Tatyana Survillo Managing Director of the construction business. Glavmosstroy's creditors are craving Oleg Deripaska's money. "Basic Element" vs. "Ilim Pulp Enterprise"
Presumably, Survillo Tatyana Gennadievna is the head (position - General Director) of the companies, the list of which you see below. We remind you that the companies listed below can be managed by different people (namesake). This information was obtained based on the analysis of the Unified State Register of Legal Entities, may be outdated and does not violate 152-FZ "On Personal Data" in accordance with Art. 6 129-FZ "On State Registration legal entities and individual entrepreneurs.
LIMITED LIABILITY COMPANY "FAVORIT"
Region: Moscow
Jur. address: 123007, MOSCOW, highway KHOROSHEVSKOE, 46
Activities:
- . Production of general construction works;
- . Wholesale trade in other non-food consumer goods;
- . Other ratailing;
Inspectorate of the Ministry of Taxation of Russia No. 14 for the Northern Administrative District of MOSCOW
Four police officers were fired after the "Golunov case"
Four employees of the Department of Internal Affairs for the Western administrative district Moscow fired. All of them were involved in the case of journalist Ivan Golunov, the capital's police headquarters reported.
Electric buses began to run on two more routes of the capital
Electric buses began to run on two more metropolitan routes - No. 778 and Sk. This was reported in the press service of the State Unitary Enterprise "Mosgortrans". Route number 778 runs along the Third transport ring from the Rizhsky railway station to Spartakovskaya square.
Introduction to work
The subject of research in the dissertation work are game models of negotiation processes as a sequence of strategic moves - counter-moves in the absence of an accurate quantitative assessment of the acceptable outcomes of negotiations.
Research in the field of game-theoretic modeling of negotiation processes has been actively conducted over the past two decades in a number of countries. N.N. Vorobyov, Yu.B. Germeier, L.A. Petrosyan, N.N. Moiseev, E.B. Yanovskaya, I.S. Menshikov, V.V. Zakharov, N.A. Zenkevich and others. Abroad, S. Brahms, K. Binmore, R. Zelten, E. Kalai, J. Nash, A. Roth, A. Rubinstein, D. Fudenberg, J. Harsani and others have been developing game-theoretic approaches to negotiation modeling.
Negotiation processes have their own specifics, which require special approaches to their modeling. An essential role in the construction of models of negotiation processes is played by topological assumptions about the nature of sets of feasible outcomes as subsets of the space R n , and axiomatic requirements for a compromise solution, which complicate the use of such models for the analysis of actual negotiations. In this regard, a very promising and rapidly developing area of negotiation modeling is the synthesis of dynamic models of negotiations and games on orderings.
aim The present work is the construction and study of game-theoretic models of dynamic negotiations.
Relevance of the topic The dissertation work is explained, on the one hand, by the need to study new classes of models in game theory, and, on the other hand, by the current practical need for a formal analysis of ongoing negotiations as one of the components of the decision support procedure.
Scientific novelty. For the first time, a formal description of various negotiation procedures is proposed in the paper, and the properties of the result of negotiations are also investigated.
The practical significance of the work. Of interest to practice are the proposed approaches to the analysis of negotiations, which retain the advantages of intuitive rules for their conduct and provide an analysis of rational ways of behavior of negotiators. The study of the simulation results allows you to choose the most appropriate negotiation procedure and an acceptable situation for their start, while it is not necessary that the outcome of the negotiations allows its quantitative assessment.
Approbation of work and publication. The materials of the dissertation are published in the works. The research results presented in the work were tested at international conferences: Internaitonal Congress on Computer Systems and Applied Mathematics (St. Petersburg, 1993), International Conference of Interval and Computer-Algebraic Methods (St. Petersburg, 1994), International Conference on Mathematical modeling (Yakutsk, 1994), Decision-Making in Future (Amsterdam, 1995), N.N. Vorob "ev Memorial Conference (St. Petersburg, 1996); international scientific congress "Peoples of the Commonwealth of Independent States on the Eve of the Third Millennium" (St. Petersburg, 1996 ) In addition, the main
the results of the work were reported at the city seminar on game theory under the guidance of prof. L.A. GGetrosyan (St. Petersburg) and at the seminars of the Department of Mathematical Statistics, Reliability Theory and Queuing of St. Petersburg State University.
structure ra. The dissertation consists of an introduction, two chapters, a list of references of 63 titles and has a total volume of 110 pages.
Company creation: holding LLC "Group of companies" Transstroy "" was established in 2005.
Field of activity: design work, construction and commissioning of railway lines, hydraulic structures, river and sea terminals and ports, bridges, highways, civil and industrial facilities, airfields, airports, transport infrastructure facilities.
Full title: Limited Liability Company Transstroy Group of Companies.
The headquarters of Transstroy is located in Moscow. The holding has more than 30 construction organizations of various profiles. The company implements large-scale projects not only in Russia, but also abroad, including in Finland, Turkey, Latvia, Syria, Kazakhstan, India and Ukraine.
Transstroy LLCin faces
The general director of the holding is Alexey Georgievich Barantsev.
Executive director - Igor Vladimirovich Pankin.
Deputy CEOs:
Development - Tatyana Gennadievna Survillo, Evgeny Viktorovich Ivanov,
Personnel - Tatyana Olegovna Kim.
Financial Advisor - Margarita Anatolyevna Dmitrieva.
Contact Information
107217, Moscow, st. Sadovaya-Spasskaya, building 21/1
"Basic Element" vs. "Ilim Pulp Enterprise"
Vladimir Pronin
During the preparation of this article, the editors asked for comments from the press service of the Basic Element company, which refused to communicate on the topic of the conflict.
