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Saturday, October 22, 2016

Klitschko wants to justify the theft of Russian cars for the Kyiv metro

In the financial crisis of the Kiev metro, is also to blame for Russia. At least in the purely economic question of the debt for made in Russia cars of the mayor of Kiev transferred to the political plane. Vitali Klitschko believes that the reunification of the Crimea with Russia gives it the right to use purchased in Russia cars for nothing.

The mayor of Kiev Vitali Klitschko appealed to the Council of national security and defence (NSDC) of Ukraine and President Peter Poroshenko with a request to help resolve the debt crisis. Talking about the debt of the Kyiv subway in front of the leasing company for the cars, reported in a press-service of administration of the Ukrainian capital.

“Grounds for denial of debt payments in terms of any legislation, including Ukrainian, do not exist”

“This relationship was formed in 2009 when Kyiv officials held a tender which was won by the company “Ukrroslizing”, offering cars, most of which were Russian-made. According to the materials created by us in 2015 of the temporary control Commission, Ukrroslizing directly connected with the Russian company “VEB-leasing”, a subsidiary company of the Russian Vneshekonombank and controlled by the government”, – said Klitschko.

Under the terms of the contract, from 2010 to 2013, the Kiev metro has received from the company “Ukrroslizing” 100 cars through a leasing transaction. The essence of the leasing transaction is that the company buys for the customer’s goods from manufacturers, and the customer takes it for rent and use of the goods pays the lease payments.

Ukrroslizing purchased cars are not only Russian, but also Ukrainian manufacturers. So, 25 cars were produced in Poltava region at Krukovka carriages, the remaining 75 – on the Russian VAGONMASH and Metrowagonmash.

However, the Kiev metro turned out to be a bad tenant: the cars he has used, but the amount of the lease payments from 2009 to 2014 for cars and not paid in full. Metro owes about 2 billion hryvnia, or nearly $ 80 million. The dispute shall be resolved by the court. To him and turned the company “Ukrroslizing”. And the courts it has achieved full recognition of the debt. From the Kiev metro was followed by complaints, but they were rejected by all court instances up to superior commercial court of Ukraine. That is, the court completely sided with the plaintiff – company, which gave the lease the Kiev subway cars. Moreover, given that metro refused to pay the bills, may 13, at the cars was seized. After that Ukraine has begun the information war, the media were full of headlines about the fact that the metro in Kiev threatens to stop because of the aggressive actions of Russia, which requires money for the use of their cars that Russia “seized” of the Kiev metro.

Purely corporate dispute was transferred to the political plane. And it yielded results. Just 12 days after the arrest of the carriages Economic court of Kiev lifted a ban on the use of 100 cars purchased under contract with the company “Ukrroslizing”.

This is no stop in work of the Kiev subway, the threatened Klitschko, at the time of arrest wagons never happened. According to the municipality in 2015, the metro lines in Kiev cruised 824 carriage. That is, the duty applies only to 12% of the rolling stock. While metro is not likely to use simultaneously all available on its balance of cars in stock must necessarily remain a certain number of wagons in case of failure, repairs, safety checks of the whole. For example, in 2014, metro has put out of operation 69 wagons for overhaul.

Klitschko was right to note that the Kiev metro is the strategic enterprise, which is daily used by about a million people, and that the arrest of 100 cars will complicate the transport situation in the capital. However, instead of finding money to pay debts, the mayor of Kiev decides to go for the simplest way. Once this debt to the company related to Russia, then why bother to perform in front of her commitments?

“Given the unprecedented nature of the situation, I turned to the national security Council and personally to the President of Ukraine with a request to help solve this situation. In particular, I proposed to include this issue for consideration in the agenda of the meeting of the Council of national security and defence, to consider the application of article 4 of the law of Ukraine “On sanctions”, – said Klitschko. To apply this law necessary in connection with the war in the Donbass and the reunification of the Crimea with Russia.

