Kommersant requests that it be allowed to publish the notices of bankruptcy

Izvestia found out that, last February, General Director of Kommersant Publishing House Pavel Filenkov addressed Andrey Belousov, the Minister of Economic Development, saying that he was ready to decrease the price for publishing notices of bankruptcy to 118 roubles from 159 roubles (for 1 sq. cm) since March 1st. In December, Rossiyskaya Gazeta (RG) won the tender to the right to publish the notices, but Kommersant keeps publishing those. The Ministry of Justice helps Kommersant by not registering the order on the tender’s results. The Ministry of Economic Development acknowledged the suggestion by Kommersant, but gave no answer to the publishing house as of yet.

The section of bankruptcy notices of Kommersant Publishing House informs today that the notices are still being published at 159 roubles per sq. cm.

General Director of Kommersant Publishing House Pavel Filenkov explained to Izvestia: “We cannot lower the price of 1 sq. cm, since the price regulation is a privilege of the public authorities. We have not yet received any answer to the point from the Ministry of Economic Development”.

Rossiyskaya Gazeta, Kommersant’s successor, with whom the Ministry of Economic Development has already executed the contract, cannot start publishing the notices, because the respective order by the Ministry of Economic Development needs approval by the Ministry of Justice. But the first attempt to approve the document failed: the Ministry of Justice returned it to the economic authority. For formal reasons, according to an informed source. The Ministry of Justice informed Izvestia, when contacted, that the draft of the order was received and underwent legal and anticorruption checks. According to the source, who is informed, the delay is not accidental: the Ministry of Justice awaits the command from the Government, where, despite the tender, the supporters of Rossiyskaya Gazeta still struggle against those of Kommersant.

The situation may be resolved on Thursday, March 28 – a meeting in the Ministry of Economic Development is scheduled for that day, to which all interested companies and institutions are invited. According to the source of Izvestia, Kommersant will finally have to renounce the authority of the official printed body of trustees in bankruptcy. However, General Director of Kommersant Publishing House Pavel Filenkov is not going to surrender and is convinced that the matter will only be finally settled, when all court proceedings are concluded.

P.Filenkov told Izvestia: “This will be a meeting to discuss the matter of explanation of the Ministry’s position regarding the tender results. The Minister will again say that the tender was legal; we will again say that it was not, and everyone goes their separate ways. The meeting will not be able to take any decision for the simple reason that, first, the cases are in courts; second, we publish the notices on charge by the Government, and whatever the minister may wish to say, the Government’s instruction holds more weight than his personal opinion, even with the extra weight of his office thrown behind the opinion”.

RG refused comments.

Alexander Bolomatov, Associated Partner of the Law Firm "YUST", is convinced that the proceedings in the court of arbitration, which Kommersant started (it contests the tender and its order by the Ministry of Economic Development), cannot prevent the execution of a new contract between the Ministry of Economic Development and RG. Therefore, the only obstacle to the transfer of the bankruptcy notifier functions is the absence of the order, on the basis of which RG will operate. Imposing security measures in the form of prohibition to sign the document before the end of the trials may be the only obstruction, and Kommersant has already requested it. But the proceedings in the Court of Arbitration of the city of Moscow have not yet started; therefore, the security measures cannot be imposed.

For more detail see here.