will be no PJSC "MZ" anymore.
And more about the claims against me. In bankruptcy proceedings (in which MZ PJSC is located), since this, according to the law, is the stage of liquidation of a legal entity that has terminated production, all powers of the governing bodies in accordance with the statutory documents of the legal entity (director, board of directors, meeting of shareholders) are completely TERMINATED . And, accordingly, they have no influence at all on the situation.
Only the decisions of the liquidator (the bankruptcy commissioner) and members of the creditors' committee (the Rostec company represented by RT Capital and others) have legal force.
The fact that I, as a shareholder of MZ PJSC, together with other shareholders, applied to the OFAS in order to prevent the liquidation of MZ PJSC, is, you know, not done out of harm. Excuse me, but the question for 500 is, on what equipment would CJSC SKB carry out the state defense order, if the managers of Rostec sold the plant. And the big question is who would buy it.
So, what is next? What are the prospects?
What's next? We will continue further. The fact that a case has been started does not mean anything, it is clear that “no person - no problem”, but we, the shareholders, still exist and although we absolutely cannot influence the situation, except for various appeals, we will continue do it.
My next step, as a citizen, is an appeal to the director of the FSB of Russia, Bortnikov.
Statement of a crime, violation of state secrets, sabotage, treason.
The bankruptcy trustee of PJSC MZ, trying to liquidate the legal entity PJSC Motovilikhinskiye Zavody, an enterprise located in the register of strategic enterprises of the Russian Federation, published in the public domain a complete list of equipment, fixed production assets, sizes and quantitative indications of buildings, workshops, land plots, engaged in the production of special equipment as part of the implementation of the State Defense Order. With indication of manufacturers and years of production of unique equipment of the steel complex.
The list is closed to access.
A group of persons, including the bankruptcy trustee of PJSC "MZ", members of the creditors' committee of PJSC "MZ", participants in the meeting of creditors of PJSC "MZ" who voted "FOR" (meeting of creditors in July 2022) decided to liquidate the existing machine-building holding of PJSC "MZ", carried out an attempt to sell his property at auction, as having ceased production activities, and without registration in a single property complex (requirement for strategic enterprises that have ceased operations, subject to liquidation, Articles 195, 196 of the Federal Law -127).
Due to the limited number of bidders, the price of property of PJSC MZ was supposed to be reduced to a minimum of 830 million rubles per 1 lot (bidding regulation number 13) and sold in favor of Remdizel LLC, located in the Republic of Tatarstan, the participants of Remdizel LLC are individuals.
Additionally, I ask for state support in terminating the bankruptcy proceedings of MZ PJSC and concluding a settlement agreement with creditors with debt forgiveness up to 10 percent of the amount of claims.
Here, the gentlemen from Rostec have really done so much that it just needs to be cleared up at least partially.
So, to draw a line, can we say that you, as a representative of a group of shareholders, oppose the liquidation and bankruptcy of the PJSC "MZ" enterprise in favor of forgiveness of part of the debts and the continuation of the factories?
Yes, here you just need to clearly understand that bankruptcy can be useful. These are amicable agreements, these are reorganizations, bankruptcy is not yet the death of an enterprise. But the liquidation of an enterprise within the framework of bankruptcy proceedings is liquidation. Shot, if you will.
In general, from a legal point of view, Rostec is now engaged in replacing one way out of the current situation with another. Such a method as liquidation is never applied to a working enterprise. Competition management is for those enterprises that no longer work and do not produce anything. But PJSC "MZ" and its subsidiaries are not.
At PJSC "MZ" - competitive management. The bankruptcy trustee can only liquidate the enterprise, sell its property and give money to creditors. That's it, according to the law, he no longer has functions, and they are not needed in this situation.
As you understand, since 2018, there has been no bankruptcy management at Motovilikha, and this is logical, the plant was working, the state defense order was being carried out, and everything else would be insane.
Perhaps it would have been smarter to change the bankruptcy management to an external one and sell the entire enterprise, but then they should have given so much money for Motovilikha to be enough for both creditors and shareholders. It is unrealistic to find such a buyer, and indeed, the circle of buyers is small.
In general, besides liquidation, are there other ways of developing events?
