Judicial practice.

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It should be noted that the Supreme Commander-in-Chief focused specifically on the management system, without which the stable functioning of the Armed Forces and the accomplishment of their tasks both in peacetime and in war time. This entails special requirements for the effectiveness of the activities of those Russian defense enterprises and institutes that are involved in carrying out tasks within the framework of the State Armament Program for the development and production of automated control systems for various purposes and level.

The military representations of the Russian Ministry of Defense are called upon to play an important role in monitoring the quality of work carried out by the defense industry under the State Defense Order and State Armed Forces. When he was the chief of armaments of the RF Armed Forces - Deputy Minister of Defense for Armaments, the current Chief of the General Staff, Army General Nikolai Makarov, did a lot to ensure that military representatives intensified their work and took a more active and demanding approach to issues of quality control and deadlines for the implementation of government contracts by defense industry enterprises. This course was continued by the new chief of armaments, Colonel General Vladimir Popovkin. A similar position is taken by the commanders-in-chief of the branches of the RF Armed Forces, who are vitally interested in joining the troops quality systems VVT.

On the days when Russian army came to the rescue South Ossetia and fought off aggression from Georgia, a document was sent to the Commander-in-Chief of the Air Force, Colonel-General Alexander Zelin and the Deputy Minister of Industry and Trade of the Russian Federation, Yuri Borisov, in which the head of one of the military representative offices of the Russian Defense Ministry directly stated that the FSUE "NIIIT" - Scientific- Research institute information technologies, Tver - disrupts a number of important government contracts carried out in the interests of the Russian Ministry of Defense. The situation, frankly speaking, is unprecedented. As a rule, military representatives try not to “spoil” relations with the heads of the enterprises they supervise. What happened if this time “dirty dirty laundry” was taken to such a high level?

The letter (a copy of it is at the disposal of the editorial office of "VPK") contains an extensive list of claims from the military representative to the activities of the FSUE "NIIIT", and the mention of shortcomings takes up almost four (!) pages. Here is the failure to complete the series the most important stages work under government contracts, and violation of deadlines, and suspension of work on a number of points, and financial irregularities. It is simply not possible to list all these shortcomings within the scope of this article; there are too many of them. But the conclusions reached by the head of the military mission deserve attention. Let's quote them.

1. Federal State Unitary Enterprise "NIIIT" has actually completed less than 25% of the annual volume of work under the State Defense Order 2008 (and this is as of the first ten days of August this year - Editor's note).

2. The enterprise’s fulfillment of government contracts for the supply of serial products is under threat of failure.

3. FSUE "NIIIT" systematically does not comply with the instructions of the state customer, requirements state standards, as well as regulatory and directive documents.

4. Despite repeated requests, FSUE NIIIT continues to block the activities of the military representative office, including verification of actual expenses at the enterprise on orders from the RF Ministry of Defense.

5. Continuation of the enterprise management policy pursued by the management of FSUE NIIIT will inevitably lead to bankruptcy.

6. The current situation as a whole indicates that the Federal State Unitary Enterprise "NIIIT" is not able to fulfill the State Defense Order-2008.

Here is such a “bouquet” of outrages, for each of which it is high time to “call the perpetrators on the carpet” with the corresponding organizational conclusions. However, apparently, the leaders of NIIIT are not giving a damn, feeling quite at ease. Moreover, according to some reports, NIIIT intends to “eat up” everything that is possible on the subject of automated control systems, taking away relevant specialized work from a number of successfully established enterprises. There is also talk that “under NIIIT” a whole holding of automated control systems could be created, where will he go the lion's share of all orders on the relevant topic, and, accordingly, huge budget funds. But won't they suffer the same fate as the previous financial tranches? Moreover, in the already mentioned letter from the military mission addressed to the Commander-in-Chief of the Air Force and the Deputy Minister of Industry and Trade of the Russian Federation about the situation in the FSUE NIIIT, a very piquant detail is reported that “the volume of advances received by the enterprise in 2007 is currently (August 2008 - Editor's note) closed by less than 20%."

In this regard, one inevitably wants to ask a question from the famous hit song by Vladimir Vysotsky: “Where is the money, Zin?” It’s just that, it seems, in response you can get not an explanation on the merits, but a pearl from the same song: “You, Zin, are running into rudeness, that’s it, Zin, you are trying to offend!”

