TransIT

TransIT is the founder Universum company. Her main co-owner - Vadim Moskalenko, the former deputy of Alexey Illarionov in 2005-2015 directing informatization of the Russian Railway. A key customer TransIT in 2015-2016 was the Russian Railway. Among the largest projects which executed TransIT, – development of the system of sale of tickets "Express-5" and support of a management system for labor resources based on SAP HR.

History

2017

Employee benefits after criminal proceedings

After criminal proceedings under the article about nonpayment of salaries, TransIT began to pay off debts to former employees, TAdviser in June, 2017 one of applicants in law enforcement agencies, the ex-employee of the company Roman Galeyev told (detailed history of claims of employees and criminal case - is lower in article). Criminal case is processed by Petty-bourgeois interdistrict prosecutor's office of Moscow.

Wage arrears were paid off to Galeyev and also to some other former employees which submitted mass petitions to the Main Investigation Department of the Investigative Committee of the Russian Federation across Moscow and Petty-bourgeois interdistrict prosecutor's office of Moscow.

TransIT was engaged in development and support of large IT systems of the Russian Railway (a photo source - Business St. Petersburg)

Partially debts were paid off from the account TransIT in Promsvyazbank on which money arrived after criminal case was brought, Galeyev told. The arrived funds were automatically allocated by that to former employees which in this bank had writs of execution on decisions of the courts.

Part of debt was listed through FSSP where there was a summary resolution on collecting. At the same time, as of June not all employees who were in summary production received outstanding debts.

In addition to the appeal to courts and law enforcement agencies concerning nonpayments of salaries, the application for recognition TransIT by the bankrupt was submitted earlier to court. His initiator - the former employee of the company Elena Hachina who at the time of trials about TransIT does not live in Russia.

In parallel, in May, the application for recognition TransIT by the bankrupt was submitted by Inspectorate of the Federal Tax Service No. 8 for Moscow. Information on it contains in a card file of arbitration court. It was accepted court and should be considered after consideration of the application in a similar occasion from Elena Hachina comes to the end.

Criminal case in connection with nonpayment of salaries

At the beginning of May, 2017 the Petty-bourgeois interdistrict prosecutor's office of Moscow reported on conducting check according to addresses of ex-workers TransIT in connection with nonpayment of the salaries^[1] by it^[2]. Following the results the Petty-bourgeois interdistrict investigative department of SU of TSAO GS of the Investigative Committee of the Russian Federation of Moscow brought criminal case on signs of corpus delicti according to Part 2 of Article 145.1 of the Criminal Code of the Russian Federation (nonpayment over two months of the salary).

The prosecutor's office established that from May, 2016 till April, 2017 the employer owed to 283 employees over 40 million rubles. At the same time, the analysis of accounting documents showed that money which was spent for economic and production needs came to this period on checking accounts of the organization. Measures to debt repayment for the salary were not taken by the management of the enterprise, note in prosecutor's office.

In addition to criminal case, in the relation TransIT and its CEOs two proceedings about the administrative offense provided by Part 1 of Article 5.27 (violation of the labor law and other regulatory legal acts containing regulations of the labor law) of the Code of the Russian Federation on Administrative Offences were initiated.

The prosecutor's office says that perpetrators are brought to the administrative responsibility in the form of penalties by resolutions of State inspectorate of work for Moscow. To the head of the organization representation is also entered.

Investigation of criminal case and the actual debt repayment are controlled by prosecutor's office.

In parallel with prosecutor's office criminal proceedings upon nonpayment of salary to workers TransIT was announced by the Main Investigation Department of the Investigative Committee of the Russian Federation on the city of Moscow^[3].

According to the investigators, from May 1 to August 1, 2016 "unidentified persons from among the management TransIT in defiance of requirements of the Constitution of the Russian Federation, the labor law and conditions, employment contracts concluded with employees of the specified legal entity, in the presence of a financial opportunity completely did not pay salary. The outstanding amount before more than 4 employees of the organization made over 500 thousand rubles.

As of May the complex of investigative actions and investigation and search operations for establishment of all circumstances of the committed crime and the persons involved in it is carried out.

Employees demand bankruptcy of the company and salary payment

As TAdviser knew, in March and April, 2017 eight former employees TransIT filed to law enforcement agencies petitions on signs of crime under the Article 145.1 of the Criminal Code of the Russian Federation regarding nonpayment of the salary to the employees over two months.

Three applications were submitted to the Main Investigation Department of the Investigative Committee of the Russian Federation across Moscow: from Roman Galeyev working in TransIT as the chief specialist of support of sales and two mass petitions.

