Specialists of “Mechel-Energo took the initiative to amend the current legislation of the RUSSIAN FEDERATION with a view to tightening liability for abuse by unscrupulous managers. In addition to the direct economic losses which various value-added resellers of heat and electricity are today energy enterprises, there is a risk of failure of municipal life because of chronic underfunding for their updating and modernization. Same scam-different regions.
Company LLC “Mechel-Energo”, whose main activity is the production and distribution of heat and electricity, has one big problem. In different regions of Russia in the markets of heat and electric energy situation was critical of indebted local resellers of heat and light. Collecting money from the huge energy kommunal′ŝiki are slow to pay with their producers. Accumulating debts of several tens of millions of dollars, the facilitators initiate bankruptcy proceedings, liquidate the firm and then … create a new one. It is noteworthy that the founders of these “kontorok” are often the same individuals, and in some regions, relatives or loved ones (“Entourage”) heads of administrations of municipalities.
Total consumer debt and PUBLIC UTILITIES to affiliates, divisions and managed companies LLC “Mechel-Energo” for otpuŝennuû heat and electricity at the beginning of January exceeded the 854 million. rubles.
Over the years, from 2008 to 2011, the energy used all legal means to recover both current and overdue debts. Numerous decisions of arbitral tribunals recorded the sum to be returned for light and warmth, but get them in reality often virtually impossible-there is neither bankrupt nor money nor property responsible. U still “functioning” MUPov and “Upravlâek”-other “priorities” in the allocation of financial flows.
To thwart these evil practices, experts of open company “Mechel-Energo” legal intervention, began to apply to the law enforcement authorities, representatives of regional authorities, authorized representatives of the President of the Russian Federation in the Federal districts, where today there are departments of the company. The result is troubling, to say the least. INTERIOR MINISTRY denies criminal proceedings “in the absence of corpus delicti” prosecutorial inspections stalled, the executive authorities are limited to the general supervision of the timeliness and quality of heat and electricity.
“Today there is a real threat to the energy security of entire regions of the country. When not working, we cannot carry out repair and reconstruction of equipment, purchase fuel, spare parts. We cannot indefinitely to borrow. Energy-regulated activity. Regulators will not take into account the cost of interest on our loans. In this situation, we do not exclude the forced closure of boiler houses. In view of the fact that in some cities, there is no alternative to our heating sources, social consequences could be disastrous, “Arthur Krivenko, Deputy General Director of LLC” Mechel-Energo.
Circles of bureaucratic hell of chronic non-payment
At the beginning of 2012, area “public disaster” for power steel city: Beloretsk (Bashkiria), Nytva (Perm Krai), Chebarkul and Zlatoust (Chelyabinsk region), Osinniki and Kaltan, Mezhdurechensk (Kemerovo oblast).
In fairness it should be noted that sometimes, as a result of checks on the facts and the subsequent legalization of money collected from the light and heat, law enforcement institute criminal proceedings. In December 2011, as a result of checks carried out by the public prosecutor’s Office, in the Kemerovo region 3 criminal cases were initiated against managers of management companies on similar facts. But it is already on a assertions improper spending money people listed for warmth that does not guarantee their return to power in full.
Thus, problems in general practice does not address-overdue receivable of enterprises of housing and communal services of the Kemerovo area before the main supplier of electricity in the region-JSC “Kuzbassènergosbyt”, on January 1, 2012, more than 160 million. rubles, including 79 million. roubles-debt management companies.
And total debt utilities servicemen are interested of Kuzbass units “Mechel-Energo” in the towns of Mezhdurechensk, Osinniki and Kaltan is about 300 million rubles! Such a situation cannot but have an impact on the ongoing activities of utilities and repairs in preparation for the next cold season. “Stress key debtors are the municipal organization and management companies. Energy offer activities to reduce the receivables account schedules restructuring and arrears. But all this is in vain: debts continue to grow! “-Arthur Krivenko, Deputy General Director of LLC” Mechel-Energo.
