Mandate on raiding. Deputy of Legislative Assembly partying agricultural enterprises of Novosibirsk
Next scandal with participation of local deputies of the United Russia political party started in Novosibirsk. One of co-owners of Posevninskaya poultry farm Sergey Kolesnikov filed a petition in Investigative Committee of the region. He accuses his partner − chairman of Agrarian committee of the Legislative Assembly, member of United Russia Oleg Podoyma of raider occupation of the entity.
Next scandal connected with repartition of property runs high in the Novosibirsk Region. This time representative of large regional agribusiness, and in combination − chairman of Committee on agrarian policy of the Legislative Assembly − Oleg Podoyma was involved in it. The staff of Posevninskaya poultry farm claims that the deputy intentionally bankrupts their entity and all 400 people employed on poultry farm risks to lose their work. The most interesting in this situation – the poultry farm is part of a holding, which owner is Oleg Podoyma.
All conscious experience of the Novosibirsk deputy and members of his family is one way or another connected with the agriculture industry. Oleg Podoyma − CEO of CJSC Oktyabrskaya Poultry Farm agroholding. Together with CJSC Novo-Baryshevskaya Poultry Farm he is registered as the founder of baryshevsky LLC Agrokom − both structures are headed by spouse of the deputy Irina. She serves in Council of deputies of the Novosibirsk district for the second term, in the territory of which there is a baryshevsky poultry farm. The parliamentarian's son − Maxim Podoyma working in Agrokom as the chief executive − appears one of the founders of LLC Ptitseprom which is leasing out the real estate. Other founder of this firm is Kochenevsky poultry farm. Also Maxim Podoyma is elected the deputy of the Baryshevsky Village Council.
Oleg Podoyma − chairman of Committee on agrarian policy, natural resources and land relations of the Novosibirsk Legislative Assembly. Was twice chosen in Legislative Assembly under the list of the United Russia party. For today enters the five of the most secure deputies of the Novosibirsk Legislative Assembly. He is considered one of the most influential players of the agricultural market of the region.
Structures of a deputy family regularly receive state support. In 2014, 10 million rubles from the regional budget were allocated to baryshevsky poultry farm for compensation of costs on purchase of the equipment. The Medvedsky stud farm and Posevninskaya poultry farm entering the holding received 6 and 3 million rubles respectively.
In 2015 Novo- Baryshevskaya, Oktyabrskaya and Posevninskaya poultry farms were included in the departmental program of the Ministry of Agriculture according to which 14 entities of poultry farming could expect a direct help from the regional budget on acquisition of the equipment. The total amount of support till 2020 without specifying to whom it goes exceeds 272,9 million rubles. Besides, the Oktyabrskaya poultry farm since 2011 repeatedly benefited tenders for delivery of fowl to healthcare institutions and formations of Novosibirsk for the amounts from 100 thousand to 2 million rubles.
It would seem, in case of such stable financial injections all entities of holding should develop gradually. But in December an open letter in which the signed by clear text accuse Oleg Podoyma of deliberate bankruptcy of poultry farm was sent to speaker of the Novosibirsk Legislative Assembly Andrey Shimkivu from employees of Posevninskoy poultry farm. The letter was preceded by the national descent of residents of the settlement (most of them are employed on Posevninskaya − the city-forming entity of the settlement) which is carried out on December 1, 2016. According to the audience, the entity appeared under the threat of disorder as a result of actions of the majority shareholder who actually captured, and now plundering the entity, using political and administrative resources.
Deputy of the Novosibirsk Legislative Assembly Oleg Podoyma
The financial position of poultry farm is far from stability for today. At the end of October of last year the Novosibirsk arbitration issued writs of execution about collection of 4,5 million rubles from Posevninskaya for benefit of regional government of Rosimushchestvo for lease of 9,18 thousand hectares of the earth. In 2007 the Russian Agricultural Academy refused the site of 15,1 thousand hectares because of bankruptcy of the state unitary agricultural enterprise OPH Posevnoye. The territory was divided, and the Posevninskaya poultry farm leased one of sites from administration of Cherepanovsky district. However in the 2010th Rosimushchestvo carried out state registration of the property right to the land. Posevninskaya, as appears from case papers, continued to pay district administration, which did not consider it illegal as had the current agreement of lease. On the one hand, the court partially supported requirements of Rosimushchestvo, on the other - recognized that the agency is guilty of rejection of the decision on transfer of the site to property of district administration.
