“Kuban-Vino” flowed in favor of the state – Kommersant FM

The largest wine producer in Russia became the property of the state, shareholders opposed it. We are talking about the nationalization of the Kuban-Vino company. Along with it, a wine-growing enterprise and a pig farm were transferred to the authorities; they are part of the Ariant group of companies. RBC drew attention to the fact that the necessary changes in the register of legal entities (USRLE) have already been made. The assets were turned into state income as part of another case – the nationalization of the Chelyabinsk Electrometallurgical Plant. What does this have to do with the pig farm? And will the owners be able to return the business? Ivan Yakunin found out.

The conflict around CHEMK has been developing for several months now. The Prosecutor General’s Office claims that its privatization in the nineties, contrary to the laws, was approved by the local, not the federal government. In addition, in the structure of its owners there was an unfriendly Canadian-Swiss company, so the results of the transaction had to be declared invalid. The court has already supported this position.

However, two entrepreneurs participated in the privatization of the plant. One continued to engage in metallurgy, and the second built an agribusiness – wine, meat, seedlings. The Prosecutor General’s Office decided that the start-up capital was acquired illegally, and if so, then this company should be nationalized, despite 30 years of work. This reminds Ilya Rachkov, a partner at the NSP Law Office:

“This approach was first tested, I would say, in the case of Bashneft. Enterprises of the Bashkir fuel and energy complex were created, which eventually fell into the hands of AFK Sistema. The latter also reinvested significant funds and bought equipment, however, all arguments about the statute of limitations, acquisition periods, and the good faith of the acquisition were dismissed. The practice is the same here, but I personally don’t agree with it.”

But the court has already considered everything and supported the prosecution. Eight days passed from the filing of the claim to the verdict, and only six without days off. The shareholders not only disagree with the decision, but also appealed to the Supreme Court with a complaint against the actions of the judges. They didn’t even demand that the Prosecutor General’s Office calculate the amount of the claim, and we are talking, by the way, about 105 billion rubles. The panel did not satisfy any of the defense’s motions. In addition, lawyers were given only three days to study the 25 volumes of the case. In turn, lawyer Vladimir Zherebenkov is not sure that these actions can be challenged:

“There is no specific rule that regulates the time frame for familiarization with the case materials. It is usually assumed on general fundamental principles that a reasonable period of time will be given to allow people to prepare for the defence. On average, this is about one volume per day, no more.

But if the investigator needs to finish the case, the time is right, and he goes out with an appropriate restriction, then the judges always follow his lead. In this case, the lawyers are already starting to play tricks, in particular, someone takes sick leave. In my practice, I have observed three or four cases when the courts accommodated the defense.”

The case of CHEMK and related businesses is not the only one. The media note that since 2020, the number of claims from the Prosecutor General’s Office to review the results of privatization has increased eightfold. This process is clearly frightening for business: Vedomosti sources said that at the last meeting of President Vladimir Putin with representatives of the Russian Union of Industrialists and Entrepreneurs, its participants mainly asked about this. The Russian leader publicly assured that there was no talk of deprivatization, but former prosecutor and now State Duma deputy Yuri Sinelshchikov is confident that there will be new cases:

“Still, our legislation today is not sufficiently adapted to nationalization.

So the courts, probably, still proceed from political expediency, and therefore the problems of an imperfect law are somehow not very much raised. But no legislative initiatives are being developed, as far as I understand. I haven’t heard of any developments being carried out anywhere.”

Meanwhile, the nationalized enterprises continue to operate, the Kuban-Vino company reported. They refused to comment on the process itself. This business produces 95 million bottles of wine a year, including collection whites – an excellent addition to the elite plots in Barvikha, which they are also trying to return to the state.

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