Yes, they are. Especially when the enterprise is operating, and we are not talking about profit, for example, it just works “to zero”. There are options in which an enterprise, especially a working one, can just exit the bankruptcy procedure. And this is precisely the way out of the procedure, and not liquidation.
I have a question about a document. Are you accused of signing some fictitious protocols that were used by you in order to participate in the process and represent the interests of shareholders in the bankruptcy case of MZ PJSC?
As for protocols. In accordance with Federal Law No. 127 on bankruptcy, if an enterprise is in the process of bankruptcy management, then all management bodies represented by the director, board of directors, board of shareholders, they are abolished. If under external management directors and shareholders can still somehow influence the situation, then under competitive management, the functions of former managers are completely abolished. All decisions are made by the bankruptcy trustee and the council of creditors.
The only thing that shareholders can do in such a situation is to participate in court and challenge the actions of the liquidator there. All. There are no other legal options. But even in order to appear for participation in the trial, shareholders are required to choose a representative. One to represent them.
In general, if you look at the law on joint-stock companies, there is no such thing as a “representative of shareholders”. This is a gap in our legislation, this is only in the bankruptcy law. It is clear why this was done, shareholders should have at least a ghostly chance to protect their interests in the same arbitration court. If their interests are violated by the same bankruptcy trustee.
So, it was the COURT that asked us, the shareholders, to appeal against the actions of Rostec, which is both a shareholder and a creditor, and decided to liquidate the enterprise.
We, private shareholders, who own 35% of the shares, decided that yes, since the court asks to do this, it’s not a question. We held a meeting in absentia, and as a result, this very protocol appeared, in which I was chosen as a representative. This is not the minutes of the meeting of shareholders, it is rather a form of application to the court, where we decided that one person will represent the interests of our group. And this statement was confirmed by extracts from the Register, which confirmed that this was done by real shareholders.
Everything, all the other claims against me are the free work of the “Rostekhov”, because I can’t present anything: since 2018, since the start of competitive management, neither as a shareholder, nor as a member of the Board of Directors, I can’t do anything for our factory. By law, I can’t, and therefore accusing me of disrupting the construction and re-equipment of the enterprise is very unscientific fiction.
Total. Rostec still really wants to liquidate and sell the Motovilikhinskiye Zavody. For anyone, for anything. In March 2018, PJSC Motovilikhinskiye Zavody entered the bankruptcy proceedings with an amount of accounts payable of about 17,6 billion rubles. Now the property of the enterprise can be sold for 10% of the starting price, that is, for 831 million rubles. You can draw your own conclusions.
According to rumors, the main contender for the purchase of Motovilikha is the Remdiesel company from Naberezhnye Chelny. The company is, to put it mildly, classified.
Perm shareholders believe that Motovilikha should remain where it is, that is, in the Perm Territory. This will definitely protect the enterprise from moving and other difficulties. Metatron LLC, Avers LLC, Tera LLC, as well as an individual minority shareholder Ruslan Valitov, continue to challenge the actions of the bankruptcy trustee aimed at liquidating the enterprise.
And now, obviously, a new round in business. Criminal prosecution of shareholders who disagree with the actions of Rostec.
Of course, RT-Capital immediately denied participation in the initiation of a criminal case against Yuri Medvedyuk, but really, who admits to this? Although it is clear to a more or less reasonable person that if Medvedyuk interferes with Rostec so much, then the best place for him is in places, albeit not very remote from Perm, but in the traditions of Siberia and the Urals, not very comfortable.
The fact that the case is sewn with white threads is clear without any special investigations, it is enough just to read the document concocted in the Perm police department and ask a question about who benefits from Motovilikha working further for the good of the country.
But no, in Rostec, in addition to hypocrisy and outright juggling of facts, they decided to open a new milestone. Gardening creativity with planting objectionable and frankly interfering. Well, for some reason, there is no surprise at all. It's nothing personal, just money, right?
By the way, once again (and this is not the first article on the topic of Motovilikha), I invite Rostec to speak on the topic. Moreover, we would gladly publish their story on how to properly conduct business. Professionals are simply obliged to educate those who do not quite understand. I confess that I do not understand how it is possible to liquidate an enterprise, sell off property, and then start building, modernizing and re-equipping something.
So we are still open to the opinion of Rostec. And for the third time I invite you to comment on what has been written.
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