The war for the possession of the most profitable share of the Russian timber industry complex - pulp mills - between the companies "Basic Element" (KBE) and "Ilim Pulp Enterprise" (IPE) became the clearest example of corporate wars at the beginning of this century in Russia. A war that has provided us not only with exciting intrigue, but also claims to be included in textbooks as an exemplary scheme for conducting hostile takeovers and fighting them.
Interest in confrontation between two large companies is quite natural. Firstly, the war between the IPE and the KBE became in fact the first conflict of this magnitude - when an attempt was made to take over virtually an entire industry. Secondly, perhaps for the first time in history modern Russia within the framework of a conflict of this magnitude, the defending side managed, remaining exclusively in the legal field, to defend its interests. Thirdly, it was a clash in an industry of strategic importance, and therefore quite a lot depended on whose position the state would support. Fourthly, it was a situation in which the schemes of large-scale takeovers and methods of dealing with them, all the achievements and mistakes of the participants in the conflict, were expressed in a concentrated form.
The interest of Siberian Aluminum (the company will be transformed into Basic Element at the end of 2001) in the timber industry was not accidental. The fall in aluminum prices in 2001 once again convinced Oleg Deripaska, the owner of Sibal, of the need to acquire a new business. A business that is as profitable as aluminum.
The question arose: where to invest money? The automobile industry enterprises acquired by that time brought more problems than income. And they didn’t let them into the profitable VAZ Sibal. The most tidbit - oil and gas - has long been divided, and the invasion of this industry could be fatal for the company. Despite all Deripaska's connections in the highest echelons of power.
Sibal specialists were interested in the forest industry. It looked very attractive: a renewable raw material base, good production capacities, especially in the field of pulp production, and a constantly growing demand for these products.
Of course, certain restrictions existed - powerful companies, Russian and foreign, known for their financial and lobbying potential or having an unblemished reputation in world markets, already operated in the timber processing complex - Alfa, the Austrian Neusiedler, the transnational International Paper and others. But their main business was in paper mills. It was very difficult to intrude into this area, and the Sibal management decides to develop a plan for the absorption of enterprises producing pulp and packaging materials.
In principle, the scheme for entering the timber industry, developed by Sibal, the most aggressive Russian company of the last five years, looked as follows.
At the first stage, an ally is acquired in the face of a fairly large company professionally engaged in timber and timber processing. Then one or several key enterprises of the pulp and paper complex join its assets (more on the methodology below). At the same time, there is a further expansion of the raw material base (through the purchase of forestries). After that, the systematic acquisition of processing enterprises continues. Sales of products are carried out through existing companies.
During the war between the IPE and the CBE, it became clear that the method of action (not the scheme itself) of "Sibal" in the absorption of enterprises was based on the principles of "wild privatization" of the mid-90s. Oleg Deripaska could be understood: over the past five years - only victories, GR and PR-resource in terms of efficiency is very high. It seemed that there were no worthy opponents. This was both the strength and weakness of Sibal - he simply did not face a serious opponent in a war of this magnitude. Lev Chernoy and Anatoly Bykov don't count. Although the current "Basic Element" lost to the latter in a number of positions.
Enterprises owned by Ilim Pulp Enterprise were selected as acquisition targets. By the beginning of the conflict, she owned stakes in the following enterprises: OJSC Kotlas Pulp and Paper Mill - 51.08%, OJSC Bratskkomleksholding - 37.52%, NPF St. Petersburg - 100%, CJSC New Com - 88.64 %, In Yure LLC - 70%, Ilim OP LLC -70%, ArkhYugInform Information Agency CJSC - 51%, Ilim Pulp Siberia CJSC - 100%, Soyuz Inform CJSC - 35% , Ilim Pulp Exim LLC - 100%, Ilim Pulp Trading LLC - 100%, Ilim Pulp Koryazhma LLC - 100%, Kasmet-Happiness LLC - 100%, Cosmos CJSC - 78%, OAO "Complex" - 41.06%, JSC "Volsky KLPH" - 27.4%, JSC "Tegrinsky LPH" - 31.92%, JSC "Shonoshsky LPH" - 51.34%, JSC "Litvinovsky LPH" - 36.44 %, Erogodsky LPH OJSC - 20.79%, Togra-les LLC - 32%. They control a number of enterprises - the St. Petersburg Cardboard and Printing Plant, the Kommunar paper factory, 28 logging enterprises, the Petroboard Trading trading company, the Fintrans logistics company, the Kommunar-vtorresursy company (waste paper harvesting), Czech factory "Plzeńska Papirnia".
Preparations for the start of the takeover of enterprises went quite quickly. The ally turned up just in time. It turned out to be the company "Continental-Invest" (now "Continental Management", a division of "Basic Element", engaged in the forest business). "Continental" requested assistance from "Sibal" in the fight against the old opponent of Oleg Deripaska - Lev Cherny and his company "Energoprom" - for the Ust-Ilimsk timber processing complex. The scheme for the return of Continental to UI TPC was traditional: based on the decisions of the courts of Kalmykia and the city of Orel, taken to secure the claim of the shareholders, the dismissed managers of Continental were reinstated. Supported by bailiffs Irkutsk region, security services "Sibala" they entered the enterprise. The ensuing attempts by Energoprom and Lev Cherny to return the enterprise did not lead to anything - in the end, the shares had to be sold to Sibal. As a payment for help, Continental Invest also sold part of its shares to Oleg Deripaska.