In fact, this is exactly how the director of the Federal State Unitary Enterprise NIIIT, Dmitry Pilshchikov, reacted to an open letter from one of the institute’s veterans, Nikolai Shamorikov. In the brought forward claim, Shamorikov was required to refute “by providing a refutation” to the authorities (the Chairman of the Government of the Russian Federation, the head of the Federal Agency for Industry, the Chief of the Air Force General Staff, the General Director of the Academician V.S. Semenikhin Research Institute of Aviation and Aviation and the Federal State Unitary Enterprise "NIIIT", the team and Director of the Federal State Unitary Enterprise "NIIIT" Pilshchikov D.E.) the following information, "defamatory business reputation, honor and dignity of the plaintiff" contained in the said open letter (we quote from the decision of the Federal Arbitration Court of the North-Western District dated June 29, 2007 No. A66-5909/2006):

1. “as a result of three years of activity of the director, the institute is in a state of self-destruction, the balanced technological structure of the enterprise has been eliminated”;

2. “a negative attitude is developing towards the heads of NIIIT among the main customers”;

3. “young employees do not plan their career within the walls of NIIIT”;

4. “employees with experience purposefully and consistently survive from the enterprise”;

5. “after the arrival of the new administration, since the beginning of 2003, qualified personnel potential has been almost completely excluded from the FSUE NIIIT.”

However, it seemed to the plaintiff (Mr. Pilshchikov) that only one moral execution was not enough for Nikolai Shamorikov, so they prepared a “surprise” for the obstinate truth-seeker: at the same time they wanted to extract 300 thousand rubles from him - “to compensate for moral damage”!

To the credit of several arbitration authorities, persistent attempts by the current leadership of the FSUE NIIIT to punish Nikolai Shamorikov for “sedition” ended in vain. Mr. Pilshchikov received an explanation: “Article 33 of the Constitution Russian Federation, Article 19 of the Universal Declaration of Human Rights and Article 19 of the International Covenant on Civil and Political Rights enshrines the right of citizens to send personal appeals to government and other bodies, which, within their competence, are obliged to consider these appeals, make decisions on them and give a reasoned response as prescribed by law term".

Meanwhile, information attacks on NIIIT director Dmitry Pilshchikov continue. A very interesting article was published on May 23, 2008 by the Internet portal "Tver INFO" (www.tverinfo.ru), author - Ilya Popov. In particular, it says the following (we quote):

“Since the beginning of 2003, think about it, more than 400 people have left the FSUE NIIIT. The number of people in the main scientific and production areas has almost halved: doctors of sciences have left, including those with the title “Honored Scientist of the Russian Federation”, laureate of the Russian Government Prize , about 90% of candidates of science, honored designers of the Russian Federation, workers awarded medals "For Services to the Fatherland", 95% of scientific and managerial managers from the head of department and above, 90% of chief designers and deputy chief designers of products being developed. to state a disappointing fact: the enterprise’s personnel consists mainly of young people who have recently graduated from universities and specialist teachers with minimal design skills.

But what a problem! Since training a leading specialist in the subject of an enterprise requires from five to ten years practical work, then the matter cannot be corrected only with young staff and teachers. What is needed here is a fusion of experience and youth. And this, unfortunately, is missing at NIIIT today. And time seems to be lost:

It all started, as it most often happens, with a change in the leadership of the institution at the end of 2002. The current director of the Federal State Unitary Enterprise "NIIIT" D.E. Pilshchikov, an energetic and tenacious man, came to this position from a small business. Which, in general, is also not surprising for our time. This may seem surprising only if we truly become aware of what the Research Institute of Information Technologies actually does. Mr. Pilshchikov's business before his appearance at the research institute consisted of "screwdriver" assembly and sale of computers in small quantities. For some reason, with his arrival, the moral and psychological climate in the institute’s staff changed, priorities changed, and personnel changes began.

In a letter addressed to the Prime Minister of Russia in December 2005, one of the leading heads of departments at NIIIT N.F. Shamorikov (also former at the time) wrote: “The trouble with D.E. Pilshchikov as a director is, first of all, that, without having positive experience in real developments complex systems and implementation experience, he cannot correctly formulate tactical and strategic requirements for the organization production process, to cooperation with other enterprises and, ultimately, to the ways of development of the institute: Tense and hostile relations with partner enterprises become the norm of the external behavior of the institute. The main customers are developing a negative attitude towards the leaders of NIIIT. Young employees do not plan their careers within the walls of NIIIT and do not intend to stay here for a long time. Experienced employees purposefully and consistently leave the company; many leave on their own.

