Йух себе в рот вложи, раб галерный!

Советчик, мля!

ха-ха-ха! то есть бледной моли в карман наши пенсии!А нас в сортир, чтоб не мешались своим больным, несчастным, диким видом !

Цахес, твое место в сортире истории!

спаси нас Путин.В.В ,коррупция поглотила колыму

Stocks for the Moscow Moor Where are 1300 million rubles for securities placing of the Kolyma OJSC? Wanted the best… In the 1st of January, 2000, Kolymaenergo OJSC notified of the state registration of usual inscribed undocumented stocks in a number of 3231 million. Announcement explained securities’ terms and course of placing of the issue and how to draw up properly an acquisition order for stocks purchasing, also mentioned bank details to transfer through a bank. The payment should have been effected by a commercial bank located in Krasnodar. In a word, a firm of repute undertook this matter that had a considerable basis. At least such an expression was aimed to effect by organizers on those who would decide to play for high stakes by swallowing the bait of promising advertising. A local preparatory work started early before. An emitter (organization that issues securities) primarily concerned about the convincing arguments owing to which it found supporters in power-holding structures. The administration of Yagodinskiy region in its head presence carried a conversation in April 29, 1999, that, as others, contemplated the backpay of Kolymaenergo OJSC to the local budget of tax payments. It was included into the order paper intentionally: for that moment and including previous years, energetic’s debts were in the amount of 228.7 million rubles, a serious amount enough for the region. According to the conversation results there was reached the agreement according to which “the Yagodinskiy region administration grants Kolymaenergo OJSC a remission of taxation in the amount of 228.7 million rubles at the market price in a day of transfer”. An official record among other documents was signed by the head of administration F. Trenkenshu and G. Smolin, the director-general of Kolymaenergo OJSC. Later Smolin approached to the financial department of Magadan region’s administration and Magadan mayor’s office with the suggestions in a manner of “stock for tax payments’ debts”. The farther in, the deeper. In the beginning of 1999 Magadan regional Duma has already made a decision a Bill of Investment of the Building Ust’-Srednekamskaya Hydroelectric Station. It interprets the following: “With a purpose of early building ending of the Ust’-Srednekamskaya hydroelectric station as one of the main parts of fuel and energy sector of Magadan region… the sums of the regional member of special economic area due to be assigned for targeted extra-budgetary fund of a Magadan region’s social development, remain at the disposal of Kolymaenergo OJSC since the current Bill has come into effect until the 31st of the 2002. Consider these sources as the investments (capital deposit) into a basic capital of the Kolymaenergo OJSC and especially as expenses for building of the Ust’-Srednekamskaya hydroelectric station on the conditions of attachment of specified part of stock to the Magadan region state property”. The Bill was signed into law on the 3rd of November of the 1999. … But it turned out as usual. As it is said, it was very nice on paper but forgot the troubles later. The stocks of the fourth additional issue were registered in June 16, 2000 and they might have been placed in two weeks. Differently but while the public offering period a number of potential investors had been concluded standard purchase agreements with Kolymaenergo OJSC. RAO UES of Russia purchased stocks in the amount of 1680 million rubles and invested this sum into a building of the Ust’-Srednekamskaya hydroelectric station. However, the situation developed against the most of investors. One of the local companies Regiondragment Ltd. Applied for the part of stocks issued in the amount of 1200 million rubles. When G. Smolin, the director of the Kolymaenergo OJSC got known about that, he demanded all previous bids and the register to be terminated and met a burden of the further securities distribution on his own. Shortly, in the offering circular instead of specified current account in Krasnodar Bank there was opened another one in Corvette Bank (Moscow City); afterwards actions followed for which the performance with stocks was started. In capital were created three business units: Backar Ltd., PromstroyTAC CJSC and ONAX-Consulting Ltd. Backar transferred 140 million rubles on the account of Kolymaenergo OJSC in the Corvette Commercial Bank, which the recipient used immediately to pay bills issued by ONAX-Consulting. I will explain for those who do not know all these ins and outs – bills unlike stocks are not required to be documented for realty or money of the corporation that has issued them. That is why some kind of Ltd. with the nominal capital of 8-10 thousand rubles and that has nothing else is able to issue even a billion of bills if it has a buyer. In our case they had – Kolymaenergo OJSC that had salary debt and tax debt payment to the pension fund and also budgets of different rates over 1 billion rubles. The exact amount of issued bills was 1300 million rubles but Backar