One of former employees TransIT and applicants - Roman Galeyev

One mass petition is submitted from Lyudmila Abramova directing in TransIT group of software development, Mikhail Larin - the ex-project manager, and two former consultants - Victoria Eremina and Sergey Krivenkov.

The second mass petition was submitted by Anna Starshinova holding a position of the expert in solutions in the company and Alexey Vatolin, the former sales manager TransIT.

One more former employee TransIT - Vladislav Mendelevich working in the company as the expert submitted the application to prosecutor's office. According to him, in prosecutor's office were going to transport it to Investigative Committee.

Starshinova, Galeyev and Vatolin appealed to the prosecutor's office, in addition to filing of application in the Main Investigation Department of the Investigative Committee of the Russian Federation across Moscow too.

The cumulative required volume of payments on eight employees who left at different times in 2016 is about 1.7 million rubles.

Applicants to whom TAdviser communicated, say that to the appeal to law enforcement agencies they already took legal action with civil actions about salary payment and also the promised awards and a vacation pay, and these claims were satisfied. However it was not succeeded to receive the due money through judicial writs of execution because on bank accounts TransIT there were no enough means.

At the same time, applicants are sure that enough money came to the company to repay the debts to employees on salaries.

In addition to the article of the Criminal Code of the Russian Federation on nonpayment of salaries, former employees also ask law enforcement agencies to consider the possibility of initiation of proceedings against the management TransIT under the Articles 201 of the Criminal Code of the Russian Federation (abuse of authority) and 315 Criminal Code of the Russian Federation (non-execution of the court verdict, court's decision or other judicial act).

One more former employee – Elena Hachina working in TransIT in St. Petersburg as the programmer filed a lawsuit the statement for bankruptcy of the company. As co-plaintiffs also Anna Starshinova and Roman Galeyev joined this case.

In 2015 became effective the changes in the legislation on bankruptcy granting the right to workers, including former one by one and collectively to submit applications for recognition of the employer by the bankrupt. For this purpose the become effective court's decision which confirms the fact of debt of the employer on the salary is necessary.

In certain cases such method can be more powerful argument for benefit of salary payment, than involvement of the head of the organization to criminal liability. For example, in case the last is not her final beneficiary, and only follows instructions of its owners.

Insolvency proceeding is capable to complicate seriously normal functioning of business, to hurt reputation of the organization, and it can become to pay off an incentive for owners wage arrears. However, apparently, the case TransIT does not concern like those as at the time of submission of the claim for bankruptcy the company already normally does not function.

Roman Galeyev told TAdviser that in April, 2016 TransIT moved from the main office on Kalanchevskaya Street to business center "Nov" where stayed till fall. From this business center in April, 2017 to TransIT the claim also arrived - the company owed it more than 2.7 million rubles. Phone specified on the website TransIT does not work.

Applicants to whom TAdviser communicated, claim that it is more ex-employees to whom ran into debt TransIT and, respectively, the total amount of debts of the company is higher, but not all reached the appeal to law enforcement agencies.

According to TransIT, as of the end of July, 2016 the total debt on salary before the staff of the company made more than 43 million rubles (follows from documents which TAdviser studied). Total number of personnel to which the company at that time ran into debt former employees TransIT to which TAdviser communicated, found it difficult to call.

According to base " circuit.focus ", as of April 24, 2017 in the relation TransIT enforcement proceedings for the total amount more than 11 million rubles, from them on salary - for the amount of 7.9 million rubles, on taxes and fees - 3.3 million rubles are open.

According to former employees, some ex-colleague managed to receive the due amounts without courts and appeals to bodies, some – by court's decisions.

Two ex-employees applicants say that the management TransIT suggested employees to sign settlement agreements, promising debt repayment and compensation, and some agreed to it. However, applicants claim, obligations under the signed settlement agreements from the company were fulfilled only partially.

In total for spring of 2016, by data TransIT, in the company about 280 people worked. Divisions in Moscow and St. Petersburg were the largest.

In Moscow there was a sales department, accounting and personnel officers and also the large department which was engaged in support of SAP HR in the Russian Railway. In St. Petersburg there was a programming team, "Express-5 which were engaged in system development. Also at TransIT there were branches in Novosibirsk, Irkutsk, Krasnoyarsk, Yaroslavl.

In July, 2016 Universum, being the founder TransIT, acted as the cofounder of one more company - Kibernetikum. Former employees say that a number of employees, on the basis of communication with the management, was calculated after dismissal from TransIT to pass in Kibernetikum, but it did not occur.

The CEO TransIT Andrey Mikhaylov by phone refused comments. Vadim Moskalenko, the CEO and the cofounder of Universum company, did not react to requests of comments of TAdviser.

