Let me introduce (not without certain bouncing) the first legally certified vexatious shareholder-abuser.
The Moscow Court of Arbitration has deemed me such on the claim of a very bona fide company, the Rosneft.
You probably remember that after our months-long legal wrangle, we finally sued that the Rosneft and the Transneft should grant their shareholders the common documents – the minutes of Board meetings.
Afterwards, we continiued moving in that direction and started requesting certain documents about transactions that had triggered some questions among us (where we have every legal right, as well), such as the “Chinese contract” of the Rosneft. Our concern was quite natural: omnifarious maneuvering over that contract, along with a related 15-billion credit, has got (and is still getting) wide publicity.
The Rosneft guys were drawing up their defence on the basis of “Navalny is a bad boy, he calls us names”. They submitted scanned entries of this little cosy blog (with your comments, by the way), etc. All that only provoked laughter in the courtroom - especially, considering the fact, that our claim was sustained even by the Federal Financial Markets Service.
On April 13, however, judge Golovkina rendered her decision which amazed everyone: “Navalny’s claim is denied”.
There was a whole epic saga afterwards, in order to challenge judge Golovkina's reasoning (why was the claim denied, after all?). The entire decision was written a month (!) later, and we could receive it only after we filed a complaint to the Judges' Qualifications Board. The text of the decision is not yet published on the court’s site at the moment.
You may have a look at this remarkable document.
I see why judge Golovkina was ashamed to give it to us. Even amid the times, so challenging for justice, it was necessary to do everything possible to compel the “court decision-makers”, Mr and Ms Kalanda, to issue nonsense like this:
first: Navalny has read everything in the media already, that is why there’s no need to give him any documents;
second: he didn’t attend the shareholders’ meetings;
third: he has already published documents of various companies (in proof of this, the Rosneft presented printouts of my entries on the Transneft and the ESPO pipeline).
It’s Simply Clever!
Especially, regarding “didn’t attend the shareholders’ meetings”. There are over 100 thousand individual Rosneft shareholders. Only 300-400 of them come to the meetings. Are the rest “vexatious abusers?”
Lots of equity firms neither attend meetings, nor even vote. Is there something wrong with them, too?
The last Rosneft meeting was held in the city of Krasnodar, and before that, in St. Pete.
Am I supposed to follow the Rosneft in a travel trailer, wearing a Rosneft-brandname T-shirt, like rock stars’ fan squads?
The bona fide Rosneft, which, for some odd reasons, sells oil via the offshore Gunvor Co. owned by Gena “Gangrena” Timchenko, calls me vexatious because I don’t attend their meetings.
On that basis, they don’t need to have their documentation disclosed.
About the Gunvor.
About the Chinese contract.
About their queerly generous charity.
About their cosmic-scale investment programme spending.
All that is “a groundless Interest” of mine. "Keep your nose out of our business".
they know what they’re doing.
And the newly-apponted Rosneft head is standing guard over their interests.
(what’s his moniker among his buddies, I wonder? Bobrik?)
It goes without saying, we’ll fight this decision to the end.
The issue is not just the Rosneft crooks. If it becomes a regular fixture, then any shareholder of any company would be labeled vexatious on account of anything whatsoever.
Did not come to the meeting.
Did come, but didn’t take the floor.
Did take the floor, but not actively enough.
Spoke actively, but didn’t vote.
Criticised the company in the media and disclosed some data.
Put on a garish necktie.
Repeated the word “rather” too often.
According to the Interior Ministry, misused alcohol.
Does not participate in the pro-United Russia Party rallies, which means he/she doesn’t want this country’s revival, which means he's against the growth of a company's capitalization.
Originally posted by navalny on May. 28th, 2012 at 12:34 PM