For example, CBM “Boiler and heat networks” in mezhdurechensk on 01.01.2012. has electricity arrears amounting to 53.463 million. rubles, which constitutes consumption for 13 months, i.e. municipal enterprise over a year gathering with the residents money and spend them on your own without paying the energy sector. The problem of arrears before the electrical engineers of kommunal′ŝiki want to solve very originally-from January 2012, starts its activities the new enterprise-OJSC “heat”, and all previous treaties between the utility and CBM “Boiler and heat networks” was simply terminate without notice and payment of debts. January 11, 2012, LLC “Mechel-Energo” received a letter from Director CBM “Boiler and heat networks” by V. P.v. to rescind electricity in connection with the establishment of a new company “heat”.
Director of Legal Affairs LLC “Mechel-Energo” Dmitriy Čikišev gave the following comment: “This contract could not be avoided because one of the conditions of the contract have been violated by the other party” Boiler and CBM heat networks “: they do not have notified us of the expected liquidation of the enterprise according to the terms of agreement for a month and did not have a complete account of consumed energy. In addition, the desire to avoid “CBM” expressed exactly in Keats ‘ height ‘ heating season-in the middle of winter, when the inhabitants of municipal enterprise has not seen fit to ask about the need to supply them with heat and hot water … Critical situation around CBM “Boiler and heat networks” it is not the first year. Around the fault are regular-payment that, to date, has already led to many millions of debts. At the moment, we have every right to the non-payment for applying the most stringent measures, i.e. the complete cessation of electricity “.
In 2005, the company “Mechel-Energo is selling electricity to the municipal enterprise” Boiler and CBM heat networks “, which provides heat and hot water to most of the population of the city. Although approved by the administration of the city Meždurečenska schedule of restructuring and debt are even obligations to transfer payments for current consumption of electricity (capacity).
“We have been able to exercise his right of entry restricted mode of consumption of electric power (capacity) to the level of an armor. But taking into account the fact that electricity is disconnected without hot water boiler house district is more than 60 per cent of the population of the city Meždurečenska, and outside the window-less thirty, the measure we regard as extreme. Call CBM “Boiler and heat networks” to comply with their obligations not to violate existing law and not only in Word, but also a matter of concern for the citizens of the city. The population of the city Meždurečenska should not suffer, “-said in his open letter to the Director of LLC” Mechel-Energo-”Mechel-Energosbyt” Ivan Solânnikov.
On the territory of Kemerovo region are created in project zemeņu Iela 2 firms, are artificial delays in contracting, management companies deliberately not accepted for valuable resources and, as a consequence, their payment is not made. At the same time most of the inhabitants are faithfully paid for utilities, without even knowing that the managing companies funds do not reach the supplier of energy resources, and “settled” in the pockets of their founders and leaders! In the absence of any control over the activities of management companies by the municipalities of widespread violation of current legislation of the Russian Federation. Such case identified in the town of Kaltane: the founders of several companies-one day-”Spectrans trade”, LLC “KSK” are the same person: I. I., Vasilyev Vladimir Yurkov and Director of all of these “companies” is Sergey Gennadievich Vasiliev. Collected from residents “spend money” off of their choice, including the fabulous salaries and other payments, of course, in their favour or in favour of his court.
In addition, the same Vasilyev, is the founder and Director of another company-UK PUBLIC and HOUSING UTILITIES Kaltan. ” Debt only those companies for heat supply was more than 17.5 million rubles and this is just one of the heating period! It should also be noted that these firms-intermediaries means is not only money, but also residents money from the budget, “rastvorivšiesâ” in the pockets of the people! According to the facts of the prosecution and investigation. Where are gone, and for whose pockets “settled” budgetary resources and money, the investigation remains to be seen. Or another example: Two management companies operating in the territory of the Topkinskogo urban settlement, have outstanding accounts receivable to ensure supplier in the following volume:
• 9.2 million. BR-OOO “Topkinskaâ real estate management company” (Director Karavayev Vladislav Sergeevich);
• 4.8 million. br-”home” (Director-Bogdan Dmitriy Viktorovich).