Besides, in October LLC Agromarket decided to exact from Posevninskaya 380 thousand rubles as the simplified production. One of petitions of the claimant is connected with recognition of Posevninskaya bankrupt. It is not excluded that for these reasons last year shareholders dismissed the CEO of Posevninskaya Sergey Kolesnikov depriving him of right of access to documents and information on activities of the entity. Kolesnikov's place was taken by Sergey Chubarov, heading Kochenevsky poultry farm some time. The ex-director is currently trying to recover his rights, writing on his former partner an application to the Investigative Committee. Sergey Kolesnikov heading factory for 17 years and owning 44% of shares of CJSC Posevninskaya poultry farm considers that the partner pursues such financial policy to depreciate an asset and to become the individual owner of factory.
The factory was founded in the working settlement Posevnaya of Cherepanovsky district of area in 1975. Now 430 people work there. In 2001 Posevninskaya was included into CJSC Oktyabrskaya Poultry Farm belonging to Oleg Podoyma. According to Sergey Kolesnikov, during this period, solely owning business, he invited Podoyma to become his partner. The situation in the entity at the beginning of the ‘aughts’ was difficult, there were no current assets, the credits were unavailable. To keep poultry farm, an investor was required. And Kolesnikov offered Podoyma's structure 51% in the authorized capital, keeping 49%. The deputy agreed to a profitable transaction, becoming the owner of a controlling stock and the chairman of the board of directors, and Kolesnikov remained the CEO of factory obliged to perform instructions of the chairman of the board of directors. Oleg Podoyma at that time owning Oktyabrskaya poultry farm − the entity more powerful and working on a complete cycle from production of incubatory egg to a ready carcass of a chicken, invested 30 million rubles as the share. However, not by cash, but by incubatory chickens and other tangible assets, including sterns. Such alliance was first profitable to Posevninskaya: the factory had no incubator and received chickens with Oktyabrskaya, also there it delivered a carcass of chicken for implementation and conversion, and practically all products were sold under a brand Oktyabrskaya. Several years later, in 2007, the owner of the controlling stake asked Sergey Kolesnikov to sell him another 5% of shares of CJSC Posevninskaya poultry farm. Shares in the shareholder register were re-registered, but,, according to Kolesnikov, money were never sent to him (this fact is specified by Kolesnikov in his statement to the Investigative Committee).
Former CEO of Posevninsky Sergey Kolesnikov (the second at the left)
At the end of September, 2016 Oleg Podoyma decided to get rid of his partner – suggested him to submit the resignation letter at own will without explanation. Kolesnikov refused such ‘offer’. Then Podoyma, using the fact that he is the owner of the controlling stake and has the majority in the board of directors of Posevninskaya, in November of last year arranged the decision of general meeting by which Kolesnikov was discharged of a post, and a confidential person from Oktyabrskaya − Sergey Chubarov was appointed to his place.
Right after that, as employees of the entity claim, on Posevninskaya the events foretelling destiny of fast bankruptcy began to take place. The accounts payable before Oktyabrskaya poultry farm significantly increased - literally in one and a half months by 50 million rubles. Export of grain on other entities of agroholding is actively conducted, also the computer with the established software for making of banking activities on non-cash accounts of Posevninskaya poultry farm, under the threat of closing the lethal shop and the shop of conversion of biowaste is exported.
At the moment CJSC Oktyabrskaya poultry farm denies the conflict fact on Posevninskaya − according to lawyers of agroholding, factories work within relations of accounting entities, and there are no legal proceedings between Oktyabrskaya and Posevninskaya. Oleg Podoyma denies accusations in raiding and, in turn, accuses the partner of attempt of ‘destabilization’ of a provision at factory. Kolesnikov's dismissal, according to his version, is motivated that in November, 2016 in connection with the developed unsatisfactory financial position at the entity, and also for the purpose of providing a proper management of activities of the entity and adoption of operational decisions, extraordinary general shareholder meeting was decided to stop Kolesnikov's powers ahead of schedule. It should be noted that Sergey Kolesnikov during the extraordinary meeting of shareholders was on the sick-list therefore he estimates actions of the former partner only as raiding. Kolesnikov is sure – Podoyma takes all steps only to take the share fraction belonging to him.
