At the moment, in order to prevent the owner, RASCO LLC, from entering the production site, the former tenant, Expo Glass LLC, barricaded the entrance to the plant (Gus-Khrustalny district, Anopino settlement) with concrete blocks, stretched the barbed wire, reinforced the protection of the fighting club by armed athletes. Thus, from an attempt at a raider seizure in the form of falsification of documents, committed on March 5, Expo Glass switched to aggressive forms of illegal retention of someone else’s property in order to dispose and use it at its own discretion against the will of the real owner.
According to Dmitry Kulakov, Deputy General Director of RASKO LLC, the company, which is currently going through bankruptcy proceedings, terminated the lease agreement for the Anopinsky industrial complex with Expo Glass LLC, signed in April 2019.
“However, the general director of Expo Glass LLC, Alexander Smirnov, gave an order not to leave the territory, concentrating unlawful actions within the perimeter of the Anopinsky plant,” Kulakov continues. – Earlier, Expo Glass LLC destroyed glass furnaces and equipment at the RASCO plant in Voronezh, which became one of the reasons for terminating the lease relationship with Expo Glass LLC.
According to expert estimates, by organizing the dismantling of the Voronezh production site, Expo Glass caused damage to RASCO in the amount of 1.5 billion rubles. The supporting documents – the agreement between Expo Glass LLC and the company that carried out the dismantling, as well as the certificate of completion signed by Alexander Smirnov – were submitted to the court by RASCO’s creditors (most of them signed an inter-creditor agreement). The court considered their arguments and in July 2020 seized RASCO’s movable and immovable property as interim measures.
In turn, the bailiffs entrusted the seized property to the general director of RASKO LLC, who, for lack of an opportunity to ensure its safety, left it with the tenant – Expo Glass LLC, risking incurring liability under Article 312 of the Criminal Code of the Russian Federation.
Against this background, the facts of the gratuitous, illegal use of the debtor’s property by the tenant, which was not transferred to Expo Glass LLC under a lease agreement, became known – this information appeared as part of the investigation of a criminal case initiated in September 2020 due to the low cost of renting Anopinskaya playgrounds.
Based on the above circumstances, the creditors filed a statement with the bailiffs who resumed enforcement proceedings to inspect the seized property and transfer the entire complex for storage.
In RASCO LLC, in the absence of resources for the safekeeping of the seized property and taking into account the gross violations of obligations by Expo Glass, leading to a decrease in the bankruptcy estate, they took exceptional measures – they unilaterally terminated the contract with the tenant.
– Federal laws on bankruptcy and on enforcement proceedings give such a right, since they are special in relation to the Civil Code of the Russian Federation. As a result, the responsible storage of the seized property is a priority in relation to any civil obligation, – comments the lawyer of RASKO LLC Marat Valeev. – However, the Civil Code of the Russian Federation (Art. 450.1) allows one of the parties, in self-defense, to refuse to fulfill controversial lease agreements and terminate the corresponding obligations that impede the responsible storage of property.
As Kulakov explained, in view of the specifics (continuity) of production, the only correct solution in this situation was to involve a specialized company in measures to ensure the safety of property. The contract concluded with Novoe Steklo LLC was to be valid from the moment of the actual transfer of the seized RASCO property to a new custodian and operator who has sufficient potential to maintain the glass furnace and technological lines in working order, and to develop production.
The actual transfer was supposed to begin with the property not included in the lease agreement with Expo Glass LLC. However, the employees of Expo Glass LLC, the tenant company, did not allow the management of RASKO LLC, the owner of the Anopinsky Glass Factory, to enter the territory of the enterprise.
Thus, the conflict around the Anopa site entered a new round: a statement was sent to the police on this fact, as well as a statement about obstruction of enforcement actions during the inspection and seizure of property by bailiffs. Also, a statement was sent to the police on the facts of the theft of RASCO’s property, which has been methodically happening since April 1, for example, according to the information of workers, refractories have been removed.
According to Dmitry Kulakov, provided to him from reliable sources, Alexander Smirnov gave the command to the hired athletes to provoke conflicts and bring the situation against the owners of the plant to Article 111 (intentional infliction of grievous bodily harm) of the Criminal Code of the Russian Federation, for which he promised to pay generously.
As the specialist of the permitting and licensing system of the Gus-Khrustalny district was explained, the athletes are registered as loaders of the Symbol plant, while they have security guards’ licenses and personal weapons. Beds were brought to the administrative building for their residence on the territory of the Anopinsky plant, that is, Alexander Smirnov acts in the style of the dashing 90s.
Experts in the glass market suggest that aggressive actions are associated with the presence of unaccounted glass containers in warehouses located on the territory of the Anopinsky plant, due to which the tax base is reduced. Among these products there may be a bottle for counterfeiting strong alcoholic beverages.
Source – TV-MIG