Accumulating accounts receivable for electricity before the resursosnabžaûŝej organization, management companies are working on the translation of the multi-family housing stock in direct management of apartment blocks. After which, the company ceased operations and “samolikvidiruûtsâ” are not fully repaid the debts accumulated during the period of the provider, and gathered residents money left in their pockets. In addition to abuses in part-payment occurred and the facts of falsifications minutes of meetings of owners reason to attract the management company and, as a result, giving the right to receive money from the population. Thus, by the above mentioned company, “PUBLIC and HOUSING UTILITIES Kaltan” were falsified records at least 33-m homes, according to which from October 2011, increased tariffs for maintenance and repair of housing, as well as more than 2 times the increased management costs. As a result of the machinations of the leadership of the company was illegally obtained by nationals of more than 390 thousand rubles.
ESPRIT-payment is a blow to the economy of the region
Very often the “disposal” of money from circulation and COMMUNAL SERVICES sphere is systemic in nature and harms the entire economy of the region. For example, in the town of Nytva (Perm Krai) heating season is in jeopardy because of the unscrupulous resellers of heat energy is not able to pay for gas.
Energy LLC “generating company Nytva-Energo, single source of energy for heating, water supply and sanitation for consumers Nytvenskogo urban settlement, was forced to turn to the Chief Federal Inspector for perm a. p. Andreev, Deputy Chairman of the Government of Perm Krai a. l. Kudryavtseva, Head of the State Inspectorate of non-departmental monitoring of Perm Krai a. a., Lavrentiev the critical situation that is emerging in the settlement in connection with the activities of unscrupulous operators and management companies in the market for housing and communal services to customers Nytvy.
Gathering with people Nytvy money for heat, various company managers and MUPy “forget” to list their utility.
The total arrears of organizations active in the housing sphere Nytvenskogo urban settlement (PNC) for energy before Ltd HK Nytva-Energo to date has reached 35 million. rubles and continues to grow. The amount of debt is a volume of sales of products of the enterprise. Repeated treatment of power in administrative and supervisory bodies of the municipal and provincial level have not yet produced the desired effect.
As a result of the continuing cash shortage, the energy supplying company is not in a position to implement a fully fledged business, on time, procuring fuel for routine repairs, to pay salaries and pay taxes. Only for gas energy company owed 21 million. rubles. Arrears of taxes (NDFL)-5 million. rubles. The company pays claims gas supplier interest on delay time of payment for gas. For 10-11 g g. recovered nearly 4 million. rubles, interest for using credit resources for two years amounted to 2.5 million. rubles. These costs cannot be taken into consideration when determining the tariff and are direct non-refundable expenses of the organization.
In the three years since “HK Nytva-Energo energy supply market (01.01.2009), as network operators in the settlement were:
OOO “RTÈK”, prekrativšee in Nytve in May 2010. After accumulation of debt to LLC “GK Nytva-Energo” $ 12.5 million. rubles and withdrawal of cash, the company commenced bankruptcy proceedings, currently entered bankruptcy proceedings, and it was already clear that funds for settlements with creditors. LLC “RTÈK” worked under a contract of lease of municipal property, which, of course, after the commencement of bankruptcy proceedings brought back the Administration, leaving creditors with no chance of getting its debts;
-CBM “heating system”, founder of the Administration Nytvenskogo urban settlement (PNC). The company began work in May 2010. and graduated activities in the market of heating in April 2011. Balance of arrears to LLC “GK Nytva-Energo on 01.01.2012, -14.5 mln. rubles. Assets of an enterprise, so that debt prospects. I.e. repeats the situation with SIA “RTÈK” because of the heating season is collected funds from the population, the calculations are made by resursosnabžaûŝej, and money spent on your own, resulting in multi-million dollar debts to electrical engineers who have to recover them in a Court of law and initiate bankruptcy proceedings. At the same time, the municipality is the owner and founder of MUPa results do not yield.