Successful experience with the UI LPK has shown that it is possible to seize enterprises by force in order to secure a claim. But the resource of this scheme is limited, and Sibal's lawyers were forced to start developing new schemes that would not allow the company to be convicted of violating the law and which would insure it against financial losses and would not provide an opportunity for the transaction to reverse.
And now let's digress a little. Sibal's expansion into the timber industry was not limited to the war with Cherny and Ilim Pulp. At the same time, options were considered for the takeover of the Arkhangelsk Pulp and Paper Mill, Syktyvkar Timber Processing Complex - the most modern and profitable enterprises of the Russian timber industry. Judging by the media, Sibal wanted to review the results of privatization in Syktyvkar through the resuscitation of criminal cases against the former head of the republic, Yuri Spiridonov. But he did not have time - the shares of the plant were hastily sold to Anglo-American, which Deripaska simply did not find any reason to fight. A few months later, a small newspaper-administrative war took place in the Kaluga region for OAO Kondrovo-bumprom. The then director did not name the enemy, but it can be assumed that Basic Element acted as such - there were simply no other candidates for takeover in the industry. The struggle for the Arkhangelsk Pulp and Paper Mill with the head of the Titan group, Vladimir Krupchak, is still going on sluggishly.
So, the general scheme for the takeover of timber enterprises looked like this. Initiation of the process of reprivatization (more on the specifics below), return of shares to the state, sale of shares at auction to a number of its structures, change of leadership with entry into the enterprise (peacefully or by force, depending on the situation), a powerful PR campaign on the results of the change of ownership (anti-crisis and positive ).
At the first stage, before the start of the active war for Kotlas, the entry itself was built as follows: after an active “black” PR campaign in the media, a statement is received from a private person who appears to be a minority shareholder of said plant. This shareholder does not like certain actions of the company's management, and he demands a change in management. At the same time, in the future it often turns out that the plaintiff is not listed in the registers of the joint-stock company or does not even know where the plant is located. However, the court issues a judgment in favor of this shareholder. Then, at X-hour, an employee of the owner company appears at the plant, defecting to the side of the aggressor company, accompanied by bailiffs and the police, and, presenting a judicial ruling, overthrows the management of the enterprise. Very soon, after the change of old directors to new ones, the defector disappears: sometimes for a while, to emerge later, sometimes forever. Further, on behalf of the new bosses, production workers are told about bright prospects: salary increases, bonuses, care for social programs, etc.
Let me note right away: Deripaska's plans for the industry were serious. And he wanted to use this scheme based on obvious abuse on a large scale. It is a mistake to suspect the head of Sibal in greenmail that he went to the plants to blackmail the owners, in fact, worked for compensation.
Deripaska's "forest" project was outwardly covered by a rather advantageous ideology - the interests of the state. It was this that should have allowed him to win over representatives of administrative and political circles. On one condition: everything had to be done quickly. Sibal did not succeed.
But let's get back to our story and see how the managers of "BasEl" embodied the formula for entering IPE enterprises and how "Ilim Pulp" resisted the takeover.
So, Basic Element dealt the first blow to the Ilim Pulp empire in December 2001. The beginning of the campaign was preceded by an intensive series of publications in the federal and regional media, organized by PR specialists of the KBE. The main theses were:
IPE managers withdraw liquid assets from the Bratsk LPK to the specially created OAO "TsKK", while making BPK their largest debtor;
Huge debts to the regional energy company, in which 40% of the shares belong to the state, have been formed;
IPE does not pay to local budgets;
IPE does not invest in the development of enterprises in the region;
Many state structures have complaints about the IPE - the Ministry of Taxation, the Accounts Chamber, the Prosecutor General's Office, the RFBR, etc.
All this, Deripaska's PR people assured, caused enormous damage to the state, the social sphere, workers, residents of the region, and so on. In addition, some observers note that in the key media, possible PR responses from the IPE were "blocked".
In parallel, an attempt was made to incite the above-mentioned state structures against the IPE. However, despite the support of Sergey Kolesnikov, deputy of the State Duma, who collaborated with BaseEl, and actively spoke on December 13, 2001 at a meeting of the Interdepartmental Balance Commission under the Federal Financial Federal District, the situation in Bratsk did not interest either the FCSM, RFBR, or the Ministry of Taxation. On the side of Deripaska, only the tax inspectorate of the Irkutsk region “played”, the actions of which, however, did not bring any success.
Then it was decided to enter the Bratsk CPP according to the UI CLP model. The coincidences are almost literal: at the suit of a minority shareholder (owner of 2 shares), a decision is made in “their” court (one of the courts of Nizhny Novgorod) to reinstate the dismissed director. On December 21, 2001, Georgy Trifonov, who previously worked at Ilim Pulp, becomes it. There is only one novelty: a court decision prohibits the holding of the board of directors of the enterprise, which gives Trifonov grounds for irremovability for the time necessary for Basel. To consolidate the success, a press conference is held by the new director, who promises a solid positive: the return of assets, the preservation of social benefits, salary increases, the merger of BLPK with UI TPP into a single production complex. The main message is: "Legal owners are restoring normal operation." The next step is taken to consolidate the situation - letters are sent to Kasyanov, Patrushev, Gryzlov, Seleznev, Chaika, in which Trifonov substantiates his actions with laws and court decisions and announces socially significant goals. In all the central newspapers - from "Izvestia" to "Trud" - the next day after the call, the corresponding information appears in an organized manner. Taking into account that the numbers of the next day are formed in the Main by 15:00, it can be assumed that "BasEl" placed pre-prepared texts in the press.
