ElitExpert continues to follow the conflict in the Odesa regional branch of the Chamber of Commerce, where on September 12 the change of management. The former president of ORTPP, Serhii Shuvalov, who headed it since 1998, was removed from his post at an extraordinary general meeting. His place was taken by Mykola Kryklyvy, a long-time vice-rector of ONYUA and a former deputy of the Odesa City Council.
However, the leadership of the Chamber of Commerce and Industry of Ukraine considers the holding of general meetings and the election of Mykola Kryklyvy to be illegitimate. On this occasion, the commission of the Chamber of Commerce and Industry of Ukraine, under the leadership of the first vice-president of the Chamber of Commerce and Industry Mykhailo Nepran, held a meeting in Odesa meeting with members of the chamber and appointed the general meeting of the Odessa Chamber for November 27 of this year.
Today, the situation is not resolved, as each side has "its own truth".
So November 12 took place a press conference in Odesa, at which Mykola Kryklyvy, who considers himself the legally elected president of the Odesa Regional Chamber of Commerce and Industry, noted that the powers of the Chamber and the governing bodies of Odesa RTPP expired on December 13, 2023.
"According to the statute, 1/3 of the members of the chamber initiated a general meeting, and at the beginning of the election there were 179 of them, held this meeting and elected a new leadership." - told Mykola Kryklyvy.
He added that the central management of TPPU does not allow the Odesa Chamber to work properly and has disconnected it from the possibility of providing services to entrepreneurs of the region.
Also, Mykola Kryklyvyi said that after his registration as the head of the Odesa RTPP, the former head of the chamber Shuvalov and other department heads wrote a complaint to the Ministry of Justice to the Anti-Raiders Commission, whose meeting on this issue was held on November 7.
"On November 7, a meeting of the Anti-Raider Commission was held at the Ministry of Justice, and all our actions were recognized as legal. The anti-raider commission fully confirms the legitimacy of the decisions and the democratic nature of the meeting on the selection of the governing bodies of the Odessa Chamber." Mykola Kryklyvy noted.
When asked by journalists about the legitimacy of the meeting and his election as the head of the Odesa RTPP, Mykola Kryklyvy said that the charter of the Odesa Regional Chamber of Commerce and Industry states that meetings are convened once every 5 years. "They are convened by the council, the president or the presidium of the chamber. If the governing bodies do not fulfill their functional statutory duties, then the statute states that one-third of the members of the chamber can do it, which was done."
We also turned to the Chamber of Commerce and Industry of Ukraine for a comment on the decision of the Anti-Raider Commission of the Ministry of Justice
The first vice-president of the TPPU Mykhailo Nepran noted that the Anti-Raiders Commission of the Ministry of Justice does not make decisions on the legality or illegality of decisions made by the chamber, it only evaluates the actions of registrars and notaries.
Regarding the legitimacy of the new leadership of the Odesa RTPP, Mykhailo Nepran said that from his point of view, there is a lot of manipulation and unreliable information in this situation.
"After Mr. Kryklyvy submitted a package of documents to us, we handed it over to the legal company that accompanies the Chamber's work for analysis and verification. After the inspection, the lawyers noted that the meetings were held with violations, and it is also unclear who, where and when they were held. This conclusion and documents were reviewed by the presidium of the chamber and, based on the conclusion of an independent legal examination, a decision was made to recognize these meetings and the new leadership of the Odessa Chamber as illegitimate." Mykhailo Nepran told us.
He also added that Mykola Kryklyvy was asked by the chamber to provide additional arguments to the legal company that analyzed the package of documents submitted by him about his election, but the dialogue never took place.
When asked about disconnection of the Odesa Chamber from the document circulation system, Mykhailo Nepran said that currently the entrepreneurs of the region receive all the necessary documents in working order.
"On the one hand, they point out their legality and legitimacy, on the other hand, they do not provide sufficient legal grounds for this. Therefore, a decision was made to disconnect the Odesa Chamber office from the service system. However, this did not in any way affect the work of entrepreneurs and the speed with which they received the necessary documents from the TPPU. In the ports of Reni, Chornomorsk, Izmail and Odesa, all work without restrictions. We sent additional specialists from the Kherson and Poltava regions, and all business work is currently stable, especially since most of the document flow is online."Mykhailo Nepran noted.
What are the conflict resolution options?
In order to find a way out of this situation, the TPPU decided to hold a general meeting of the Odesa Chamber, which should be held on November 27 this year.
"We want to conduct everything as openly as possible and in accordance with the statute in order to put an end to this situation and continue working. As far as I know, there are already several applicants for the position of the head of the Odesa RTPP. In addition, Mykola Kryklyvy can also participate in these meetings and nominate his candidacy." - summarized Mykhailo Nepran.