In 2009, under a contract management with the administration of the NATIONAL CIVIL POLICE to the market management of multi-family houses left management company LLC “UTILITIES” (founder and Director, Mr. y. v. Batuev). Having already established in Nytva scheme energy debts before “GK Nytva-Energo” in the amount of 4.5 million. $ Mr. y. v. Batuev in early 2011, get rid of the “business” by selling the company’s random person and its re-registration in St. Petersburg. So far, duty unpaid. Law enforcement, Nytva, having considered the appeal of CC “Nytva-Energo” on this case, no saw action, criminal prosecution anything Batueva had found no grounds for taking action, reaction, and the police-grounds for the institution of criminal proceedings. In the first quarter of 2011, Mr. y. v. Batuev establishes a new SRO, “partner”, appoints a Director shall sign a fiduciary management agreement with HOUSING and COMMUNAL SERVICES “Ltd and works in the market of management of multi-family housing stock. The administration of the NATIONAL CIVIL POLICE to contracts Office of multi-family houses with the criminal code. LTD. CC “partner” already has boosted debt to LLC “GK Nytva-Energo” over 2 million. rubles. According to preliminary calculations, on the date of the end of the heating season 2011-2012 timeframe. debt LTD. CC “partner” to “CC” Nytva-Energo will rise to 6-7 million. rubles, and recover its full implementation would be impossible, and the law enforcement authorities again “closed eyes” and not find anything criminal.
Ltd HK Nytva-Energo to 01.05.2011, serves as a utility and the only network operator in the sphere of heating on Nytvenskomu urban settlement. Fulfilling the requirements of existing laws prohibiting the supply of energy, energy bezdogovornuû the invoiced to all consumers offer contracts for the supply of heat energy. However, a large part of consumers, including managing companies, delayed execution of the contractual relationship, thereby destabilizing the steady work of the life support systems of the city.
In the activities of management companies, Nytva tendency, in which the latter had unilaterally renounced the Office of apartment blocks, refusing the admission of liability for and payment of consumed energy houses mentioned.
Be noted that latter-day Nytvenskogo urban settlement, by the same people called “the stream” criminal scheme and bankrupt companies, including managing companies. Artificially delaying the signing of treaties and instruments for the supply of energy leads to an accumulation of debt to the utility. The existing system, including non-earmarked, promotes the use of funds, received for the payment RECEIVED.
“On these and many other facts that we have repeatedly reported to the administration of the city of Nytvy, and to the Prosecutor’s Office, including an edge, however, and the Administration, and the public prosecutor’s Office considers legitimate and lawful action figures quite a few celebrities actually assign money people who faithfully pay for consumed energy. Just a guess as to why these individuals in managing companies for several years, with impunity, carry out such activities. Algorithm of these actions is to collect money from people who use their discretion, then make or get rid of the company’s debts, to create a new company, through which again raise money from people, “said the Director of Legal Affairs LLC” Mechel-Energo Dmitry Čikišev.
“Today is the organisation chart of a number of businesses in the latter-day, Nytva withdrawal from responsibility for the final result. Under such conditions, the system of housing and communal settlements cannot operate with sufficient stability and inevitably allow serious failures or for technical reasons or because of lack of sufficient financial resources, Ltd. HK Nytva-Energo “to finance the ongoing activities. Given the great attention given to the first person in Russia, including personally to the President of the Russian Federation d. a. Medvedev, the problem of unscrupulous companies in latter-day, hope that the Government can change the negative image of Perm Krai in latter-day Nytvenskogo urban settlement to solve the problem of debt existing at the moment in the field structures and implement measures to prevent the further growth of the debt for the consumed energy patterns “-sums up the General Director of LLC” GK Nytva-Energo Vasily Ovcharenko.
When the head-as the leader…
The hardest part to the employees work in the regions where activities of MUPov-perprodavcov is under the personal patronage of city administrations. Problems for its thermal energy in the town of Chebarkul Lake (Chelyabinsk region) has significantly worsened after changes in the administration of Čebarkul′skogo City District, namely, after the election of the head of the city of Orlova A.v.