It should be emphasized that by the time of the operation, the fraternal seizure was carried out more professionally: having changed the leadership on Friday, the new government received two days to study the documents obtained in the offices of the old directors and think about their further actions.
BazEl steadfastly denied its participation, although employees of this structure, from top managers to PR-management specialists, participated in organizing the entry. But obviously not without the participation of "BasEl" there was a statement by the head of the company "Your financial trustee" Vasily Boyko, who supported the takeover of the plant on behalf of minority shareholders. By the way, subsequently Boyko's company will be used by Deripaska to buy shares of the Kotlas Pulp and Paper Mill.
For a while, Ilim Pulp was in shock. However, this is understandable: the company has been running its business quietly for 10 years, it has not been a victim of such large-scale and illegal attacks. IPE managers had to look for a way out as events unfolded. The board of directors is "in exile", the information in the Irkutsk press about the letter from the workers of the Kotlas Pulp and Paper Mill to Putin, Mironov, Seleznev was hardly noticed by the PR people of Bazel. But in vain.
But the IPE's legal response turned out to be adequate. Within two weeks, decisions of the higher courts of St. Petersburg, Vladivostok and Yekaterinburg declared illegal the rulings on interim measures of regional courts on claims of minority shareholders, and challenged the powers of the new management of the plant. On January 15, 2002, the Arbitration Court of Bratsk recognizes the actions of bailiffs as illegal, and on January 16, representatives of Basic Element leave the plant. True, one condition is stipulated: the IPE must buy out the Ust-Ilimsk timber complex.
It is paradoxical, but true: the capture of the Bratsk LPK and leaving it in this form became a strategic mistake of the KBE. It seems that the debts of Irkutskenergo were returned, KBE finally received the money for the Ust-Ilimsk CPP. But the "Basic Element" showed that it: a) operates according to one method; b) loves illegal forceful methods and judicial acts and is sure of their "didactic" influence on the opponent. Deripaska. I was mistaken: there was no need to start with a small - compared to Kotlas - Bratsk Combine (an audited foreign exchange earnings of $ 180 million), much less resort to force. If he had immediately seized the Kotlas Pulp and Paper Mill, the pearl of the IPE empire (even if by force), then after that the chances of Zakhar Smushkin would have been reduced to a minimum. There were other "minuses": reputational, irritating the business community - in the eyes of many, KBE became a notorious aggressor, not shunning the methods of the mid-90s.
The most important "minus" was in the pause - while "BasEl" was looking for a new entry model, IPE received almost half a year of respite and managed to develop an effective defense tactic and PR strategy.
For the next three months, the parties prepared for attack and defense, respectively. As the subsequent course of events showed, the IPE managed to prepare better. By avoiding the methods used by the invading team and adopting a consistent challenge of illegal judicial acts wherever they were issued (and there were about 150 of them in different courts), the IPE demonstrated that results can be achieved in the legal field. A significant budget for the implementation of the PR campaign was determined, partners were selected (the Moscow agency "Privy Councilor", "Mikhailov and Partners" and several smaller ones). For PR-support abroad, one of the best American agencies "Fleischman Hillard" and PR-boutique "EMC" were chosen. An active response campaign began in the media in Russia and abroad. Subsequently, Ilim's PR campaign abroad will be awarded in the United States with the Best Foreign PR Campaign of the Year awards (similar to an Oscar for journalists). The problem of the redistribution of property by illegal methods managed to attract the attention of deputies of the State Duma, the Ministry of Economic Development (Gref), the Ministry of Finance (Kudrin), the Plenipotentiary Representative of the President of the Russian Federation for the Northwestern Federal District (Cherkesov).
At this time, "Basic Element" also conducted intensive training. There was a change in the head of forest projects in the company - the former director of GAZ, Viktor Belyaev, who participated in the capture of the BLPK, is leaving Deripaska. In his place is Nikolai Yarovoy, who previously worked in other structures of Sibal and the friendly MDM. Yarovoy's specialization is the takeover of enterprises. Judging by the further actions, several groups were engaged in the "forest" project in the CBE - lawyers, economists, the security service, and the public relations service. However, the ineffectiveness of the subsequent actions of "BasEl" suggests that these groups did not coordinate their efforts, but acted according to personal inputs, each in their own field.
The scheme developed in the "Basic Element" this time was simple and promised real results. In addition, it guaranteed the aggressor company from financial risks - in any case, the money spent on the purchase of shares was not lost (not counting the high costs of courts and "black" lobbying).
So, a certain minority shareholder, offended by the fact that IPE does not fulfill its obligations, files a giant lawsuit. The IPE obviously should not have money in the accounts for this amount, therefore, the recovery will be directed to the shares of the enterprise itself. By law, the penalty must first be imposed on cash, then to property and shares. The defendant is also given time to voluntarily comply with the court decision. In the case of Ilim, which had money in its accounts, the penalty was immediately imposed on the shares without notifying the defendant. Based on this decision, the RFBR obliges the registrar to return the RFBR shares. Further, the RFBR sells these shares at auction on a commission basis - of course, in favor of the new owner, who does not purchase them directly, but through 1-2 intermediaries. Naturally, shares are valued at a minimum value. Before the auction, a formal announcement is given so that no one can be accused of not knowing about the auction. As a result, the shares were bought up for KBE by structures friendly to it. Representatives of the North-Western branch of the RFBR claimed that information about the commission sale was presented on the official website of this branch of the fund. However, no physical confirmation of this fact could be found. Almost immediately after the sale, the site was put under reconstruction. There was no publication in print media. Part of the money received by the RFBR is returned for the shares to the former owner, and the main part goes to the plant to pay off the damage caused by Ilim Pulp. Thus, "BasEl" both receives the enterprise, and returns the money.
