Surveillance without security – Newspaper Kommersant No. 231 (7432) dated 12/13/2022
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In the IT integrator of the Federal Security Service (FSO) FSUE SVEKO, a bankruptcy monitoring procedure has been introduced. The total debts of the government contractor for a number of projects by the middle of the year amounted to 1.5 billion rubles. with a loss at the end of 2021 in the amount of 6.2 million rubles. If the court does not bring the persons controlling SVEKO to subsidiary liability, then the debts that were not repaid at the expense of the bankruptcy estate will be written off, lawyers warn. According to them, the courts rarely prosecute the owners of unitary enterprises.
“Kommersant” found in the filing cabinet of the Moscow Arbitration Court that on December 2, the bankruptcy supervision procedure was introduced in the IT integrator FSUE SVEKO, subordinate to the Federal Security Service. Federal State Unitary Enterprise filed an application for its own bankruptcy on August 9. As follows from the materials of the court, the organization owed large sums to a number of companies. So, on November 7, the court issued a positive decision to recover 105.4 million rubles from SVEKO. in favor of the computer equipment manufacturer Aquarius. As of August 10, the total amount of creditors’ claims was 1.5 billion rubles, according to the FSUE’s bankruptcy filing. At the same time, his accounts then had only 11.6 million rubles. SVEKO did not answer “Kommersant”. Aquarius declined to comment.
SVEKO is known primarily as a provider of IT services under government contracts. For example, in 2015, FSUE won 15 out of 16 tenders in which it applied, the amount of the final contracts amounted to 1.09 billion rubles. In 2016, SVEKO won the tender of the Center for Traffic Management for 3.8 billion rubles, the contractor was responsible for the maintenance and repair of Moscow’s intelligent transport system. According to SPARK-Interfax, the revenue of FSUE in 2021 and 2020 was about 3 billion rubles. with a net loss of 6.2 million and 8.1 million rubles. respectively.
Meanwhile, recently the Zamoskvoretsky District Court of Moscow sentenced in a special order to four years of probation former adviser to the head of the Federal State Unitary Enterprise Mikhail Serov. He was found guilty of embezzlement of budgetary funds in the supply of Juniper routers and other equipment. The damage caused to the state amounted to 49.5 million rubles. (see Kommersant of November 23). FSUE is included in the Register of unscrupulous suppliers, follows from the data of SPARK-Interfax.
SVEKO itself recorded the amount of creditors’ claims in more than 1.5 billion rubles, of which more than 300 million rubles. already confirmed by judicial acts, so “it can be assumed that the list of creditors in the registry will be significant,” says Ruslan Petruchak, Counsel for Dispute Resolution and Bankruptcy at BGP Litigation. If the court does not issue acts on bringing the persons controlling the debtor to subsidiary liability, then the debts that have not been fully repaid at the expense of the bankruptcy estate will be written off, the lawyer specified. “The law does not prohibit bringing the state to subsidiary liability, but judicial practice and statistics show that courts rarely resort to this,” he said.
If it is impossible to repay debts, a director or a person who can influence the management of the company can be held liable, says Vadim Tkachenko, founder of the vvCube consulting group. “In this case, the debts remaining on the company can be assigned to them as individuals, then they will already repay them at the expense of their financial capabilities,” he notes. But it cannot be ruled out that one of the state-owned banks will agree to provide financing under state guarantees and help the Federal State Unitary Enterprise pay off its debts, admits Novator Legal Group partner Ilya Sorokin.
According to the statistical bulletin of Fedresurs for 2019-2022, the share of repaid claims of creditors averaged 3.8-5%, says Oleg Permyakov, partner at the law firm Rustam Kurmaev and Partners. “Based on this, the probability of paying off the claims of the plaintiffs in the SVEKO case, as in any other case, does not exceed 5%,” he notes. In the future, the number of bankruptcies, including in the IT sector, will grow against the backdrop of a difficult economic situation and problems with the supply of equipment and a shortage of specialists, Vadim Tkachenko believes. Ilya Sorokin agrees with him, noting that “the fall in demand, the complication of supply chains make such enterprises almost balance on the verge of profitability.”
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