ARBITRATION REFUSED A SUBSIDY FOR 1.3 BILLION DUE TO MISSED DAYS

The appellate instance, which considered the decision of the Sverdlovsk arbitration, supported the colleagues and did not involve the former heads of the Alapaevsky Metallurgical Plant (JSC AMZ) to subsidiary liability. The petition for this was previously submitted by the bankruptcy trustee.

Recall that AMZ received the status of an insolvent company in 2018. The initiator of the process was Mikhail Dmitriev, who demanded 1.1 billion rubles from the plant. The company was engaged in the production of ferroalloys.

The bankruptcy trustee considered that the debts of the plant in the amount of 1.26 billion should be answered by its former managers: Vitaly Novikov, Dmitry Trusov, Mikhail Kushnikov and Mikhail Shvetsov. All of them in different years (from 2010 to 2018) managed the economic activities of the enterprise.

Also, in the petition for involvement in the subsidiary, the manager indicated the former financial director of the company Olga Vasilova and the former chief accountant Nina Lunina. Initially, the subsidiary dispute involved the company "Novaem" (JSC), which managed the holding company, which included JSC "AMZ". Subsequently, its ex-head Vitaly Chernomor was listed as a possible defendant.

Previously, Chernomor had already been brought to criminal responsibility. The businessman was arrested in 2019, and in 2022 he was sentenced to 7 years in a general regime colony, local media reported. The court recognized that Chernomor received loans worth 1.7 billion from the bank by submitting fictitious documents. About a third of the term the former head spent in jail, waiting for the verdict.

As a result, the Sverdlovsk arbitration court refused the bankruptcy trustee, pointing to the omission of the statute of limitations. The law requires that the claim be filed within 3 years after the organization was declared bankrupt.

Since the plant received this status on September 12, 2018, the deadline for the claim remained September 12, 2021. However, the application was received only on September 13 in electronic form, and on September 14 – in the form of a paper mail. The day was lost and the subsidy was refused.

Photo: Freepik