For this, one thing is necessary: at the moment the money arrives at the enterprise, there must already be new managers elected by the meeting of new shareholders - the general director, etc.
In this scheme, there was also a place for former associates of Ilim Pulp. The former shareholder of IPE, the head of Promstroibank (PSB), Vladimir Kogan, entered into an alliance with Oleg Deripaska. It was a strong move on the part of Basel. Money was supposed to go through the PSB to the captured plants.
In addition, for greater freedom of hands, a part of the Basel working group, incl. Nikolai Yarovoy and Tatyana Survillo are transferred to the reanimated Promkonsaltinvest company, allegedly hired by Basic Element (in December, Survillo will call himself a "legal consultant" to the new owners of the shares).
However, the general scheme for entering the Kotlas Pulp and Paper Mill and the Bratsk LPK (it is their shares that will be levied) had strong “minuses”.
Firstly, as time has shown, Basic Element simply neglected to work with local structures of the Arkhangelsk region. As a result, everyone - the police, the prosecutor's office, the courts, the bailiff service, city and municipal authorities, most of the press did not provide him with the usual "help". "BasEl" found itself without the very support that is necessary to capture the enterprise.
Secondly, "Basic Element" turned out to be unprepared for the fact that the IPE would stubbornly and consistently defend its interests, not succumbing to pressure using administrative resources, threats and blackmail from the CBE.
Thirdly, a number of important mistakes were made by the PR people of Basic Element. On the one hand, they did not expect resistance from the enemy, and on the other hand, they did not even assume that the IPE's campaign budget would be effective. The thesis base of the KBE PR specialists turned out to be very static - protection of the interests of the state and the “good faith” of acquiring shares soon became boring to everyone. The dubiousness of the casuistry of legal constructions also did not play into their hands. The reason for the miscalculations of PR specialists probably lay in the absence of a general program for entering IPE enterprises. It should also be noted that the IPE also won in another way: it managed to organize open coverage of the conflict in the leading foreign media, organize hearings in the US Congress and thus form the opinion of the Western business community.
Fourth, Basic Element lost the initiative: since July 2002, it has always been second, acting in the position of justifying or catching up.
In April 2002, two lawsuits came to the courts of the city of Kemerovo - from minority shareholders of the Kotlas Pulp and Paper Mill and the Bratsk LPK. Someone Sergey Melkin and Oleg Rudakov, who became the owners of a dozen shares in the plants about a week before the process, stated that the IPE had violated their rights as shareholders, as a result of which they suffered damage. The reasons for each plant were different: in Kotlas, Ilim Pulp did not fulfill the investment conditions, and in Bratsk, it began an unjustified restructuring. On April 25, the courts ruled in favor of the minority shareholders and ruled to recover more than 3 billion rubles from the company. according to Kotlas and 5 billion rubles. across Bratsk. Ilim had the money to pay in ruble and foreign currency accounts. The bailiffs, without notifying the defendant, decided to foreclose on the shares of the enterprises. As a result, at the end of May - June, 83% of the shares of BLPK and 61% of the KPPM were arrested, returned to the RFBR, then sold to the Baltic Financial Agency and Green Cape Investment Company (affiliated with Vladimir Kogan and Vasily Boyko, respectively). The shares were acquired in favor of a pool of new owners - "Basic Element", "Continental Management", "Saint Petersburg Banking House". This allowed their representatives to claim that more than 60% of the shares belong to the mentioned companies and that Ilim Pulp is only a minority shareholder. In turn, the head of the IPE, Zakhar Smushkin, says that his company owns a 94% stake in KPPM.
During the implementation of this scheme, one serious mistake was made: the bailiffs did not notify the debtor of the start of enforcement proceedings. Later Ilim Pulp used this fact in courts. Cases in Kemerovo took place with flagrant violations of the law, which are listed in the protest of the chairman of the court, Mr. Vyunov. In particular, the defendants were not informed of the process. The case passed in their absence at the hearing in absentia.
The court did not examine any evidence. The defendants were not procedurally entitled to file such claims. The case was considered in record time, a week after the purchase by Melkin and Rudakov of a dozen shares in the enterprise. Subsequently, Judge Yuferov, who made the decision, was removed from his post by the Qualification Board. In an interview with Vedomosti, the chairman of the Supreme Court indicated that the case had been transferred to the prosecutor's office to initiate a criminal case. The case for Russia is unique. In Kemerovo, in the spring of 2003, a more general case of fraud on an especially large scale was initiated, connected with the sale of shares in combines.
The main stage of the confrontation, which stretched over the second half of 2002, was conducted in the genre of positional warfare. Relations were built according to the scheme: lawsuits - response courts, loud statements in the press, attempts by both sides to use the thesis "they switched to forceful methods."
Lawsuits were built on the principle of "for your decision, we already have our decision." At the same time, if the CBE acted with the usual methods of working with the courts for the aggressor, the IPE, when challenging many judicial acts, remained within the law. The decisions of the courts were in various regions - from Ossetia to the Far East. The event is small but costly. If we take into account that the total number of court proceedings in this case exceeded 150, it can be assumed that the costs of legal support, business trips to exotic regions (Dagestan, Kemerovo, etc.) required significant expenses, which amounted to millions of dollars.
