Bailiffs describe the property of the Samara diocese of the Russian Orthodox Church due to a multimillion-dollar debt
As Kommersant learned, Samara bailiffs intend to auction off the property of the local diocese of the Russian Orthodox Church. The reason was the debt of the religious organization to Samarametrospetsstroy LLC in the amount of 59 million rubles. The company was the general contractor for the construction of the temple in the name of St. Seraphim of Sarov. It opened at the end of 2018, but then the parties disagreed on the cost of the work performed. The court supported the builders, but the religious organization never paid the due amount. The diocese does not comment on the situation; Lawyers point out that “property for liturgical purposes” is not subject to recovery by creditor claims by law.
Next week, the Arbitration Court of the Samara Region will consider the claim of bailiff Olga Glushakova. She demands foreclosure on a land plot of 680 square meters. m together with the two-story residential building located there (86 Sadovaya Street) and allow their sale at auction. The land and building belong to the Samara diocese of the Russian Orthodox Church.
In 2016, the structure of the Russian Orthodox Church entered into a general construction contract with Samarametrospetsstroy LLC (SMSS). The company pledged to build a church in the city in the name of St. Seraphim of Sarov “with its own or attracted forces, in stages, in the volumes specified in the additional agreements to the contract.” The diocese pledged to “accept the results of the work and ensure payment for them in the amount stipulated by the contract.”
Samarametrospetsstroy LLC registered in 2014 in Samara. According to information in SPARK-Interfax, the head and beneficiary of the company is Yuri Sofronov. In 2015–2020, the organization received 12 government contracts totaling 137 million rubles, including two contracts for major repairs of facilities at the Samara State University of Economics. Judging by the financial statements, the company’s revenue in 2019 was 94 million rubles, but by 2021 it had decreased to 39 million rubles. Since 2021, the organization has been experiencing losses.
The cost of the project increased several times through additional agreements. Ultimately, the work acceptance certificates signed by the parties included the amount of 328 million rubles. However, the diocese refused to sign acts in the amount of 65 million rubles. - basically these were the same additional works. In February 2022, Samarametrospetsstroy filed a claim with the Arbitration Court of the Samara Region; together with the penalty, the company’s claims against the religious organization amounted to 79 million rubles. During the trial, the court, at the request of the plaintiff, ordered an examination, which was entrusted to StroyConsult LLC. The experts came to the conclusion that additional work was necessary “to give the temple complex a complete architectural appearance and normal functioning.” The conclusion stated that “it was impossible to put the facility into operation without performing these works.” In September 2023, the court satisfied the claim of the SMS, reducing the amount of recovery to 64 million rubles.
In November, the Eleventh Arbitration Court accepted the diocese's appeal, and a month later decided to leave the first instance decision unchanged. Judging by SPARK-Interfax data, out of 64 million rubles. The religious organization did not pay 59 million in debt. The FSSP office for the Samara region confirmed to Kommersant that the bailiffs “are using a set of measures aimed at fulfilling the requirements of the court decision.”
“The customer underpaid us not only for the additional work that they themselves asked to carry out, but also for some of the materials within the framework of the acts that were signed by both parties. Because of these proceedings, which lasted several years, the company found itself in crisis. We owe subcontractors about 15 million rubles, and we owe about 7 million rubles on loans. In fact, I had to dissolve the company,” Yuri Sofronov told Kommersant. “Kommersant” contacted the Samara diocese, they promised to provide a comment, but a week later they changed their minds.
“Religious organizations as legal entities are endowed with property rights, therefore they are full-fledged subjects of property relations,” says Anatoly Pchelintsev, senior partner at the Slavic Legal Center law firm. “The law establishes that movable and immovable property for religious purposes cannot be levied under creditor's claims. However, the list of types of such property is not legally defined. Nevertheless, religious organizations may own “secular” buildings, land plots - objects of production, social, charitable, cultural, educational and other purposes. Such property - if it is not used in liturgical practice and is not intended for such use - can be described in the manner prescribed by law.”