The accumulated arrears of CBM “UK Kommunal? Shik” on January 1, 2012, is 41mln. rub Given this huge energy debt, were forced to in relation to the debtor to initiate bankruptcy proceedings. In accordance with the decision of the Arbitration Court of the Chelyabinsk oblast from November 23, 2011, the municipal enterprise was bankrupt. The Court of arbitration indicated for signs of deliberate bankruptcy. MVD, Čebarkulâ statement review the arbitration Manager of indictment of MUPa. Law enforcement test results should show which were listed and in whose pockets settled funds from residents and State-financed organizations, Čebarkulâ. To suppliers of energy resources that money never came.
As Director of Legal Affairs LLC “Mechel-Energo” Dmitry Čikišev: “…deliberate bankruptcy is a serious offence (article 196 of the Criminal Code), which provides for the punishment of imprisonment for up to 6 years. In addition, in case of insufficiency of the property of the debtor to repay the debts of the legislation of the Russian Federation does not exclude the attribution of responsibility and punishment subsidiary responsibility as head of the debtor and the owner of property administration unitary enterprise, Čebarkulâ, created the municipal enterprise “.
Separated Division of the LLC “Mechel-Energo” Čebarkule produces thermal energy for the needs of the consumers of the 01.10.2006,. Heat supply was maintained on time and in full. By 30.09.2011, thermal energy generated by LLC “Mechel-Energo”, had been acquired by CBM Kommunal? Shik “UK”. The company operated municipal heat network, and carried out further resale of thermal energy consumers, including population. After the start of the bankruptcy proceedings manual CBM “UK Kommunal? Shik” intends to liquidate the legal entity with impunity. Management of the housing stock took over the “professionals” to another operating company-”chance” of a newly created city Kommunal? Shik “UK LTD Čebarkulâ” (has for about 90 per cent of the housing stock). However, and this management company continued the tradition of non-payment. Part of the debt was paid only in December 2011, for the consumption of heat energy supplied to October and only after power to the authorized representative of the President of the Russian Federation in Ufd Eugene Kujvaševu. After which the LLC fee again ceased. The size of the debt according to LLC “Mechel-Energo” reached nearly 40 million. rubles. It turns out that in order to obtain payment for the supplied resources with a management company, must each month turn to Polpredu of the President of the Russian Federation, without this Act for the Manager of the management company and the head of the city of Čebarkulâ, as they say, has not violated the law.
Repeated appeals to the head, the Čebarkulâ have no effect, and OOO “UK Communalshchik city Čebarkulâ”, with no objections from the local authorities, did not intend to properly fulfill its obligations to pay for consumed energy. As a result, the management company, receiving money from people not paying the resursosnabžaûŝej organization and uncontrolled spending received from residents of money, by the way, during the heating season consists of dozens of millions of rubles, in its sole discretion. The Prosecutor’s Office and the police, as noted above, does not see this as anything criminal.
Claims for non-payment by utilities for energy are not only to chapter, Čebarkulâ, the Deputy Head of the urban Safonovu, Alexei Pavlovich, who was appointed in 2010, after the Orlov a.v. and a zemlâkom chapter-also hails from the city of Miass gymnasium ¹ 19. However, soon after it became clear that not everyone in the biography of head of urban and housing and communal services so peachy. Some years earlier he had indeed worked in a communal area-was the Director of one of the managers, and UTILITIES LLC Miass gymnasium ¹ 19 “alternative”. Here is the result of that: “in July 2006, entered into legal force of the sentence against the Director of the management company LTD and COMMUNAL SERVICES” alternative “Alexei Safonov. Miass City Court confirmed the concealment of Safonovym from taxation over 9 million roubles and for tax crimes gave it a real term-one year in colony settlement “(rossiyskaya Gazeta Southern Ural No. 4434 from August 8, 2007). Furthermore, immediately after coming to power, the new people had “account-cash Center, which mediated between the consumers of public services and management companies. Of course, on a reimbursable basis. The managers of management companies, philosophy inspiration to create a bridge between the occupants and suppliers of energy resources was still the same, the newly appointed “Deputy” Safonov A.p. thus becomes clear why it was after coming to power in the city began A. Orlova problems to pay debt management companies, despite the fact that the collecting of payments from inhabitants of the town of Chebarkul Lake is more than 95 per cent.