The cost of the parties to the war varied depending on the stage of the conflict. Initially, as in any war, the effect of an unexpected planned attack was in effect, which caused significant damage to the defense. At this stage, the attacking side suffered fewer losses. When the effect of surprise disappeared and Ilim won in appeals, the costs of the parties became almost the same. At present, given Ilim's victories in registrar and RFBR court cases, contesting the results of "alternative" meetings held by Bazel, it is most likely that Bazel is incurring high costs. The most interesting in technology attempts to capture and defend enterprises were the following points.
First. History with registries. The registry of the CBM was located at the St. Petersburg Central Registration Company (PTsRK), with which the contract for maintaining the registry has expired. PTsRK is controlled by Mr. Kogan and was appointed registrar at the time when he was a shareholder in Kotlas and Bratsk (he subsequently sold his shares to Ilim). On June 3, the IPE terminates the contract with her for maintaining the register and starts a new register in the Energoregistrator company, stating that the old register has been lost. In fact, the "old" registry is transferred to the Central Moscow Depository on June 4th. Ilim Pulp is seeking a ban on transactions with the PTsRK register in court. There are two registers - each side has its own.
"BasEl" "works" with the Federal Securities Commission (FCSM), and in mid-August its head Igor Kostikov makes a biased statement about the correctness of the actions of "BasEl". Moreover, he accuses the IPE of trying to bribe, and a little later, by the decision of the Federal Commission for the Securities Market, he tries to deprive the license of Energy Registrar. In court, Energy Registrar manages to protect its rights. According to some reports, the interests of the FCSM were represented at the court session by lawyers associated with the CBE.
Second. Protection of the Kotlas Pulp and Paper Mill. For almost 400 days, the representatives of "BasEl", "Continental Management" and "Saint Petersburg Banking House", members of the newly elected board of directors, have not been able to seize the plant by force. Ilim Pulp does not physically let them in. "BasEl" cannot receive force support, mainly because it actually does not have normal, clear grounds for "entering" and it has not been able to subdue (corrupt) local authorities.
On December 25, 2002, representatives of Continental Management and Promkonsaltinvest arrived in Bratsk, as well as employees of the security bureau of the Saint Petersburg Banking House and the Berkut private security company, who on December 26, accompanied by bailiffs, tried to enter the territory factory management. The general director of Promkonsaltinvest, Mr. Yarovoy, presented to the bailiff service of Bratsk a writ of execution issued in accordance with the ruling issued by the Arbitration Court of the Republic of Adygea on the complaint of a certain citizen Gutta to a citizen Chuts (both persons were not shareholders of BKH). To secure the claim, the court issued a ruling in which the general director and the board of directors from Ilim were prohibited from exercising their functions. However, as early as November 11, 2002, the Arbitration Court of Adygea canceled the above ruling and withdrew the writ of execution. On January 16, 2003, the prosecutor's office of Bratsk initiated and is currently investigating a criminal case under Art. 203 p. 1 of the Criminal Code (“abuse of authority by employees of private security and detective services”). Also on January 27, 2003, a criminal case was initiated by the investigative department at the Department of Internal Affairs of the city of Bratsk under Art. 159 p. 3 of the Criminal Code of the Russian Federation (“fraud”). This case is also currently under investigation.
Also, one should not underestimate the active role of the labor collective, which remained on the side of the IPE management throughout the entire conflict. "BasEl" undertook an extremely aggressive PR campaign in the region, but did not take into account the peculiarities of the local mentality, antagonizing the local media. Leaflets and "clones" local newspapers with frank "dirty" hit on the image of "BasEl".
Third. Working with foreign media. "Ilim Pulp" organizes the arrival of a pool of correspondents from the world's leading mass media to the KPPM. And he achieves maximum publicity of the situation abroad, and in essence the Ilim case becomes a “case” (studies at Harvard, Chicago Universities, World Bank). The involvement of independent foreign media broke through the information blockade inside Russia and helped to create a high-quality information field. The Ilim press pool included The New York Times, The Wall Street Journal, Bloomberg, Austrian Television, The Financial Times, France Presse, The Moscow Times, Frankfurt? Angemeine", "Russia Journal" and others. For Bazel, foreign media are an anti-resource, they are independent, they cannot be subordinated to one's interests. Now the efforts of "BasEl" are aimed at trying to partially block this resource. Specialists have been singled out, the purpose of which is to present claims to foreign media. Examples are the case against Frankfurter Angemeine and the conflict with the Russia Journal. BaseEl's attempts to bring another pool of Russian journalists and Oleg Deripaska's press lunches for foreign journalists do not remove the negative effect. The tone of most foreign materials is anti-Baselian.
Fourth. Blocking with opponents of Oleg Deripaska. Apparently, Zakhar Smushkin temporarily joined forces with Vladimir Potanin. The ground for rapprochement is the elections in Krasnoyarsk. Anti-Basic Elements articles and messages from the Ilim Pulp press service regularly appear in Izvestia.
Fifth. Mutual blocking of each other in the media. Over the summer, "Basic Element" and "Ilim Pulp" literally cut off each other's oxygen in print and electronic media. Apparently, they are stacking blocks on top of each other - most newspapers generally stop publishing materials on this topic. The mouthpieces of the parties until the very end remain: "BasEl" - "Nezavisimaya Gazeta", Days. ' to the president. Only Kommersant and Vedomosti follow events with the proper degree of impartiality. Television after a series of stories (TVC) goes away from the topic. It is characteristic that no one publicly stands up for Bazel, except for Vladimir Zhirinovsky. The situation in the regional press is also unstable - in the Arkhangelsk region, by December, even the faithful IPE Pravda Severa begins to publish Bazel materials, in the Irkutsk region the IPE enters into long-term contracts with a number of local media, and scandalous topics leave their pages.
