Not cheap “Freedom of Speech”: Shuster extorted 2 million from Firtash in court
Kyiv, May 27 (Navigator, Alexander Puras) – Savik Shuster Studio LLC filed a claim with the economic court of the city of Kiev to collect penalties and fines from PJSC TV Channel Inter in the total amount of UAH 1. due to improper fulfillment of the terms of the contract for the creation of an audiovisual work.
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The claims are motivated by the fact that, under the terms of the contract, Savik Shuster Studio LLC is obliged, within a certain period of time and at the request of the TV channel, to produce the Shuster LIVE program and transfer them to Inter, and the latter is obliged to pay the team of journalists remuneration for the programs created and received . In the fourth quarter of 2013, the total number of episodes of the Shuster LIVE program that were created and broadcast to Inter was 14 programs.
Taking into account the provision of the agreement, the TV channel had to transfer the remuneration until December 16.12.2013, 31.01.2014, but the debt was paid in four tranches, and the last payment took place on January XNUMX, XNUMX. For the delay in fulfilling the obligation, Savik Shuster Studio LLC asks the court to recover from PJSC TV Channel INTER ” penalties and fines specified in the contract.
The representative of the TV channel did not agree with the claims at the court hearing, citing the fact that the journalists had to create 15 programs, and filed a motion with the court to postpone the consideration of the case due to the intention to file a counterclaim. The court rejected the petition and began to consider the case on its merits.
During the court hearing, it was established that for each individual release of the program created, the customer pays the contractor a remuneration in the amount of 333 UAH, in addition, VAT 041,67% - 20 UAH, and a total of 66 UAH, which is equivalent to 608,33 US dollars at the rate of the National Bank of Ukraine. The customer pays the contractor a remuneration for the creation of each episode of the program, regardless of its use by the customer on air on his TV channel. Unilateral unfounded refusal to accept the program and pay remuneration to the performer is not allowed. The court found that during three quarters of 399 the parties fulfilled their contractual obligations properly and in accordance with the terms of the contract. Arguing about the need to produce 650 episodes of the program, the representative of the TV channel referred to the inappropriate fulfillment by journalists of their obligations under the contract.
At the same time, the court did not take into account the relevant comments of PJSC “TV Channel “INTER” due to the fact that it signed acts for a total amount of UAH 5 without comments, and did not contact journalists with the requirement to produce and broadcast the fifteenth episode of the program.
The court concluded that the contractual obligations were properly fulfilled, and PJSC TV Channel INTER accepted the work performed by Savik Shuster Studio LLC.
On May 19.05.2014, 01054, the claim was satisfied - the court decided to recover from PJSC TV Channel Inter (30, metro Kiev, Dmitrivska St., 01004) from any account discovered by the state executor during the execution of the court decision, in the interests of Savik Shuster LLC Studio" (legal address: 18, Kiev, Kropyvnytskyi str., 34, office 56) 712,3 UAH. fines; 1 898 118 UAH. fine and 75 UAH court fee, and a total of 39 UAH. 096 kopecks
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