2015-2016

Migration of staff of OCVR in TransIT and back

Former employees TransIT say that in 2015 the Moscow department of management systems of personnel which was engaged in support of a management system for labor resources based on SAP HR in the Russian Railway turned into its structure from the belonging Russian Railway of OCVR company.

Also to TransIT regional branches of OCVR in Irkutsk, Novosibirsk and St. Petersburg joined. The service contracts of support of a management system for labor resources issued at that time between OCVR and the Russian Railway were renewed on TransIT, approve former employees to which TAdviser, including the employee who appeared among translated communicated.

Afterwards between the companies there were disagreements, and in 2016 against the background of the financial difficulties formed at TransIT the migrating employees removed back to OCVR.

The official letter signed by the Deputy CEO for personnel V.A. Pliner was sent to again accepted staff of OCVR in August, 2016 (TAdviser studied the copy of the letter). In it it is told about disagreements between the companies and also it is reported that by agreement with the management TransIT of OCVR transferred into accounts of this company the amount sufficient for calculation at dismissal of employees and payments of compensation for unused holidays and awarding at the end of 2015.

However these funds were not in full allocated for employee benefits TransIT, and spent in the purposes unknown to OCVR, the letter says.

In April, 2017 the CEO of OCVR Denis Troshanov explained TAdviser of the reason of migration. He noted that the TransIT private company really was a contractor on development of a number of systems for the Russian Railway. Contracts for several hundred millions of rubles were signed.

For transfer of necessary competences heads of the relevant divisions and companies in 2014-2015 transferred more than 200 workers from OCVR to TransIT. In 2016 the management of the Russian Railway made the decision on return of competences in holding – in its subsidiary company OCVR. Because contracts about TransIT were not prolonged, transition to OCVR was offered the workers occupied in development of systems of the Russian Railway. Most of them accepted the offer. They successfully work in holding till present, - Troshanov told TAdviser.

The CEO of OCVR added that all payments according to agreements and the performed works on all contracts existing about TransIT were made in full, sufficient for salary payment.

Debt before TransIT from the Russian Railway or OCVR is absent. Perhaps, owners and the actual heads TransIT did not repay the available debts to personnel, as led to legal claims, letters and complaints from former employees of this company. All workers both who came back to OCVR, and refused transition suffered from actions of heads TransIT, - Denis Troshanov told.

"Boom" and recession of contacts with the Russian Railway

According to base " circuit.focus ", till 2015 did not conclude TransIT of government contracts. In 2015 at it the flow of agreements with the Russian Railway went. In total between the Russian Railway and TransIT that year 16 contracts for total amount about 349 million rubles were signed.

Revenue at the end of 2015 reached 459.3 million rubles, having increased more than twice in relation to previous year.

Development of an automated system of sales of tickets for the trains "Express-5" (in more detail about this project) became the largest project. The volume of this contract was about 112 million rubles (in April, 2017 the Chief information officer of the Russian Railway Evgeny Charkin appointed to this post in December, 2015 reported to TAdviser that are engaged in development of a system of sales of tickets in VNIIZhT and OCVR).

TransIT developed one of the key systems of the Russian Railway - "Express-5"

The company began to perform works on contracts with the Russian Railway after the co-owner TransIT through Universum company became Vadim Moskalenko till February, 2015 working as the Deputy Chief information officer of the Russian Railway Alexey Illarionov.

On Moskalenko's page in LinkedIn social network since March, 2015 his position is specified as the chairman of the board of directors TransIT.

In addition to the relations "customer contractor" between the Russian Railway and TransIT there was also a physical proximity. The office "TransIT" located in Moscow in the building at the address Kalanchevskaya St., 13. The similar address is specified as actual at Department of informatization of the Russian Railway. In the same building there is also an office OCVR.

Alexey Illarionov left the Russian Railway in November, 2015. After its leaving number and volume of government contracts TransIT and the Russian Railway declined. According to base " circuit.focus ", in 2016 only 5 government contracts were concluded with the Russian Railway and its structures for the total amount about 22 million rubles already.

According to ex-employees TransIT, in 2016, after dismissal from the Russian Railway, Alexey Illarionov took part in activity of the company what working correspondence testifies to.

In April, 2017 TAdviser wrote to Illarionov the letter with questions of a situation to TransIT. He in reply reported that he has no relation to this company, and earlier interacted with it in a number of projects for the Russian Railway, also as well as with other developers.

After leaving the Russian Railway after a while Illarionov got a job in VNIIEF.

2011-2014

TransIT was formed in 2011. According to base " circuit.focus ", in 2011 the company did not receive revenue. In 2012 revenue made 2 million rubles, in 2014 – 218 million rubles.

Notes