Along with the reduction in the scope of work and the loss of the role of the parent organization on the defense problem assigned to the institute, qualified personnel potential has been almost completely lost."

The letter, as we see, is alarming. And this anxiety is caused not by personal problems, but by concern for the state of affairs in an important sector of state interests. In addition to the letter from N.F. Shamorikov, as far as we know, since 2003, other appeals from individual employees of the Federal State Unitary Enterprise NIIIT have been sent to higher authorities. All of them were devoted to the unfavorable, in their opinion, state of affairs at the research institute, the creation of intolerable working conditions by the administration, as well as issues addressed to the financial and legal activities of the company’s managers. However, no action was taken to respond to complaints, or superficial, formal checks were carried out and everything ended in replies; no one actually talked to people or delved into the essence of the problem.

Now enterprises and institutes like the Tver Research Institute of IT are preparing throughout the country for reorganization and a change in legal status. They will be corporatized, and part of their assets will pass into private hands. And above all, into the hands of those who really control the situation at these enterprises. In such conditions, it is worth taking a close look again at what happened at NIIIT. At least in order to understand whether we will lose this unique enterprise tomorrow or not. Now is the most favorable moment - there is a competition to fill the position general director. Currently, the powers of D.E. Pilshchikov's design has expired and he is finalizing it according to orders - until the competition. Apparently, he will submit documents for the competition after all. As a person who came from business, he cannot help but be interested in the upcoming corporatization and the possible commercial dividends of this event. But someone should also be interested in the scientific, research, and, ultimately, government prospects of the enterprise.

As you can see, the letter from the military mission with which we started this material, puts a logical point in the sensational epic around Dmitry Pilshchikov and the situation that developed under his leadership at NIIIT.

Let us ask ourselves: why is he still afloat? Knowledge of current Russian realities suggests that such a state of affairs is possible if the “hero” of our article, apparently, has influential patrons in the Russian Ministry of Defense.

"VPK" will monitor the development of the situation.

Our current time is marked by the fact that throughout Russia old buildings are being revived and new ones are being built. Orthodox churches. Nevertheless, to this day, individual citizens and organizations, for mercantile or other reasons, are trying to harm the church. Today, the rector of the church, Father Leonid VODOLAZSKY, tells the readers of “Caravan” about the problems that unexpectedly arose at the Sorrow Church, located in Tver, on Volodarsky Street.

Our temple was built in 1749. And it received its current name after terrible fire, which practically destroyed the city when the icon was moved here Mother of God Joy to all who mourn. Before the revolution, there was a cemetery around the church.
In 1937, the temple was closed, and an archive was placed in its premises, and later a warehouse for textbooks. In 1995, severely damaged by the construction of a heating main, it was returned Orthodox Church. But by this time, the buildings of the former shelter for elderly priests and the parish school, the clergy house, as well as other buildings, without which the activities of the church community were unthinkable, were lost. It turned out that those attending the revived Sunday school and choir studio simply had nowhere to study. There was also no refectory, which is necessary for every temple.
And one more very significant detail. Every organization needs a toilet. We simply cannot exist without a toilet, which, by the way, is available in the above-mentioned house.
In 1998, the director of the Institute of Information Technologies located near us, Vladimir Aseev, delved into our problems and gave us three rooms in a small wooden house opposite the temple. Sunday school classes, meals and rehearsals began to be held there. In fact, our entire non-liturgical parish life took place in these rooms. But the lease expired a year ago. The new director of the Institute of Information Technologies, Dmitry Pilshchikov, did not renew the contract, considering that the house in which we rented premises was not needed by the institute.
The house itself is not the property of the institute, but was transferred to it for use by the state. But, since the institute does not need it, we asked to transfer it to us. Corresponding letters have been sent to several authorities, including President Putin. If the decision was positive, we intended to move our library, which is used by 400 readers from all parts of the city, to the building opposite the temple. We also wanted to place a free medical center there, where Orthodox doctors could provide free medical care to the poor, pensioners and veterans.
The director of the Institute of Information Technologies, Dmitry Pilshchikov, promised not to touch us for a year while the issue of the house is being resolved. After the service on Bright Week, which was conducted by the bishop himself, at the festive meal, Dmitry Evgenievich said that they are always ready to help the church and you can turn to them for help. But after 10 days we were required to urgently leave the rented premises due to demolition and remove our property from there by May 4th. Then Pilshchikov explained his actions by saying that he could help the church only as a private individual, but not as a director... Allegedly, his institute is military and closed, and the controversial house is located precisely in the “protection zone.” But according to the law, the security zone of such institutions must be 400 meters. Maybe tomorrow the institute will want to demolish a good half of the center of Tver? So wouldn’t it be easier to move such a secret establishment out of town? Moreover, the Institute of Information Technologies actually stands on our land - on an old cemetery, which used to belong to the church.
Today the house was sealed under the pretext of “faulty wiring” (although we offered to replace all the wiring there within 24 hours). They sealed it, leaving our food and live cats there. Without waiting for the state to respond to our requests, the house has already begun to be dismantled.
The church in Tver owned quite a lot, for example, the current Suvorov and Venetsian schools and the land where the Palace of Children and Youth stands, and much more. But we demand to give only that little that is necessary for us to continue parish life - small house opposite the temple on cemetery land.