Republican coloring Russian habits In the town of Beloretsk (Republic of Bashkortostan) judicial inspection uncovered improper use of funds collected from the warmth Director PCŽ “partner” Mikhailov Ea as well as violations of the Regulations of the Government of the Russian Federation governing board adjustment, resulting in no adjustment has been made in all homes.
Director of Legal Affairs LLC “Mechel-Energo” Dmytro Čikišev noted that SIA PCŽ “partner” at the beginning of 2012, has boosted debt for warmth before Beloreckim branch LLC “Mechel-Energo to 28.245 million roubles-debt for supplied heat more than one heating period. LLC “Mechel-Energo made a statement to the Court for recognition of the management company bankrupt. Definitions, Tribunal RB first from September 12, 2011, and then from December 8, 2011 requirements of the LLC “Mechel-Energo” substantiated totaling $ 20.74 million. rubles.
Notably, the Director of “PCŽ” partner “Eugene A. Mikhailov is Director JSC” Beloretsk spring “-the manufacturer of thermal energy in beloretsk. According to available information, JSC “Beloretsk spring” is already overdue debts to gas suppliers at a cost of more than 14 million. rubles, that is likely to bring the EA and Mikhailov to bankruptcy.
“Currently, the Beloretsk thermal energy market situation was exacerbated by the non-payment of intermediary companies. OOO PCŽ “partner” is the second company based in bankruptcy procedure: CBM “Teploservis”, whose debts before the Beloreckim branch of “Mechel-Energo have exceeded 26 million. rubles, also was rejected. We intend to make maximum use of all statutory opportunities for debt recovery for otpuŝennuû heat and hold to account those who are carrying out the decisions of the Court.
Attention is drawn to the fact that PCŽ LLC “partner” and “Teploservis” CBM is a value-added resellers of thermal energy to consumers. OOO PCŽ “partner” was the retailer heat directly to the public, Beloretsk and consumers were with him for warmth, but to the producer that money has not arrived, when the company proxy. “Because the Director had explicitly Mihailova E.a. contempt of the law and its direct violation-no marks entered into legal force of the decision of the arbitral tribunal, at the end of 2011, the law-enforcement authorities, Beloretsk was sent a statement about the audit of PCŽ LLC” partner “and its head-Mykhaylova EA, as spending on the facts collected from public funds and into the long non-decisions of the arbitral tribunal”,-said Dmitry Sergeevich.
The light at the end of the … Law
It is obvious that the problem of indebtedness of municipal enterprises and management companies to assume gigantic proportions and electrical engineers of tens and hundreds of millions of rubles, not taken from somewhere, and from the pockets of residents paying services managing companies and sometimes even from the budgets. These problems need to be addressed, both at the legislative and enforcement action.
To summarize: there are legislation regulating activities of management companies, there are violations and abuses in this area, but subsequent impunity enjoyed by law enforcement authorities for evidence of money laundering by fraud and bring the company to bankruptcy, is a condition in which the facts occurring in the future.
To resolve this issue, first and foremost, to tighten the enforcement of the provisions of the criminal code to the leaders and founders of the management companies, as well as to the heads of cities and regions, creating such municipal enterprises and with impunity only by people who faithfully pay heating, electricity etc. Continued this practice when the utility money to consumers and do not reach, can cause mass breakage of power equipment, thermal and electrical networks. Given the climatic and geographical features of Russia, it is safe to say that the emergence of large-scale emergencies, with disastrous consequences is a matter of time.
In addition, energy found it necessary to raise the question of liability insurance in case of impossibility of settlements with power supply utilities organisations. This measure was necessary because the managers are people with money are able to control their disposition and actually meet people for their livelihoods, but in practice do not bear any responsibility. The introduction of mandatory insurance of this type of business will increase the responsibility of managing companies and displace the market notoriously unscrupulous businessmen. Also there is a need to reduce the number of intermediaries between consumers and power supply utilities organisations.
