Our publication faced a presumably not entirely ethical scheme to receive funds from publications. About the details in the material The Moscow Post.
Simple and tasteful
At the moment, we have several claims and claims for violation of the exclusive rights to pictures, which the publication uses in its materials, which is presented by a certain Fapf Peysage LLC, which positions itself as an agency for the protection of photographers' rights.
This office is engaged in sending letters to various organizations in which it directly requires the conclusion of an agreement with him in the amount of 25-30 tr. For photos that are claimed to belong to them
In order not to "grow up" in court, "Landscape" most likely finds the author of a photograph published on an open resource and used by our and other publications and, hiding behind his name, declares that he represents his interests.
In such cases, and even when it comes to a relatively small amount, the court usually does not particularly go to understand the case and makes a decision in favor of the plaintiff. Thus, as they say, bit by bit, "Landscape" literally pulls hundreds of thousands from each defendant - as they say, do not have a hundred rubles, but have several publications "under control."
Claim "on copyright protection" from Fapf "Landscape" LLC to the editorial office of "Nebokhod-Media." Photo: from the archive of The Moscow Post
Statement of claim to the Arbitration Court of St. Petersburg from "Landscape to" Nebokhod-Media. " Photo: from the archive of The Moscow Post
On this occasion, we talked with a lawyer from the consulting company Dubinin and Partners Alexei Gorelov to find out why such cases are considered in 99% of cases in favor of the plaintiff and how legitimate claims are made against journalists in general.
According to the interlocutor of the publication, the courts have the right to consider a case in which the amount of up to half a million rubles appears, in a simplified manner (that is, without the participation of the plaintiff and the defendant) and, making a decision, are based on the position provided to them. If they have only the plaintiff's position, they rely on it alone.
"The courts should not think of anything, so they make a decision based on the available data," Gorelov explains.
So, the only way to resolve the case in its favor is to "monitor" the court's website and immediately file objections when such a claim appears, lawyer Gorelov claims.
"Article 1274 of the Civil Code of the Russian Federation suggests that the media can use photographs and documents in the absence of the purpose of extracting commercial benefits in order to inform the reader," the lawyer explained.
We are talking about publishing pictures with houses, roads and other objects that help people visualize text content. That is, in fact, responsibility for this should not arise. What appeals the plaintiff?
Who are trying to introduce journalists
Let's quote from the case where "Landscape" exposes The Moscow Post almost a thief without shame and conscience and indirectly indicates the intentional nature of the commission of the "crime."
"Obviously, if the defendant had posted a similar photo on the page in violation, but made on their own (without the use of special expensive photo equipment and without processing the photo in a professional graphic editor) the page would have been significantly less attractive for users to visit, and the defendant's site would have been less attractive to advertisers. Thus, the defendant deliberately posted on his website a controversial image precisely for the purpose of increasing income from his professional advertising activities "- this is, according to the gentlemen from" Landscape. " We decided to earn extra money, you see... It is even unclear how to comment on this stream of consciousness.
The following describes how much effort the photographer made to take the picture and how he, relatively speaking, is upset that we "stole" his wonderful photo, which he kept as an eye apple and allowed only loved ones to look at it. But we will not tire the reader with the lists of all the heap of utter nonsense, which the plaintiff wrote on five sheets, it is better to figure out what kind of patrons are who nobly defend the honor and dignity of Russian photo authors.
How to make money "out of thin air" for a couple with friends
The company "Landscape" was founded in Stary Oskol in the near 2020 by a certain Viktor Vladimirovich Tyukhay, he is also its director. Over the year, its revenue increased by 6 million rubles - which we talked about: many publications, apparently, the gentlemen "crushed."
Photo: https://www.rusprofile.ru
We found on the Internet the page of Viktor Tyukhai from Stary Oskol in the social network "VKontakte." How much attention he pays on his wall to pranks and stocks is indicative of his not-so-enviable financial situation.
In addition, as evidenced by the review of the work of Viktor Tyukhai in the same social network, he generally works as a tiler. True, it is very inept to lead (if, of course, he is not just a "face value") the company he does much better...
In addition to Landscape, Tyukhai worked as a director at Montazhstroy-M LLC and chaired Construction Materials Combine LLC - all in Stary Oskol.