Boris GUROV
Photo by Svetlana PRUSAKOVA



On Saturday near the Yubileiny Sports Palace, as if by magic magic wand, a fairy-tale city arose. Drowning in balloons and joyful children's smiles, he lived his carefree life. Everyone who came was warmly welcomed here, and everyone could find entertainment to their liking. The MTS-EXPO holiday was in Tver for two days off. Having started his journey through the cities of Russia where there is MTS cellular communication, he made his second stop with us.

CHILDREN, feeling like brave warriors, climbed the castle wall, jumped on a trampoline, participated in funny competitions, receiving colorful prizes from MTS. At this time, parents also did not have to be bored. A state-of-the-art exhibition opened its arms for them, presenting latest achievements in the field of mobile telecommunications. Experienced MTS consultants answered all questions in an accessible, simple and engaging manner, leaving no secrets about what GPRS, JAVA and SMS are, and also talked about the variety of payment methods for services. And those who decided to connect to MTS received a coupon giving them a free right to choose a beautiful number.
There was something to do for young people too - there were amateurs in the park active rest competed in accuracy while playing streetball.
At this time, the presenter entertained the audience gathered around the stage. Here they danced, recited poems, sang. Competitions alternated with awards, leaving no one indifferent. After taking a photo, everyone could see themselves in the most original form and receive an interesting photo as a gift. And the winner in the competition for the funniest SMS message was: “Attened a beaver, saved a tree. Greenpeace.”
On Saturday evening, young people had a blast at a disco hosted by a virtual interactive DJ. But the most enchanting super action took place on Sunday evening. About 35 thousand people gathered for the free concert, which was attended by the groups "Fantasy" and "Hands Up".
The lead singer of the group "Fantasy" Larisa wished the residents of Tver a hot summer and a great holiday. People were looking forward to the release of their favorites “Hands Up”. “Don’t be angry with me,” came the sounds of a folk hit. The audience rejoiced, the girls climbed onto the shoulders of their companions. Sergei Zhukov immediately got the audience ready to communicate. “We were united by a good connection from MTS and good music from “Hands Up.” As soon as Zhukov sang another hit, the audience immediately picked it up.
A worthy conclusion to the show was an impressive light and musical fireworks display. The organizers admit that they would like to see more people at such a grand event. Those who missed the two-day MTS celebration, of course, already regretted it. But don't be upset: next year the fabulous caravan will come to Tver again, and you will have the opportunity to catch up.

Elena BURTSEVA
Photo by Svetlana PRUSAKOVA



IN Lately In the Tver region, the topic of Mitkov was relevant. Their invasion began in our area very in an unusual way- they literally fell from heaven onto the heads of the Tverites. At the Borki airfield near Kimry, 37 Dmitrievs made a record parachute jump.
Mitka, let us emphasize, is the same as Dmitry. Those, but not really. If “Dmitry” sounds strict and official, from a phonetic point of view, harsh and harsh, then “Mitek” is a kind, soft word. But main feature is that Mitek is a folk soulful style. Mitki are characters close to the people, better than them, people who understand.
Here we smoothly move on to the famous St. Petersburg cultural phenomenon called “Mitki”. And not only because this creative movement embodied the above qualities, but also because its famous representatives came to Tver at the end of May with an exhibition of their paintings, which was held in the Exhibition Hall of the Tver Regional Art Gallery.
And in this regard, the general expectation that reigned last week for the Russian President in the Tver town of Mitino near Torzhok, which is in tune with our topic, looks completely suspicious. There the head of state had to get close to the Tver people.
Well, how can one not perceive the aggravation of the Mitkovo theme in the Tver region as a special sign? What if the Mitki invasion is not accidental and does it mean something?
The transformation of an individual called Dmitry into Mitka symbolizes the fact that he has begun to be accepted as one of their own, that he is no longer a stranger and not cut off from society. This is all, of course, a humorous convention, but it’s probably useful for all serious Dmitrys to turn into Mitkov from time to time. To better understand other Mitkovs and other Dmitrievs.
And in our region, which is led by a governor named Dmitry, it is difficult to resist the temptation to offer him to be Mitko at least for a while.