That lease deal was made long before all these events, and the dispute on the debt relates to the period up to 2014, Klitschko deliberately silent. Not to mention the fact that it is a corporate matter between two private companies, and not two States.

“In addition, the arrest of the carriages imposed by the Ukrainian court, guided by the Ukrainian laws. Therefore, the grounds for denial debt payments in terms of any legislation, including Ukrainian, are absent. The arguments of the administration of Kiev look insolvent and also malicious in terms of attracting funds of non-residents”, – says Dmitry Kipa, Director of investment banking at QBF. “Although in such circumstances, any miracles are possible and neglect, including international law, which governs transactions between residents of different States”, – the expert adds.

While Klitschko is not taking any action in order to understand what is the reason of the formed debts. Maybe it’s the city installed underground for low fares, did not give them compensation and did not return money for journey of exempts, therefore, the metro constantly and didn’t have enough money? The main issues – why there was such a threat at the strategic enterprise of the city – the mayor ask not wants. “First and foremost, it would be necessary to identify the perpetrators of the situation, due to which there was a duty under the lease agreement, signed in 2009”, – agrees Dmitry Kipa.

Kyiv metro has long been barely making ends meet. In 2009, for example, he refused to even from the heating and hot water for employees, not to mention the rejection of the payment of premiums, and most importantly – reduced the planned repairs. Such austerity, bordering on the violation of labour conditions and disregard for the safety of millions of passengers, metro has been forced to go the city authorities which were not paid compensation for the transportation of beneficiaries, and that more than 200 million hryvnia.

The situation every year is only getting worse, and the loss of metro continued to grow. At the end of 2014 Kiev metro complained that he has to generate hundreds of millions of hryvnia decreased because of the fact that the city government will not increase fares. The question of increase of tariffs “is still relevant on the day before yesterday”, said then Deputy head of the subway Valery Gavrilenko, paying attention to the growth of net loss in 2014 almost doubled to 574 million. If the fare will not increase, metro will experience difficult times two years ago warned of the Kiev subway. If you do not raise the fare, the metro in 2015 will have to withdraw from the rolling stock part of worn-out trains, which will increase the range of motion. At the same time, said Gavrilenko, for underground not fundamentally a question of raising the tariff, if the government can find funds for subsidies and on 100% will provide compensation for journey of exempts.

But the city of Kiev, and so has defaulted on its debt. Therefore, in 2015, the fare on the subway were still raised from 2 to 4 UAH, which, however, hardly allowed the metro to be at a profit (yet).

“I believe that Kiev has the ability to pay for previously supplied the cars, but no desire to do that: war is a good pretext for refusal, the legitimacy of which can be very long to defend in court, having thus, at least a very long delay of payment”, – said the first Vice-President of “OPORA Russia” Paul Segal.

That can make Kiev in the framework of the law “On sanctions”? For example, in accordance with paragraph 1 of article 4 to block the assets, i.e. cars that still legally belong to the Ukrroslizing and Kiev underground they are in fact leases (without paying rent). Only after full payment of all lease payments product into the hands of the customer. Or Kiev will take advantage of paragraph 5 of article 4 and to suspend the commitments of the Kyiv subway in front of the Ukrroslizing. In other words, using the law to make a payment of the debt of metro optional, having covered the Donbas and Crimea.

If NSDC will, then, in fact, Kiev will not to pay any debts of any Statute of limitations, if there is only an allusion to the fact that the Ukrainian company owes money to a company associated with Russia. Under this sauce Ukraine in General can never repay debts, starting with debt in 3 billion dollars issued by the Russian government, and ending with the Ukrainians loans taken in Russian banks. It is worth reminding about the debt to Russia for previously delivered gas, for which Kiev believes is right also not to pay.

“There is a dangerous trend: and other commitments will be challenged, and payments to be delayed for years. Taking into account the annual inflation rate of 43% in Ukraine every year payment deferral reduces the real value of the debt in the hryvnia by almost half,” says Segal.

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