transferred into the Corvette Bank 140 million as previously mentioned. Then this sum was run through the appropriate accounts with xeroxed payment obligations tenfold. The reaction of frustrated stockholders that has sustained both material and moral damage is so predictable. A number of claims were advanced to the Magadan Municipal Court and Arbitration of the Magadan region, Regional Prosecutor Office, RAO UES of Russia, and numerous appeals to other superior instances. The Magadan regional public organization ‘Investory Kolymy’ took part to find the truth in this story, which was created at founders’ decision in May 14, 2001. The main objective that it follows is to protect the rights of investors, stockholders, persons concerned and theirs investments into energy sector of the Magadan region in various judicial instances, social institutions, in all organizations where these problems may be solved. “The response was silent. Thoroughly withholds board of directors of the Kolymaenergo OJSC. However it would be seemingly the primer one interested to introduce proper order as once the chairman of board of directors V. Pekhtin has confirmed the offering circular. Profits and losses reports of the last year balance sheet do not show cash inflows for placed stocks”, we read from one of the stockholders’ claims of RAO UES of Russia directed to A. Starchenko, a copy to the president of RAO UES of Russia A. Chubays. “1300 million rubles must have been transferred on the settlement account of Kolymaenergo OJSC. It would cover at last all debts to make the organization work through settlement accounts but not set-offs that loose almost a half of raised money. In addition, it has become known that some stockholders such as Backar Ltd., PromstroyTAC CJSC have paid the sum owing partially but 1/10 of its part. Though, in reports of the issue summary Backar Ltd. is included as discharged its obligations completely. What purpose was this made for?” Plaintiff’s arguments are considered unconvincing A letter was sent in May 21, a stockholder’s meeting was in June but author has received no answer to the present day. And the question in the end of the quotation seems to be rhetorical one as we all wise and see what purpose this is made for. As also see that after that stock fraud the promised salary and tax debts payments, investments in the Ust’-Srednekamskaya hydroelectric station and many other boons that have been promised northerners by project’s authors, cry bitter tears. Very good example with the Metal-export company, when having claimed to Arbitration of the Magadan region it tried to recover losses from Kolymaenergo OJSC as a result of fraudulent advertising. The company wished to buy 400 thousand stocks. In December 25 of the last year was made the first payment but next there came a notification that money had returned because of absence of the settlement account specified in agreement and the money recipient (we know the reason for today – an account in the bank of Krasnodar was not opened). To Kolymaenergo were sent the signed documents and request to specify the number of settlement account or to put other bank details for money transfer. No answer to receive then. A similar request was made in February 2, 2001 with the analogous result as a consequence. And in May 21, 2001, a petition for compensation of losses in the amount of 90 million rubles was sent to the Arbitration. Plaintiff’s arguments were more than convincing. For instance, those bank accounts’ manipulation. While the most of wishing to buy securities of the fourth additional issue tried to get through to the account specified in a offering circular but not existing actually, the investors, who were provided by Kolymaenergo OJSC with a level of maximum favor, could easy pay for stocks by a classified settlement account in the Corvette Bank of the Moscow city. In Court decision this fact was mentioned and interpreted interesting enough at the same time. It tells, “With an absence of the settlement account and the money recipient in a specified bank, money in the amount of 2000 rubles has been returned.” The fact seems to be. However, this page contains over some next paragraphs one of the explanations why a defendant does not admit the plaintiff’s claims, “to a breach of the stocks purchase and sale agreement the plaintiff has made payment before making of agreement”. Next page tells the Court’s conclusion according to which then goes a dismissal of the claim, “making an agreement the plaintiff must have transferred to the defendant not less than 200 thousand rubles and send a payment document with the signed agreement to the defendant, according to point 3.3. in the agreement. However, to a breach of the agreement the plaintiff took measures to transfer money for stocks only in the amount of 2000 rubles.” Are there too many contradictions? Contrary to the Court’s statement the actual payment was effected in February 25 that is after making of the agreement signed in December 9. What does it tell about? Primarily about that case papers were not studied by the Court. In addition, what would have changed, if the plaintiff transferred not two but all two thousand rubles? Would where have appeared a settlement account specified in the offering