ARBITRATION COURT OF THE TVER REGION

170000, Tver, Sovetskaya st., 23 "b"

In the name of the Russian Federation

SOLUTION

The operative part was announced on October 23, 2014.

The Arbitration Court of the Tver Region, composed of: Judge V.A. Roshchupkina, with the minutes being kept by the secretary of the court session I.A. Mitkeeva, with the participation of the plaintiff’s representative - O.M. Karygina,

Having considered the case at the court hearing on the claim of Open joint stock company"Research Institute of Information Technologies", Tver (OGRN 1126952002825, INN 6950145750),

About the collection of 779,432 rubles. 37 kop.,

INSTALLED:

Open joint-stock company "Research Institute of Information Technologies", Tver (hereinafter referred to as the plaintiff Company) filed a claim with the Arbitration Court of the Tver Region against Dmitry Evgenievich Pilshchikov (born September 14, 1964), Moscow (hereinafter referred to as the defendant) about recovery of RUB 779,432. 37 kopecks, including: 742,346 rubles. 00 kop. – losses in the form of direct actual damage, RUB 37,086. 37 kopecks – interest for the use of others’ in cash, accrued for the period from December 23, 2013. to 01.08.2014

The defendant, duly notified of the date, place and time of the court hearing (Article -), did not ensure the appearance of the authorized representative at the court session. The case is being considered in accordance with Art. Section II. Proceedings in the arbitration court of first instance. Claim proceedings > Chapter 19. Judicial proceedings > Article 156. Consideration of the case in the absence of a response to the statement of claim, additional evidence, as well as in the absence of persons participating in the case" target="_blank">156 Arbitration Procedure Code of the Russian Federation in the absence of a representative of this person according to the evidence available in the case file.

The plaintiff filed a motion to include additional documents in the case materials.

The court determined: to attach the submitted documents to the case materials.

DECIDED:

Accept the refusal of the Open Joint Stock Company "Research Institute of Information Technologies", Tver (OGRN 1126952002825, INN 6950145750) from the claim regarding the collection of interest for the use of other people's funds in the amount of 37,086 rubles. 37 kopecks, the proceedings in this part are terminated.

To recover from Dmitry Evgenievich Pilshchikov, Moscow, in favor of the Open Joint Stock Company "Research Institute of Information Technologies", Tver (OGRN 1126952002825, INN 6950145750):

RUB 742,346 00 kop. - losses,

RUB 17,704 17 kopecks - payment costs state duty.

In case of non-execution of this judicial act, interest for the use of other people's funds at the refinancing rate of the Central Bank of the Russian Federation in the amount of 8.25% per annum for each day of delay in the execution of the judicial act from the moment this judicial act enters into legal force until its actual execution for the entire amount collected (damages and legal expenses).

Issue a writ of execution to the claimant in accordance with Art. after the decision comes into force.

Issue to the plaintiff a certificate for the return of state duty in the amount of 884 rubles from the federal budget of the Russian Federation. 49 kopecks, paid by payment order No. 881 dated July 23, 2014.

This decision can be appealed to the Fourteenth Arbitration Court of Appeal of Vologda within a month from the date of its adoption.

Judge: V.A. Roshchupkin

Court:

AS of the Tver region

Plaintiffs:

JSC "Research Institute of Information Technologies"

Defendants:

Pilshchikov Dmitry Evgenievich

Judicial practice on:

Employment contract

Arbitrage practice on the application of Art. 56, 57, 58, 59 Labor Code of the Russian Federation


Dismissal, illegal dismissal

Judicial practice on the application of Art. 77 Labor Code of the Russian Federation


Judicial practice on wages

Judicial practice on the application of Art. 135, 136, 137 Labor Code of the Russian Federation


Abuse of right

Judicial practice on the application of Art. 10 Civil Code of the Russian Federation


Lost profit

Judicial practice on the application of Art. 15, 393 Civil Code of the Russian Federation


Compensation for losses

Judicial practice on the application of Art. 15 Civil Code of the Russian Federation

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