OOO MEMO v. RUSSIA JUDGMENT
registered under Russian law which is devoted to the political and human
rights situation in the south of Russia, including the Volgograd Region.
6. In 2008 the executive authority of the Volgograd Region (“the
Administration of the Volgograd Region”), registered as a legal person in the
Unified State Register of Legal Persons, suspended the transfer of the funds
allocated as a subsidy to the Town of Volgograd in the amount of 5,294,000
Russian roubles (approximately 145,000 euros) for the reason that its budget
limit for subsidies had already been exceeded. It appears that the lawfulness
of the decision to suspend the transfer was widely discussed by the public in
the Volgograd Region.
II. IMPUGNED ARTICLE
7. On 1 July 2008 Kavkazskiy Uzel published an article written by its
correspondent, Mr Ya., on the basis of his interview with Mr S., an expert of
the Fund for the Development of Information Policy («Фонд развития
информационной политики»).
8. The article was titled “[Mr S]: the Mayor’s Office of Volgograd fell out
with the Administration of the Volgograd Region over a bus factory” and read
as follows:
“Interests of officials of the Administration of the Volgograd Region and of the
management of the Volzhanin bus factory could be the reason behind a financial
conflict between the Office of the Mayor of Volgograd and the Administration of the
Volgograd Region.
The above conclusion has been reached by an expert of the Fund for the Development
of Information Policy, Mr [S.], in his interview with a correspondent of Kavkazskiy
Uzel.
‘In my view, there are two main reasons for the financial conflict that stemmed from
the order of the Administration of the Volgograd Region to suspend allocation of
subsidies from the regional budget to the City of Volgograd. As you remember, the
amount totalled 5,294,000 roubles’, explained Mr [S.]. ‘Undoubtedly, the first reason
is a political one. It is linked to the [results] of the regional elections [of 2 March 2008].
The second reason is not widely known. It is of a purely economic character’.
Mr [S.] further stated that many officials of the Administration of the Volgograd
Region are ‘impresarios’ of the Volzhanin bus factory. According to him, the
Administration of the Volgograd Region gave a significant support to the bus factory
for opening of its branch in the Republic of Kabardino-Balkaria, which took place on
30 January 2008. ‘[The Governor of the Volgograd Region] himself attended the
opening ceremony’, noted the expert.
‘Recently the Mayor’s Office held an open call for tender to buy buses. The
Administration of the Volgograd Region lobbied the Volzhanin’s interests to win the
call for tender, but it was won by another company which offered buses, each of which
was almost 1,000,000 roubles cheaper [than the buses offered by the Volzhanin
factory]. The total budget saving was significant. It amounted to 35,000,000 roubles’,
said the expert.
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