circular? Would the company have become a stockholder? Unfortunately, there are no miracles especially when they are not in plans. And what else we should pay attention to. Defendant’s claims – to pay after making of agreement and law process – to send the securities’ holder a payment document along with the signed agreement, will you admit that they do not match to each other. Take notice that the purchase and sale agreement tells the requirement to pay 50% of total amount by December 29 but not specifies a partial or full payment. That is not all yet. In the part of the securities offering circular of Kolymaenergo OJSC ‘Placing of securities among the second priority buyers’ we read, “An application for the second priority buyers of the current issue are satisfied by issuer according to their accession chronologically.” It means that all information about the date of accession must be resisted in a special log without fail. The register of current stockholders was available to only and the first number was fixed under those company of Moscow that has got the first priority buying of stocks by obscure reasons. A clear answer for seemingly simple question has not followed, whether an application of Metal-export company was registered and by what date, if it was. One can run but cannot hide? Talk shortly about those who are the winners in this dark story. While prosecutors inspecting the stocks case were in the capital they had not found among the specified addresses Backar Ltd., PromstroyTAC CJSC and ONAX-Consulting Ltd., people listed in appropriate documents of Kolymaenergo. The Moors has done their business without addresses and toof a French leave with dignity. That is real situation that according to a lack of components of crime the criminal case N 14158 is going to be dismissed, which was instituted by the Prosecutor’s Office of the Magadan region for abuse of official position of the Kolymaenergo OJSC executives. Against a decision of the Arbitration of the Magadan region, the Investory Kolymy Public Organization made a reclaiming petition, which specified all violations of the current legislation in the field of advertising spread, stocks purchase and selling. However, the appeal instance has ignored plaintiff’s arguments again. None of the facts above-mentioned was taken into account that evinces guilt of the defendant irrefutably. That is why a cassation appeal made by the plaintiff with a help of Investory Kolyme Organization was amoved to Khabarovsk addressing to the Federal Arbitration Court. Regarding the determination upon a dismissal of criminal case we are going to get its cancel judicially. When has this taking to peaces started, in matter were also involved: a chairman of the board of RAO UES of Russia A. Chubays, Federal Comission for the Securities Market. However, there worked the mode of “hold a brief of coat” and was decided not to wash dirty linen in public. Obviously one tries to keep the matter quiet. If it is not managed we will be gaining our object. In August 15, 2001, our organization sent claim to Magadan Municipal Court, according to which the defendant is the Kolymaenergo OJSC and the co-defendans are the Federal Commission for the Securities Market and also a chairman of the Kolymaenergo’s board of directors Pekhtin (currently a leader of the Unity Fraction in the State Duma), a director-general of Kolymaenergo OJSC Smolin and a chief accountant Kondratyeva. What does the public organization the Court ask for? First of all, to admit advertising for placing of the fourth additional issue fraudulent and the fourth issue invalid. We suppose that Kolymaenergo OJSC has broken norms of the federal legislation and primarily the Standards of stocks emission, the Act of investor rights protection, Stock Corporations Act. In existing situation the Investory Kolymy Public Organization will insist on fair investigation of its claims and criminal case directed to investors’ rights protection. Editor’s comment What case Pekhtin is smooched on by investigators upon? This article written by a chairman of the Investory Kolymy Public Organization Alexander Saliev was published in release of the ‘Vecherny Magadan’ newspaper of November 21, 2001. However, this issue was not seen by a reader: the whole edition was arrested at typography’s exit and utilized then according to instruction of the overzealous (when should not do) law enforcement authorities. That is why the ‘Lubymiy Gorod Magadan’ newspaper decided to print this article from ‘Vecherny Magadan’ to give people of Magadan an opportunity to read it even after some years. Moreover, we think that this issue still keeps its topicality. The special operation on caption and utilization of the newspaper issue with an “adverse” article is said to be ordered from Moscow on demand of Vladimir Pekhtin. It seemed that law enforcement bodies were ordered “to stop the hunting and slander campaign against him.” The criminal case N 14158 had been closed by that time already, which Pekhtin was one of main the persons involved in. By the way, like as another criminal case N 74446 upon a fraud when some executives and workers of Kolymaenergo tried to buy the stocks of the RAO UES. It is well known the way of criminal case closing regarding the