RusHydro is called a damage payment of bonuses to the Board

On Monday it became known that the amount of claims to the former head of “RusHydro” Evgeny DoD has increased tenfold — from 72.3 million to 778,72 million rubles Compensation for additional 706,42 million RUB from the top Manager demanded that she “RusHydro”. But based on what new claims, the company has not explained.

As it became known to RBC, 706,42 million rubles is the sum of the “special award”, which the DoD, according to the present General Director “RusGidro” Nikolay Shulginov unduly accrued to the Board of the company at the end of 2013. Grounds for such premiums was not because of the accident Zagorskaya GAES-2, said in testimony Shulginov of 29 September (RBC has a copy).

Shulginov in August 2015, replaced the DoD the head of RusHydro, the testimony he gave in a criminal case under article “embezzlement” (article 160 of the criminal code), instituted on 22 June in relation to his predecessor and the chief accountant of the company Dmitry Finkel. To his testimony he made the statement in which asks to recognise “RusHydro” as a civil plaintiff in the criminal case and paid the prize calls the theft of company property.

In his testimony Shulginov recalls that in the accident on Zagorskaya GAES-2 in September 2013 was collected the Commission, which found irregularities in the number of employees Zagorsk PSP-2 and the company “RusHydro”. “The results of workers Zagorsk PSP-2 and the company “RusHydro” and other persons were deprived of premiums for the fourth quarter of 2013 and for 2013″, — he says. Thus, there was no reason to pay the premium and the members of the Board of the company for 2013, he adds.

For 2013 the total remuneration to the members of the Board of “RusHydro” amounted to 612,26 mln, of which RUB 111.9 million was spent on salary and 500,3 million roubles — the award, said in the quarterly report of the company. It’s also noted that additional agreements with the members of the Board on the remuneration payment in 2013 was not concluded. In 2013, the management Board of “RusHydro” consisted of 14 people, now it was reduced to five people, and their places have kept only the first Deputy Director George Rizhinashvili and chief engineer of the company Bogush Boris.

The representative of the company “RusGidro” confirmed RBC that all data on payments to members of the management Board of the company published. But she did not comment on the testimony Shulginov and why they specified the amount that exceeds the actual payment.

Sources of “Kommersant” on Monday was told that even initially, the DoD planned to leave without awards for 2013 myself and other members of the Board because of the accident on Zagorskaya GAES-2, but then changed his mind.

“The position our client is that if there is a civil dispute about the amount paid to him of the award, it should be discussed in the civil law field,” said RBC’s counsel DoD Victoria Burkovskaya. The amount of damages claimed Shulginov, she says.

Unjustified awards are often encountered in legal practice, but not always exact in the framework of criminal proceedings, often in civil as losses from the General Manager, told RBC partner of the law Bureau of BMS Law Firm Denis Frolov. “The Director is obliged to compensate the damage he caused, as head of the commercial organization, and the award is one of the most common situations. In civil proceedings it is very difficult to prove the guilt of the accused from the point of view of documents, and when criminal investigation is the task of the investigators,” — said Frolov. According to him, “RusGidro” can’t get paid before the award the members of the management Board of RusHydro, even in the case of recognition of accusation justified. All the blame falls on the CEO who had the right of decision, therefore in case of recognition guilty of DoD, this amount should be recovered from him, he concludes.

On Monday Basmanny court of Moscow has decided to re-arrest the property of the DoD and his family until December 22, including two apartments that his father received before the age of the accused. “RIA Novosti” reported that the rationale for arrest, investigators apart from the application Shulginov about the damage said that the investigation of the crimes of the DoD, not related to the activities of RusHydro.

DoD and Finkel was detained and arrested in June on charges of “fraud in especially large size” (part 4 of article 159 of the criminal code). In September an article retrained in “assignment or waste in especially large size” (part 4 of article 160 of the criminal code). Both articles provide imprisonment for the term up to ten years. The investigation accused two top managers in distorting financial reporting that, according to the prosecution, the misled participants in the annual meeting of shareholders of RusHydro regarding the amount of profit for 2013. On the basis of approved by the Board of Directors decisions, the DoD issued an order on awarding bonuses to Board members of the company at the end of 2013 and gave itself a bonus in the amount of 1% of the net profit than improperly overstated its size is no less than to 73.2 million rubles, investigators believe. In August, the DoD put out the damage at 73.2 million rubles.