Sixth and last. The position of the deputies of the State Duma and Federation Council. Initially, Basic Element uses deputies in the traditional manner: to comment on the right key current events and to submit parliamentary inquiries regarding the IPE. "Ilim Pulp" took a slightly different path: he was the first to invite a group of deputies to Kotlas, initiating an open deputy investigation of the situation. An interesting point is that in the Committee on Natural Resources and Nature Management, its chairman Alexander Belyakov, without hiding, defends the interests of Ilim Pulp, and his deputy Konstantin Remchukov determines the PR strategy in Basic Element. Deputy V. Lekareva and a number of representatives of the Liberal Democratic Party are actively on the side of BaseEl. Remchukov's party colleague in the Union of Right Forces, Grigory Tomchin, chairman of the State Duma Committee on Economic Policy and Entrepreneurship, also opposes the KBE. An active attempt to deal with the situation is being made by State Duma deputy, chairman of the property committee Viktor Pleskachevsky. In May 2003, V. Pleskachevsky held open parliamentary hearings on the problem of the redistribution of property in general, proclaiming the need for a reform aimed at detailing the legislation. In autumn, the Property Committee will adopt the report of the working group on the Ilim case.
Trying to turn the tide, representatives of "BasEl" are actively speaking in the Duma, on the commission in the Federation Council. Senator from the Samara region (working at BaeEl), former vice-president of Sibal German Tkachenko is trying to organize a new verification of the implementation of the IPE investment conditions. "BasEl" actively involves Senator A. Sargsyan from Khakassia.
Judicial-legal battles were sometimes enlivened by episodes of the following kind. So, in mid-October, there was an attack on the lawyer of IPE Chernyshev. Observers attribute this to the case that this lawyer is conducting in the Arbitration Court of St. Petersburg. In early November, Deripaska's PR people make an attempt, without much success, to “hang” on Ilim the fresh murder of the director of a subsidiary of Promstroybank.
The end of November - December became the time of a series of judicial victories of Ilim Pulp. First, he disputes in court the two main points on which the Basic Element defense system rested. Firstly, the Kemerovo court overturned the decisions on the basis of which the shares of KPPM and BLPC were seized from the IPE, and the Moscow Arbitration Court declared illegal the actions of the RFBR to sell the shares of BLPC. Secondly, another decision of the Kemerovo court issued a ruling to reverse the court decision on Kotlas. Which, in accordance with the norms of the Code of Civil Procedure of the Russian Federation, assumed the return of the shares of the Kotlas Pulp and Paper Mill to the IPE. Attempts to "Basic Element" under New Year again to carry out the physical capture of the Bratsk LPK did not lead to anything.
In January 2003, Ilim Pulp even tried to go on the offensive. However, due to the lack of a unified program and concept of counteracting BaseEl, IPE managers apparently decided to follow the path of two other enemies of Oleg Deripaska - Anatoly Bykov and Mikhail Zhivilo. A lawsuit was filed with the London Court of Arbitration against companies representing the interests of KBE. The subject of the proceedings is an agreement dated December 30, 2001, according to which the structures of Basic Element sold a controlling stake in Ust-Ilimsk Timber Complex to Ilim Pulp. Recall that, in accordance with additional agreements, IPE's opponents promised to withdraw the managers from the plant, compensate for the damage from their activities and not engage in timber business in the Irkutsk region for two years.
The claims were the same as a year ago: “KBE withdrew assets from the UI CLP, caused damage for more than twenty million dollars, and the company itself was actively introduced into the CPP of the region.”
However, it should be assumed that the appeal to the London Court was rather a common PR campaign aimed at attracting the attention of the world community.
It can be assumed that the success of Anatoly Bykov in Switzerland and the trial on the suit of Mikhail Zhivilo, which had not yet ended at that time, prompted Zakhar Smushkin to take legal action. It is possible that the London case nevertheless has a chance of success for Ilim.
In early February, the IPE wins a new tactical victory. The Arbitration Court of St. Petersburg recognizes as null and void the transactions for the sale by RFFI of shares in KPPM and BLPC to the Baltic Financial Agency, which acted in the interests of Oleg Deripaska and his partners.
In March, IPE takes the next step - announces the transfer to a single share and the inclusion of the issue of merger in the agenda of the annual meetings of shareholders scheduled for the second half of April. This was reported in the newspapers Kotlassky wallet and Trudovaya Koryazhma. Three weeks later, "Basic Element" gives a symmetrical answer - "Kommersant" publishes a "correct" announcement from the "legitimate board of directors of OJSC Kotlas PPM" about holding similar meetings of shareholders on the same days, but in other places. The position of the KBE was traditional: the minority shareholder did not coordinate his actions with the owner of the controlling stake, incorrectly indicated the place of the meetings and, of course, the name of the registrar - instead of CMD there should be Alpari and PTsRK.
At the same time, the mouth of the head of KM, Nikolai Makarov, hints that the IPE is simply bargaining for business. “We have been in constant negotiations about buying their business since the end of 2001, and the only question is the price.” Makarov once again stated that the controlling stakes in KTsBK and BLPC belong to Continental. All this was like trading for business, but from the side of the "Basic Element".
"Basic Element" made a last attempt to use the usual thesis "the interests of the state" in connection with the current situation. However, the weight of Vladimir Zhirinovsky attracted by them was not enough. Deputies, incl. 61 people from the Unity faction did not support his proposal to ask the state about everything that happened.