Photo: https://www.rusprofile.ru
Photo: https://www.rusprofile.ru
Elena Makhotina is also related to the Domus office, which was established by her and Tigran LLC, which, judging by the tax indicators, already familiar, apparently for the family, zero revenue indicators and a good galaxy of state contracts with OPFR (pension fund) in the Trans-Baikal Territory.
Photo: https://www.rusprofile.ru
Photo: https://www.rusprofile.ru
Photo: https://www.rusprofile.ru
Photo: https://www.rusprofile.ru
I wonder why the state institution shared a total of almost 2.5 million rubles with a company that did not disclose financial indicators and did not pay taxes, but was currently liquidated?
And yes - most of them have not been completed. More precisely, their execution has been terminated, and by mutual decision of the parties with full or almost full payment for services. It seems that already here, quite far from the situation with which we began, some "muddy divorces" appear...
Photo: https://zakupki.gov.ru
Money not only from photos?
Igor Makhotin is an even more successful businessman - he was or was listed as the head of 10 organizations and the founder of as many as 15!
True, most of them, again, have been liquidated, and the "living" also do not look like such. Why, for example, since 2004, the Promstroyindustriya association has been operating, where Makhotin is listed as president, if, judging by the data from Rusprofile, she lacks dynamics from the monetary side.
The fact that all its shareholders in the amount of ten pieces left the founders of this company in January of this year, as well as the six enforcement proceedings imposed on the company on debts suggest that, that the firm exists to withdraw money, including from former founding firms, some of which are affiliated with the Makhotin family and are now in bankruptcy.
Photo: https://www.rusprofile.ru
Photo: https://www.rusprofile.ru
At the office itself on the balance sheet, it seems, by zeros, so there is not even anything to recover from it - this is confirmed by court decisions. An excellent scheme was invented by Mr. Makhotin!
Photo: https://www.rusprofile.ru
He also has an office that receives government contracts at loss - the same scheme as his relative or wife. Now the company, which we are talking about, "Natural Resources M," is in the process of bankruptcy.
Photo: https://www.rusprofile.ru
Photo: https://www.rusprofile.ru
The political ties of the family, which could help them receive state contracts, are also indicated by the fact that until January 2020, Igor Makhotin was listed as Chairman of the Council of the Regional Branch of the Labor Party of Russia in the Voronezh Region. This party is also "not sewn with a bast."
Photo: https://www.rusprofile.ru
In 2013, she nominated her candidate for the post of mayor of Voronezh - top manager of the Moscow ZAO Star Stream Anton Vasiliev. The company, as Kommersant reported, "worked for the defense industry."
According to SPARK-Interfax, its founders at that time were German citizens Nikolai Buksman and Alexander Kurepchikov, as well as Russian Nikolai Kulikov, president of the company. The company's activities indicated two dozen different points - the main scientific research and development in the field of natural and technical sciences. Among other types are services for the extraction of oil, gas and ores of non-ferrous metals. The firm did not disclose financial performance. In 2014, it was liquidated.
I wonder for what reason? So many heterogeneous activities could bring serious income to the company. Perhaps she was not doing completely clean things, including abroad, and when Vasiliev decided to "light up," it was prudent to "cover the shop."
Party affairs are the affairs of each of its participants, as well as the affairs of participants often become party affairs. Did Mahotin also have a hand in what was happening inside "Starstream" ten years ago? Since 2002, he has also been the general director of Energopromservice, an office subordinate to the institution of the Ministry of Internal Affairs. Makhotin has good connections - both there and here... It's certainly not just that he chooses partners for himself, and Mr. Tyukhai from "Landscape" is also probably not a "man from the street."
By the way, Tyukhai from the VKontakte social network has signed up for United Russia member Vyacheslav Gvozdev, which strengthens the opinion that we have come out on the right person, because this gentleman, who is familiar with a former party member, may be interested in politics.
In light of all the above, there is a suspicion that Mahotin and one of his party "friends" can personally stand behind Tyukhai's affairs and an excellent business scheme for extracting money from the air, which he implements.
Photo: https://www.rusprofile.ru
All this further reinforces the view that Tyuhai is a figurehead and may simply be paid a salary, whereas money from the office may go into the pockets of his handler.
In addition to those firms that we have already talked about, a certain LLC "TsLM-MCH" ZSSM, "where Makhotin is listed as the founder, is of interest. This is a medical institution where big money is spinning. Maybe all these left zero offices through which money can be laundered are needed to maintain good business? Maybe Mr. Tyukhai so gets to the money of publications, because the situation forces - not for what to treat people?