high officials suspected in sleezy methods. By this time it keeps unknown for someone that Kolymaenergo OJSC and G. Smolin claimed against A. Saliev and the Vechniy Magadan editor upon the mentioned article publication. The claim was examined by the Magadan Municipal Court in May 3, 2002. The defendants have estimated theirs “honor, quality and business standing” in amount of 13 million rubles and referred to invalid information in ten points. We say now that the Court admitted invalid only one point and ordered to pay the offset for moral damage to G. Smolin in amount of 500 rubles. This can be said that offended Kolymaenergo and Mr. Smolin have suffered a default. In his evidence in the Court A. Saliev stated that all facts mentioned in article are written in official documents supplemented to the criminal case N 14158, which had been instituted by the Magadan regional prosecutor’s office. According to investigation there are found the essential elements of offence in A. Smolin’s activity specified in clause 185 of the Criminal Code of Russian Federation – “abuse under securities issue that has actualized in writing of inadequate information scienter in the securities offering circular.” So, why the criminal case was closed? The Russian Criminal Legislation is turned to be the most humane in the world. Here is the interpretation of this. “Clause 185 of the RF Criminal Code acts in case if a conducted crime has not led to a heavy damage. From materials of the criminal case as a result of infraction made by the head of Kolymaenergo Ltd. upon the securities issue, there was no direct damage to a property of citizens, companies, institutions and organizations as all finances transferred on the settlement account of the Kolymaenergo OJSC in Kuban’-Credit were returned to owners and the damage has become evident in the a loss of profits (opportunity of dividend collection from stocks, reselling of stocks at higher price and etc.). The RF Criminal Legislation does not consider loss of profits as the damage to a property that creates an essential element of crime, especially provided by the clause 185 of the RFCriminal Code.” This casuistic leads to a one thing: there is the criminal clause concerning the officials’ abuse of Kolymaenergo (director-general Smolin who ordered to plan the offering circular, and chairman of the board of directors Pekhtin who signed this offering circular) upon the securities issue, what is proved by investigation, BUT NO PUNISHMENT TO INVOKE! They say there was not any feature of the lucre in Smolin and Pekhtin’s activity; the bosses just took a lark a bit folly and the prosecutors reprimanded gemtly. By the way, about lucre… According to the materials of criminal case it follows that all finances in the amount of 1 399 682 380 rubles transferred on the settlement account of the Kolymaenergo OJSC in a Corvette Commercial Bank while placing of the fourth securities issue, were used by a director-general Smolin to buy bills of exchenge of the ONAX-consulting, and simultaneously with that a personnel staff of the company had not been drawn up a salary for a long period (more than two months). Therefore, the elements of crime are rather evident that provided by p.1 of cl.145-1 of the RF Criminal Code, “overdue salaries as the result of lucrative or other personal interest of a head of company. However, those prosecutors stated that “investigating a lucrative or other personal interest of Smolin G.I. as the motive of overdue salaries is not determined, it is impossible to specify the lucrative or other personal interest of Smolin.” And therefore, “…the criminal case against Smolin G.I. in a part of a commission of crime specified by cl. 185, p.1 cl. 201 and p. 1 cl. 145-1 of the RF Criminal Code, is to be withdrawn under point 2 portion 1 clause 5 of the Criminal Procedure Code of Russian Soviet Federative Socialist Republic of the lack in his activity of elements of the specified crimes....” We hope the reader clearly sees all these features of our prosecutors and legislation? Years have passed since those events. Today just few know in Magadan that the criminal case up against the Kolymaenergo management upon abuse at the securities issue has been revived again consequently from “newly-discovered facts”, and it is conducted by the Investigations Directorate of Internal Affairs of the Magadan region. These facts are the privacy investigation. It is just known that, for example, it is driven weak enough and suspended periodically for a long term on the ground, for example, that a company concerned with the fraud is not identified and consequently they search for witnesses. And the “witness detection” may be prolonged a year and more than. In this connection a version is set up, which may be probable. Law-enforcement bodies delay the criminal case investigation for the reason that they use Pekhtin as a cash cow. That means, pay us – we suspend the procedure again. If you don’t – we revive it and transfer you from a witness to accused… That is the business relations. The investigation can not close the case as according to new facts the failed fraud leads to “serious” clauses of the Criminal Case that provide real stretches. So, will the criminal case be followed to its logical end?