The court rejected the claim of the Ministry of Finance about collecting 68.2 million with Potanin and his co-defendants

Суд отклонил иск Минфина о взыскании 68,2 млн с Потанина и его соответчиков

The Moscow arbitration court dismissed the claim of the Ministry of Finance of the Russian Federation on recovery of 68.2 million dollars of losses caused to the state with the elimination in 2010 of OJSC Fkk Roskhleboprodukt”, the correspondent of RIA Novosti news from the courtroom.

The defendants in the lawsuit indicated the owner of holding “Interros” Vladimir Potanin, the Cyprus “daughter” of the holding company Interros International Investments Limited, as well as individuals, Igor gots, Alexander kudelya, Natalia Ryabkin, Ilya Krasner, Jan Lobova, Anna and Michael Uliankov.

The suit was brought in the arbitration court of Moscow on may 21, 2015. The Bank has filed it on behalf of the Finance Ministry, earlier said that the plaintiff demands to recover from defendants the damages caused to the state by the unfair elimination of OJSC Fkk Roskhleboprodukt”. In a statement, the Bank also specified that Potanin involved in the business as one of the co-defendants as the ultimate beneficiary of one of the shareholders of OJSC Fkk Roskhleboprodukt”. In addition, the requirements presented to the liquidator and the administrator “Roskhleboprodukt”.

The motives of the court decision will be known after the publication of the full text of the judicial act. The decision will come into force in a month, if not will be appealed in the appeal.

The representative of the Ministry of Finance said in court that the plaintiff demands to recover from defendants the damages caused to the state by the unfair elimination of the FCC “Roskhleboprodukt”. According to him, due to the liquidation of the legal person, which was a change in the name, place of registration, and secretly from the Ministry of Finance as the lender, in 2010 we discontinued production at the suit of the Ministry of Finance to PXN for the recovery of 68.2 million dollars of debt on a debt obligation issued by the defendant in 1994 as part of the program for the purchase of imported corn seed. According to the plaintiff, the defendants made a “consistent and joint action aimed at evading fulfillment of obligations to the state.” The plaintiff also said that the lawsuit was filed in 2015 in connection “with the loss of the Finance Ministry is likely to receive a judgement about debt recovery”.

The defendants, said Friday the omission of the limitation period, and the absence of guilty actions to recover loss in the order of delicate relationships, despite the fact that the contractual relationship with the plaintiff they did not have. In addition, a number of defendants, in particular, the former liquidator PXN Krasner said about nepodvijnosti dispute to the arbitration court and requested the termination of the proceedings. The court dismissed the petition.

The representative of the defendant Tow, the former head of RKHP previously submitted written evidence, including correspondence between officials of the government, from which it follows that PXN liabilities for legal disputes was discontinued in 1996. According to the lawyer, RKHP have not received any of the money that went directly to foreign producers of grain or grain which was received on the elevators identified by the Ministry of agriculture farms in Russia.

The dispute related to the implementation of the program through a loan of the International Bank for reconstruction and development for centralized procurement of import of goods required for agriculture, including for the purchase of seeds of the elite species of hybrid corn. The program was adopted by the Russian government in 1993. In January 1994, RKHP, through which seeds were brought to the farmers during the implementation of the program issued a promissory note in favor of the government of the Russian Federation for the sum about $ 68 million.

The Ministry of Finance of the Russian Federation in 2009-2010, tried to recover to 68.2 million dollars from the OJSC Fkk Roskhleboprodukt”. The corresponding claim was submitted to arbitration of Moscow in January 2009. However, in July 2010 the proceedings were terminated by the court of first instance in connection with the liquidation of the defendant, renamed by that time, JSC “Agroinvestprom”. The cessation of the production of one then in the higher courts are not appealed. The arguments of the parties and was not considered on the merits. A new lawsuit filed by the Ministry of Finance in may 2015.

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