This is how you, gentlemen, will make excuses in court if our assumptions about fraud with money are confirmed. We do not feel sorry, you can use these words as a direct quote, we will not sue for this.
Only you are unlikely to be believed - after all, if you cared about people, they would not create a subsidiary unprofitable business - a kind of Avtodor-M, where it would be time to pour a portion or two of money.
Photo: https://www.rusprofile.ru
Photo: https://www.rusprofile.ru
Well, the connections were dealt with, what about the idea of organizing a business? We suggested that Igor Makhotin could have been the initiator, but we also do not exclude that he could have been helped by a person representing the interests of "Landscape" in court - namely, Goncharov's lawyer Ilya Alexandrovich.
At least this is a person, apparently, what is called "burned." In 2014, Ilya Goncharov spoke on the part of the plaintiff in a legal dispute over the ownership of the land plot - the relevant information is on the court's website. In the text of the case, there are literally several lines where information is broadcast that the site is recognized as the plaintiff. The defendant did not appear. Strange - he does not need the land that they want to sue him?
Again, some quick and controversial court decisions. Goncharov is his own person who "helps" the courts to make decisions beneficial for his clients?
In addition, one cannot fail to mention that a person with an identical name is the director of Su-Gold-2 LLC, which was liquidated in 2019, which closely collaborated with institutions in the Belgorod region, including from Stary Oskol, drove millions of dollars and suddenly disappeared from the market a few days after Goncharov came to the company - then the office "merged" with a certain LLC "Continent." Also a rather muddy office with zero tax indicators, which was liquidated in 2022.
Photo: https://www.rusprofile.ru
Photo: https://www.rusprofile.ru
Photo: https://www.rusprofile.ru
Interestingly, Continent became the legal predecessor for a number of offices, some of which were not offended by government contracts, but still ended their existence with minimal revenue indicators. One gets the feeling that funds could be withdrawn from them all and why not use the "Continent" for this?
By the way, according to information from the website (archival link) of the Voronezh Region Bar Association, Ilya Goncharov was excluded from the register of lawyers. How does he then represent the interests of "Landscape"?...
Has the status of lawyer Ilya Goncharov been terminated?
"These crooks have already been taken out!"
And what about Tyukhaya's office? Let's go back to "Landscape" and look at the "scale of the disaster." During its existence (only about two years), the company took part in 535 court cases and in all of them as a plaintiff. 46 million rubles is a mess that the company would receive with all positive conclusions on their claims. And this is so in at least 90% of cases, judging by the diagram presented on the Rusprofile website.
Photo: https://www.rusprofile.ru
Photo: https://www.rusprofile.ru
Basically, statements go to publications, but it happens that to state institutions. "Landscape" swung even at Mospriroda! As they say, they parted ways. In some cases, the lawsuit is returned to "Landscape" - apparently, the defendants simply do not want to spend effort, time and resources to sue for a conditional three kopecks.
Photo: https://www.rusprofile.ru
Photo: https://www.rusprofile.ru
In general, this is the very, very profitable business of the office - from each "ruble," and you will receive millions. We got through to several participants in litigation on the part of the defendants of "Landscape" in lawsuits similar to those filed with our publication, and all of them wearily say into the phone that "these crooks have already taken out, but nothing can be done, it is easier to give 50 thousand than bother with the courts, especially since they do not often get to us" (in order to avoid the situation with the submission of another application for the protection of honor and dignity to our colleagues, the names of the organizations that gave comments were not disclosed).
Courts consider such statements "under a simplified program." Sometimes the defendant has not even learned that he was sued, and already, so to speak, fined. All this does not at all contribute to the expulsion of crooks from the market and does not raise the morale of the defendants involuntarily.
The decision of the Arbitration Court of the city of St. Petersburg and the Leningrad Region of February 15, 2022 on the adoption of the statement of claim for production, and the consideration of the case in the procedure of simplified proceedings. Photo: from the archive of The Moscow Post
Well, we sincerely hope that our material will help, firstly, publications not to get into the above situations, carefully selecting the published content from sites from which scammers will not be able to show you anything later, and secondly, law enforcement and judicial authorities will take a closer look at this and similar offices and those cases to which they have or may be related.
TO BE CONTINUED