Bankruptcy of 1995–1999
According to Decree 1546-r dated 30.08.1993,[7] 378-r dated 25.03.1994[8] and 1437-r dated 08.09.1994[9] of Prime Minister Viktor Chernomyrdin, low-interest earmarked loans were allocated to Atommash in order to preserve its unique facilities and support its development. However, in 1994 those loans have been redirected to commercial structures and only then offered as loans to Atommash, but this time at exorbitant interest rates. For example, from July to August 1994, Atommash OJSC was forced to take commercial loans issued by Commercial Bank Doninvest at 216% interest per annum.[10][11]
On 21.05.1996 Viktor Mikhaylov, Russian Minister for Atomic Energy, wrote an official letter D-M-27/4-01 to Vladimir Gusev, the chairman of the committee for industry, construction, transport and energy of the Russian State Duma. In his letter, Mikhaylov says that, according to Instruction P-593ns of the Russian Government dated 04.10.1995, the Ministry of Atomic Energy (MinAtom) made a proposal to the Federal Agency for State Property Management (Goskomimuschestvo), Federal Agency for Bankruptcy Proceedings and the Government of Rostov Oblast to convert the "golden share" into an ordinary stock and keep the unsold shares of Atommash OJSC in the federal property for up to 3 years. However, this proposal was not accepted, and the Ministry of Atomic Energy lost all control over the activities of Atommash OJSC. Hence, writes Mikhaylov, having decided to introduce external management on Atommash OJSC and having declined MinAtom's proposal, the three aforesaid agencies – Goskomimuschestvo, Federal Agency for Bankruptcy Proceedings and the Government of Rostov Oblast – took full responsibility for the future fate of Atommash.[12]
The financial recovery plan introduced as of November 29, 1995, by the decision of the Arbitration court, brought no results as jobs continued declining and social tensions grew. The Russian Ministry of Atomic Energy proposed the following action plan to save the enterprise:
However, those actions were not taken. The Arbitration court of Rostov Oblast appointed Alexander Stepanov the external manager (bankruptcy referee) of Atommash OJSC. At the time, Stepanov was First Vice President (and, since 1996, CEO) of Energomashcorporatsiya (EMK) JSC, a direct competitor of Atommash. Stepanov's appointment was actively lobbied by Tatiana Gramotenko, the Chief agent for bankruptcy proceedings in Rostov Oblast. Several Founders of EMK JSC were direct competitors of Atommash OJSC, which was a violation of the Russian antitrust law. The audit conducted by the Audit Chamber of Russian Federation showed that in a matter of one year EMK, controlled by its CEO Stepanov (at the same time the bankruptcy referee of Atommash OJSC), managed to buy 10.8% share in Atommash OJSC and more than 40% of its debt, which, according to the competition law, clearly poses a conflict of interest.
Governor of Rostov Oblast Vladimir Chub used the letter of MinAtom of Russia No.03-2739 from 12.09.1996 in Stepanov's interests. In his appeal No.1/6049 to the General Director of the Federal Service for Bankruptcy Proceedings Peter Mostovoy, Chub asks to write off, through the reduction of capital surplus, specific fixed assets and objects under construction of Atommash OJSC for an amount of 878 billion rubles.[14] This led to a reduction of company's assets, the book value of which has already been drastically discounted. Governor Vladimir Chub had no authority to address the General Director of FSBP Mostovoy with a request to approve markdowns and write-offs of assets, which were a legitimate property of thousands of rightful shareholders, of which Russian Federation with its 30% share was the biggest.
Apart from the reduction of the asset value of Atommash, its workshops and equipment were leased to various limited liability partnerships (LLP) on conditions that were extremely disadvantageous to Atommash. LLPs, owned by the corrupt external management of Atommash, obtained strategic raw materials, components and semi-finished products at extremely low prices. Products manufactured by those LLPs on the territory of Atommash, were sold at a profit for the LLPs, while the damage (losses) was reflected on the balance sheet of Atommash OJSC. Colossal non-core assets and vast territories of Atommash, including agricultural companies with their land, were also expropriated.[15]
According to the Plan of the Bankruptcy referee of Atommash OJSC Alexander Stepanov, a new company called EMK-Atommash JSC was created (Protocol No.3 of the Meeting of creditors of Atommash OJSC of 22.11.1996). The new company had two founders: Atommash OJSC (85,7% of charter capital) and Stepanov's EMK (14,3%).[16] In January 1997, 70% of the assets of Atommash were transferred to EMK-Atommash JSC. Atommash OJSC contributed its liquid assets (fixed assets, current assets, intangible assets) and production assets to the charter capital of EMK-Atommash JSC. Illiquid assets (construction in progress, industrial sites, railways, etc.) remained on the balance sheet of Atommash OJSC. After that, EMK-Atommash JSC stock was transferred to EMK JSC.[17]
Alexander Stepanov, now the CEO of "Energomashinostroitelnaya corporatsiya" JSC and at the same time the Bankruptcy referee of Atommash OJSC, wrote a letter on 05.05.1997 to the First Deputy Minister for Atomic Energy Lev Ryabev, assuring that he had understood the concern of MinAtom about the financial state of Atommash, and therefore suggested to work together to support EMK-Atommash JSC, his new company. In this letter Stepanov tried to convince MinAtom that there was no reason for worries, since the production facilities of Atommash were preserved, technological routines for manufacturing of core production were uninterrupted, and the establishment of EMK-Atommash JSC would not lead to restraint of competition. According to Stepanov's letter, the fact of trading liquid assets of Atommash OJSC for EMK-Atommash JSC stock would give the nearly bankrupt company a chance for a settlement with creditors. At the same time Stepanov, head of both companies, positions liquid assets which Atommash OJSC contributed to the charter capital of EMK-Atommash JSC as long-term investments.[18]
In reality, however, the "Plan of external management and financial recovery on Atommash OJSC for the period from 29.11.1995 to 29.05.1997" did not lead to stabilization. Jobs were cut dramatically, wages were not paid, social tensions were spreading across the entire Volgodonsk city.[13] While the assets of Atommash (through write-offs) and their value (through markdowns) have been reduced sharply, accounts payable, which were growing exponentially, started looking significant in comparison. As a result of the obviously inefficient external management on Atommash OJSC, the Arbitrary Court of Rostov Oblast made a decision to recognize the company bankrupt. Formally, Atommash OJSC was forcibly liquidated as a legal entity on 25.11.1999.