The results of such a vote are quite understandable - not only the results of the activities of the IPE in the State Duma to cover the situation, but also the fatigue from the boring statements of BazEl, whose “statist” approach to business began to raise more and more questions, affected. A fatal role was also played by the position of Unity, which broke up with Oleg Deripaska during the elections in Krasnoyarsk. Then, contrary to the promises made, United Russia did not support Deripaska's henchman Alexander Uss.
The PR campaign of "BasEl" continued further. The accusations of double standards and corruption of local law enforcement agencies were also heard by Basel in May. This time the target turned out to be the regional arbitration court, which considered the claim of the minority shareholder against the decision of the meeting of the Bazel residents, but refused to consider the claim of the minority shareholder "from the KBE".
Throughout June, "Basic Element" once again tried to play the usual triad of "government-officials-offshore". But the materials trying to show Valentina Matviyenko's dislike for Zakhar Smushkin's company and draw the attention of government agencies to a number of officials who allegedly help the IPE did not have the due success. The message that Ilim Pulp had allegedly already begun the transfer of liquid assets of the KPPM and UI Timber Pulp to offshore remained without a response.
In the meantime, the IPE managed to take the first, but very important step towards the implementation of its plan - the transition to a single share. On June 17, at all enterprises of the group, the deadline for submitting requests for the repurchase of shares by shareholders who did not wish to exchange their securities for shares of the OJSC Ilim-Lesopromyshlennye predpriyatiye, which is being created, ended. Thus, in less than a month, IPE actually managed to implement the decision of the meetings of shareholders of KPPM, CCC and BKH, held on April 21, 22 and 26. The plans include a general constituent assembly and registration of the first issue of shares of a new OJSC ...
"Basic Element" tried to develop the theme of the departure of a number of top managers from the IPE, throwing in a rumor about a split between Smushkin and the Zingarevich brothers. Then he tried to play on the departure of a number of Ilim Pulp top managers. But from the point of view of methodology, it was a continuation of a year-long war waged on the principle of "a fool is a fool himself." A dead-end principle that does not lead to victory.
Recently, the IPE press service announced the signing of a contract with the Timberjack company for the supply of equipment to the PPM. A little later, information appeared on IPE reporting according to IAS standards - an undisguised solemn manifesto of the company's transparency, IPE launched a corporate governance reform, for which lawyers were hired to carry out a similar reform for the FCSM.
On the same day, a new feuilleton about Smushkin was posted on the SotPRomat.ru website in a manner typical of materials written on some “hot” topics for BaseEl.
July 2 "Ilim Pulp" put another bullet in this case. The Federal Arbitration Court of the Moscow District upheld the legality of the decision of the Moscow Arbitration Court dated February 18 concerning shareholder registers. Thus, the actions of the PTsRK with the shares of the Kotlas Pulp and Paper Mill and OJSC Bratskcomplexholding were once again declared illegal. Representatives of the IPE almost announced victory. And already on July 15, 2003, the Supreme Arbitration Court issued a ruling on the refusal of the PTsRK (BasEl) to transfer the case to the Presidium of the Supreme Arbitration Court, which states that “there are no grounds for reassessing the conclusions reached by the courts when resolving the dispute, there are no.” The floor is up to the FCSM, which, by law, is obliged to obey the will of the courts, especially the Supreme Arbitration Court.
P.S. At the end of June, a rumor swept through Moscow that Oleg Deripaska and Zakhar Smushkin allegedly agreed on everything and Ilim Pulp was selling part of the business to BaseEl. However, the authors of this rumor were clearly in a hurry. Already on July 1, at the international conference “Corporate Takeovers in Russia,” Zakhar Smushkin announced that the practice of hostile corporate takeovers was unacceptable for Russia and that “it is necessary to change the mentality of Russian business.” Andrey Sharonov, Gref's deputy, quite definitely added the head of the IPE, saying that the "wave of hostile takeovers" reduces the investment attractiveness of the country. The addressee of the hint was clear to everyone ...
According to experts, negotiations can only be about the "surrender" of the situation on the part of the KBE, of course, with the payment of some compensation by Ilim Pulp. Its size is $50-70 million. After all, Deripaska spent at least $50 million on the attack, but he is not used to retreating without profit, and he doesn’t really want to lose the face of an invincible “raider”. On the part of the IPE, when signing an agreement on the settlement of the conflict, caution should be shown: once Deripaska already violated his promises.
The upcoming elections also have an impact: who knows how things can turn out? After all, under the same president there will be a completely different Duma ...
And the last. The conflict has shown us all that our country is changing and changing in a positive direction. Even 3-4 years ago, IPE would hardly have been able to defend its interests by legal means, or by any other means... Let's hope that only the emerging positive dynamics in the development of corporate relations will continue and Russia will become a truly civilized country.
Education
She received her higher education at the Plekhanov Russian Academy of Economics, from which she graduated in 1994.
Labor activity
Since 1994, she has worked at Sberbank for more than 20 years in various positions, including. about. director of the credit department, head of the credit department of the department for work with the largest clients, deputy director of this department.
In 2014-2016, she held the position of Deputy Chairman of the Central Russian Bank of Sberbank.
In March 2016, she took the post of Advisor to the Chairman of Vnesheconombank. In October of the same year, she was appointed Deputy Chairman - Member of the Management Board of Vnesheconombank and began to supervise the activities of corporate and investment divisions.
In August 2017, it became known about the termination of her powers as a member of the board of VEB.
Since October 2017, she has served as Advisor to the General Director of Russian Post.
On March 26, 2018, it became known that she joined the new board of the rehabilitated Binbank and will head the corporate business block (presumably by April 1, 2019, the rehabilitated Binbank and FC Otkritie Bank will be merged).