These are not the first similar accusations to Oleg Podoyma. In 2011 two entities – Kargatskaya poultry farm and Medvedsky stud farm joined structure of his holding. Then absorption was also followed by scandals. For example, during this period the holder of 10% of shares of CJSC Poultry Farm Kargatskaya, Kyrgyz businessman Rakhi Sanzhurov not only could not be a part of the board of directors of the entity, but also did not invest 3 million dollars in development of poultry farm. The management of the entity then declared that it is not ready to cast in the lot poultry farm with an unknown investor. It is not excluded that the categorical refusal of financial investments from Sanzhurov was connected with the fact that just in 2011 at the entity the procedure of merge to the Novosibirsk agroholding of Oleg Podoyma already began. For that period the financial position of Kargatskaya was, to put it mildly, deplorable. The entity worked only for a quarter of capacity, had debts, did not get profit, was paying small salary (about 6 thousand rubles) with big delays (for two months) to its workers. In December, 2010 the district prosecutor's office fined the CEO of Kargatskaya for debts on a salary in the amount of 492 thousand rubles then the debt was repaid within five days. Major shareholders of Kargatskaya at that time were workers (more than 300 people), however blocking, none of them owned the controlling stake. For this reason the Kyrgyz businessman so easily managed to acquire 10% of shares of the unprofitable entity. But he was not allowed to build business in the Novosibirsk region. In spite of the fact that the purchased share block allowed representatives of the businessman to join the board, he was refused to do it, being accused of attempt of raider occupation of poultry farm. And the poultry farm was included into Oleg Podoyma's agroholding.
The same year JSC Breeding Plant Medvedsky also was a part of holding. The bankrupt entity was purchased by structure of the deputy for 58 million rubles. Experts believe that the asset interested poultry breeders in the potential for development of own food supply − the stud farm had extensive farmlands. Grain which was raised on these squares could provide a considerable part of requirements of poultry farms for a food supply, respectively, cost value of production of a bird would decrease. The real estate, transport and the equipment, the right of lease of the parcel of land of 9,4 thousand hectares, and also cattle were a part of the property purchased by agroholding. What is interesting, the stud farm in the claim of CJSC Posevninskaya Poultry Farm − the entity entering into Podoyma's agroholding was made bankrupt. The accounts payable of stud farm constituted 20 million rubles. In October, 2009 at the entity competitive observation, and in April, 2010 − bankruptcy proceedings was entered. In a year of JSC Breeding Plant Medvedsky it was sold to closed joint stock company of the same name.
According to the report on issue of securities, CJSC Breeding Plant Medvedsky it is created in February, 2010, founders − by CJSC Posevninskaya Poultry Farm (51%) and CJSC Novo-Baryshevskaya Poultry Farm (49%). The last also owns Posevninskaya (51%). These entities, and also breeding poultry state farm Baryshevsky, Oktyabrskaya poultry farm and breeding poultry state farm Novosibirsk are included into one group of companies which is controlled by the CEO of Oktyabrskaya poultry farm, the deputy of regional Legislative Assembly Oleg Podoyma.
In upholding of the interests the ex-director of Posevninskaya poultry farm intends to go all the way. It denies accusations from shareholders in financial disorder of factory, restacking fault on the former partner. According to Kolesnikov, Posevninskaya bought on Oktyabrskaya chickens at high prices, and sold fowl on the same Oktyabrskaya on underestimated. Posevninskaya received less considerable amount of profit as the margin settled on Oktysbrskaya. It is confirmed by data of audit according to which products of Posevninskaya were delivered on Oktyabrskaya 23−27% cheaper than market value. “Thus, only understating of selling prices on OPF [Oktyabrskaya poultry farm] in comparison with market more than for 20% according to the chosen nomenclature entailed understating of net assets of Society on the amount at least on 236 933 thousand rubles and, respectively, understating of cost of 1 share”, is told in the audit report, and calculation which if the court recognizes it reasonable, confirms Kolesnikov's claims is given in the same place.
For today Sergey Kolesnikov submitted several applications to Arbitration tribunal where he hopes to prove that a number of the specific transactions approved by the board of directors which chairman is Podoyma brought damage to joint-stock company that contradicts the Civil Code. And to his claim to the Investigative Committee Kolesnikov enclosed the conclusion of the auditor examination considering that significant material damage was caused to Posevninskaya poultry farm: “net assets of Society are underestimated at least by 530 million rubles, at the same time the cost of 1 share of Society is underestimated at least by 4,6 times”.
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