Thus, the bankruptcy of Atommash OJSC was, in practice, carried out in the interests of EMK-Atommash JSC which inherited all liquid assets and production facilities of Atommash OJSC.[19] After the forced liquidation of Atommash OJSC, its unique industrial complex was controlled by several affiliates of EMK-Atommash JSC, including Energomash-Atommash LLC and, finally, Energomash-Atommash JSC of the Energomash group.[16]
The bankruptcy of Atommash OJSC was inspected by the Audit Chamber of Russian Federation at the request of the committee for industry, construction, transport and scientific technologies of the State Duma of Russian Federation No.3.11-21/1312 dated 21.10.2000. This audit showed that, with the complicity of specific officials, the State suffered colossal material damage. In particular, the State lost a 30% stake in Atommash OJSC. The purpose of the bankruptcy of Atommash OJSC was to deprive its majority shareholders – the State itself and Concern YACONTO JSC (Russia, Moscow) – of their property, and therefore, of control over the economic, financial and production activities of the industrial giant. As a result of the Audit, the College of the Audit Chamber of Russian Federation issued a Definition No.6(289) dated 22.02.2002.[20]
Bankruptcy of the strategic company caused great resonance in the Russian President's Administration and the Russian Government. First Deputy Secretary of the Security Council of Russia Mikhail Fradkov, in his Letter to the Deputy Prime Minister of Russia Viktor Khristenko (No.A21-1175 dated 28.03.2001), asks to conduct a verification of the actions of the Federal agency for insolvency (bankruptcy) proceedings against Atommash OJSC.[21]
"... we could not save Atommash. Having found itself in free market without the support of the industry, this flagship of nuclear engineering fell into an economic abyss and still cannot recover. It is regrettable that the Atommash team did not rebuff a group of people doing questionable personal socio-environmental career by fighting with the construction of the Rostov nuclear power plant and slandering against the Russian nuclear energy and industry. Today, when the Volgodonsk NPP has been launched, they are cowed. But the harm they did to the citizens of Volgodonsk and the entire Don Territory remains on their conscience – that is, if they have one. <...> I was hurt by the privatization of Atommash which occurred without having consulted the federal Minister, by law and order of the regional governors, who though that people working in the nuclear industry are a milking cow that doesn't require any investments. That's how the country lost its nuclear engineering flagship."
On 25.12.2009 the Deputy of the Russian State Duma Anatoly Lisitsyn sent a letter (ref. LIS-767/GD) to Vladimir Putin, the Prime Minister of Russia at the time, asking to conduct an independent investigation of the bankruptcy of Atommash OJSC on the basis of the audit conducted by the Audit Chamber and the Definition issued by its college.[23] The Deputy Prosecutor General of Russia Viktor Grin replied on 01.02.2010 to the State Duma that the bankruptcy of Atommash OJSC has been verified by the investigation department of Volgodonsk police. However, the police did not take the materials of the Audit Chamber into account, therefore, their resolution "not to initiate criminal proceedings" was cancelled and another inspection prescribed. The second inspection did not bring any result either.[24] Dissatisfied with the answer, on 21.12.2010 Anatoly Lisitsyn sent a letter (ref. No.LIS-1282/GD) to the President of Russia Dmitry Medvedev, asking to order the respective authorities to secure Russia's national interests by assisting the Presidential Control Directorate in their inspection (ref. A8-6296-5 dated 02.11.2010) of the unprecedented premeditated bankruptcy of Atommash OJSC.[25] As a result, on 08.07.2011 President Medvedev issued a Decree (ref. Pr-1948), ordering Prime Minister Putin to consider purchasing the facilities of Atommash so they can be managed by Rosatom and at the same time ordering Rashid Nurgaliyev, Russia's Minister of Internal Affairs at the time, to conduct another verification of the bankruptcy of Atommash OJSC, as per the materials presented by the General Prosecutor's Office and take action as appropriate.
- Write off the debt on loans of Atommash owed to the Ministry of Finance of Russia (22 billion rubles), as well as respective interest and penalties as of September 1, 1996.
- Release Atommash from paying all kinds of taxes to the federal and local budgets from September 1, 1996, to December 31, 1997.
- Offer an installment plan (layaway) from January 1, 1998, to December 31, 2000, for the current accruals to the budgets of all levels.
- Sell the unsold 30% shares of Atommash to private shareholders under investment conditions.[13]