Abromavichus and Nayem decided to raid Antonov State Enterprise in violation of the law

The ex-general director of Ukroboronprom Aivaras Abromavichus, despite his inadequate decisions in the defense complex, has been recently appointed as the state representative in the supervisory board of Oschadbank,

Yet today we will focus on the Ukroboronprom Group of Companies, which Abromavichus left in order to evade responsibility while stating:

"The team will continue to work, I will also work further, and you will see in which position."

Thus, the "would-be reformer" did not lie and made it clear that his people will continue to lead the state concern while he, allegedly, has nothing to do with this. However, everyone has long known that its main goal was precisely the liquidation of the Ukroboronprom Group of Companies, with the aim of further seizing the assets of its enterprises, one of which is the Antonov plant.

In June 2020, the employees of Antonov State Enterprise, which is part of the State Enterprise, held a rally at which they demanded to defend their enterprise from the interference of Ukroboronprom.

On June 12, 2020, MP Aleksandr Dubinskyi handed over to President Volodymyr Zelenskyy the resolution of the general meeting of the Antonov team, which was signed by more than three thousand employees. It said that the Ukroboronprom concern, which includes Antonov, had never provided support to the enterprise in five years. All that his management did was incessantly attack with checks and orders. All of these slowed down the production process and reduced work efficiency.

Even then, the ultimate goal of Abromavichus was presumable - to destroy the State Enterprise "Antonov" in order to take possession of its real estate in Kyiv. After such a public scandal, the onslaught from Abromavicius began to subside.

But now, when Abromavichus allegedly has no relation to the state concern, on November 4, 2020, by order of Ukroboronprom, a supervisory board was illegally created at Antonov State Enterprise, which will simply lead to a raider takeover of the enterprise.

The trade union of the Antonov State Enterprise reported that Ukroboronprom grossly violated the law, and publicly, with an open letter, appealed for the help to the government: Deputy Prime Minister Oleg Urusky, Minister of Justice Denis Malyuska, as well as the NSDC (Danilov). There were also reports on the emerging corruption schemes:

“Recently, there was an unexpected change in the head of the enterprise on the Antonov State Enterprise, which is subordinate to the Ukroboronprom Group of Companies. As it turned out when a new head was introduced at the scientific and technical council of the enterprise, the position of the President was eliminated and a new position of the General Director was created. Afterward, it turned out that the charter of the enterprise was also changed and approved on 4.11.20 without proper justification and agreement with the team!

The new Charter significantly changes the form of management of a scientific and technical enterprise. Moreover, it does not take into account the strategic importance for the state, creates a corrupt enterprise management scheme without legal responsibility for official interference.

The mechanism of corrupt actions consists in the creation of a Supervisory Board controlled by Ukroboronprom, which forms the tasks of the enterprise and obliges the General Director to fulfill them, but the Supervisory Board is not expected to be liable either to the concern or to the enterprise. The members of the Supervisory Board as well as the General Director of SE Antonov are appointed by Ukroboronprom.

The fight against the non-state position of Ukroboronprom officials has been dragging on since the transfer of the Antonov State Enterprise to their management, and we regularly hear about blatant schemes of embezzlement of state funds and sabotage of the concern's statutory tasks.

The Movchan case, the lack of orders for aircraft, the corruption scandal with the only contract for the An 178 from Peru are just a few examples. And, of course, according to the documents, someone must be held accountable before the law.

The new team of Ukroboronprom appeared to be more professional in legislation and created an unprecedented system of splitting up of state funds and property.

It should be noted that Ukroboronprom is an authorized person of the owner - the state for the Antonov State Enterprise, and not the owner of the property or the intellectual achievements of the enterprise.

The personnel of the enterprise, with their creative work, produced aircraft and developed infrastructure, and did not come to ready-made production facilities!

The officials of Ukroboronprom appropriated the ownership of the enterprise without responsibility to the state!

Therefore, as a result of the irresponsible split-up of the State Enterprise Antonov, according to the new Charter, the employees of Ukroboronprom appoint their protégés or themselves (like Abramavichus, Nayem, etc. did) to the positions of the Supervisory Board of SE Antonov. General Director is preferably appointed in advance and can be any trusted person. And then, in accordance with clause 2.1 of the Charter, in order to make a profit - the main task of the enterprise, the Supervisory Board instructs the head to squeeze out profits, and for this, it is well suited: termination of the design and production of aircraft, sale of "non-core" social assets, lease of land and property, etc.

Of course, all this will require a reduction in labor intensity, that is, based on inaction, the team will have to be reduced. If the General Director does not fulfill the task, he is fired.

And what is there left to do for the team? No parliamentary inquiries or complaints against members of the Supervisory Board bear criminal or administrative responsibility! The appeal to Ukroboronprom will turn into an official response regarding the legal activities of the Supervisory Board.

The team has been hearing about the measures for the destruction of the Antonov State Enterprise for six years, but on November 4, 2020, with the approval of Fomenko, an unprecedented system of destruction of state property, scientific and technical divisions, and organizational systems came into effect.

“It should be noted that aviation is a strategic direction of the state's economy and provides for the creation of tangible and intangible assets of a high scientific and technical level and, of course, allows the state to own advanced technologies for both civilian use and the state's defense capability. These technologies provide for the coordination and strict control of state bodies, the direction of funds for scientific and technical development, technology renewal, and the creation of modern models of aviation technology.

SE Antonov has potential, and it was planned to make it a key enterprise in the industry, but the adopted Charter does not provide for the organization of scientific and technical developments, since this would contradict clause 2.1 of the Charter, despite the fact that a scientific and technical council was formally introduced.

We are addressing you on behalf of the Slavutich air defense at the SE Antonov and from many caring employees - allow the enterprise to work effectively for Ukraine and the team!

Today it is necessary to annul the introduction of the Charter of November 4, 2020, and bring the officials of Ukroboronprom to responsibility for the abuse of authority and negligence, as well as effectively organize the work of the aviation industry. "

It becomes obvious that Abromavicius and his people, one of whom is the acting deputy, Mustafa Nayem, will completely stop production and bring the enterprise to liquidation. And they will not bear any responsibility.

Key points of this conspiracy are the following:

• The creation of a supervisory board at Antonov State Enterprise by order of Ukroboronprom took place with the aim of total control / raider seizure, launching a corruption mechanism aimed at taking over a state enterprise.

• Actions of "Ukroboronprom" to create a supervisory board at SE "Antonov" are not coordinated with the staff of the enterprise and aim at eliminating the team in the participation of decision-making on the implementation of economic activities of SE "Antonov".

• Changing the charter of SE “Antonov” will lead to the termination of the design and production of aircraft. There will be a sale of “non-core” social assets, lease of land and property, etc.

It is also worth paying attention to the changes in the charter, which relate to the creation and functioning of the supervisory board. After all, the law "On the Specifics of Management of State Property Objects in the Defense Industrial Complex" does not contain any norms regarding the formation, organization of activities, and liquidation of supervisory boards of state unitary enterprises of the military-industrial complex, which are members of Ukroboronprom State Corporation.

It only talks about the formation and activities of the supervisory board of the state concern itself (whose members are appointed according to the corresponding quotas of the President and the Cabinet) and not its members. It means that changes to the charter concerning the formation and operation of the National Assembly of a state enterprise can be canceled as such that do not comply with the law, by the decision of the highest authority - the newly created Ministry of Strategic Industries. It can issue its order, by which it will approve the new version of the charter of a state enterprise, eliminating the indicated violations of the law.

Also, the Administrative Court will easily cancel the amendments to the charter introduced by the order of the SC "Ukroboronprom": in the part concerning the formation and operation of the supervisory board of the state enterprise. The Economic Court will also be able to “pick up” this claim, as a “corporate” dispute, by analogy with appealing against the decision of the general meeting of a business company, on amending its constituent documents. After all, the legal status of the concern as a subject of power is null and void. Also, a claim can be filed against the state registrar in the order of administrative proceedings, if they have registered changes to the charter.

All this will contribute to the suspension of the order of the SC "Ukroboronprom", which approved the corresponding amendments to the charter and will also prohibit the formation of a supervisory board at "Antonov".

Abromavichus and his underlings are already afraid of the cancellation of the order of the Ukroboronprom State Corporation by the Ministry for Strategic Industries. Therefore, the media is launching an information campaign criticizing the newly created ministry, where, without argumentation, they call for the dismissal of Deputy Prime Minister and head of the Ministry Oleg Urusky.

It is despite the fact that the creation of a supervisory board at Antonov by Ukroboronprom runs counter to the policy of President Volodymyr Zelensky, aimed at increasing the efficiency of the defense industry enterprises and reforming the aerospace industry.

We can trace external foreign influence aimed at weakening the potential of the Ukrainian defense industry, slowing down/curtailing the reform of the defense industry and our aerospace industry in the actions of Ukroboronprom and the unfolding information campaign against the Ministry of Strategic Industries. Its goal is to bring Ukraine to its knees, which is confirmed by the 3,000-strong Antonov team.

Sergey Pivovarov