Vadim Cherny died in 2020. Since then, articles have often appeared in the media about how relatives allegedly robbed his widow, and raiders seized the property of a public organization of an Odessa businessman. Mutual reproaches and threats are pouring in from all sides. Even we, investigative journalists who became interested in this complex topic, were accused of bias and spreading fake news after publishing several articles. We decided to look deeper into this situation in order to find out exactly what kind of inheritance Cherny left behind and who it came to belong to. Therefore, first of all, we turned to his relatives for comments.
ARGUMENTS OF RELATIVES
The inheritance in question (a pair of Odessa hotels, apartments, shopping centers and other commercial real estate) is estimated at more than 130 million hryvnia and is on the balance sheet of several legal entities created at different times by Vadim Cherny.
Here is a list of these organizations at the time of the businessman’s death:
1. Private enterprise “Dagda-2013”
2. Limited Liability Company "Ashram"
3. Limited Liability Company "Basari"
4. Subsidiary enterprise "Compromise"
5. Public organization “Center for the Protection of Disabled People”
6. Subsidiary enterprise "Galatea"
According to the widow, Valeria Heads confusion with this property and the companies to which it was registered began during Vadim’s lifetime. Allegedly, back in December 2016, the private enterprise "Dagda-2013", in which he was a co-founder, "fictitiously" sold to the public organization "Center for the Protection of Disabled Persons" the corporate rights of several of its objects - the limited liability company "Basari" (transaction amount - 129 million 670 UAH) and the subsidiary Kompromiss (transaction amount - 749 million 1 UAH).
Payment was supposed to be made within a month from the moment the documents were signed, but until 2021, the funds under these agreements were not paid. Valeria Golova claims that, being the wife of Vadim Cherny, she did not even consent to the conclusion of these agreements.
And, since, according to her, the NGO “Center for the Protection of Disabled Persons” did not fulfill its obligations to pay the cost of corporate rights, as provided for by the contractual terms, in fact, the purchase and sale agreements for corporate rights were torn up, and the rights to the property of “Basari” and “Compromise” "remained with Dagda-2013.
Valeria Golova also insists that the additional agreements to the above contracts found as a result of investigative actions in 2021 were forged after the death of Vadim Cherny, as the ordered examination showed.
It should be noted that according to these additional agreements found, the sale of corporate rights was still completed - but for amounts one hundred times less (in particular, the corporate rights of Basari LLC from 129 million 670 749 UAH were reduced to 12 967 UAH )!
In turn, the brother of the deceased Arkady Cherny, whom some media outlets accuse of illegally taking possession of the ill-fated inheritance, claims that everything that Vadim Cherny owned was quite legally registered with the NGO “Center for the Protection of Disabled People.”
“When Vadim left, there were four founders left in CZI: his mother E. Glikberg, brother A. Cherny, relative L. Sirota and assistant S. Durach. At the first general meeting of the NGO, after his death, they elected me as a director and included Valeria Golova among the founders of the organization.» , – said Arkady Cherny. According to him, Vadim Cherny’s assistant Sergei Durach, who was also a co-founder of the NGO “Center for the Protection of Disabled Persons,” created a scandal at this meeting, indignant that he was not elected director of the organization.
In general, the founders of the CZI took the position that everything that the public organization owns should go to the legal heirs of Vadim Cherny.
“I am not the owner of this property,” says the brother of the deceased, – my executive role is to ensure the functioning of the public organization to which it belongs. The further fate of the legacy should be determined by the direct relatives of the deceased - Vadim’s mother, wife and children. But in connection with the raider seizure of the property of the NGO “CZI” that took place in 2021, I now have to fight the raiders in order to restore justice.”
POSITION OF LAWYERS
Lawyers in inheritance cases, whom we contacted for clarification, also confirmed that corporate rights to property belong to Vadim Cherny’s public organization “Center for the Protection of Disabled People.”
Where then did the long property dispute and accusations of raiding come from?
Lawyer of the NGO "Center for the Protection of Disabled Persons" Alexander Berezhnoy believes that the reason for the dispute lies in the desire of some third parties to take away the corporate rights to his organization from Cherney’s legal heirs.
According to the lawyer, Valeria Golova’s statement that the purchase and sale agreements for corporate rights were terminated is false, since the agreement can be considered terminated only with the consent of the parties or by a court decision. “We affirm that all obligations under the 2016 contracts have been fulfilled, and now the Economic Court of Odessa is considering cases that should finally close these issues,” says Berezhnoy.
Was there a boy?
As we see, the main stumbling block that divided the heirs of Vadim Cherny was the formal agreement between their own enterprises, drawn up by the businessman several years before his death. The certificate provided to us by representatives of Valeria Golova and Sergei Durach focuses on “fictitious signatures and forged documents”:
However, the second party also claims that in March 2021, the theft of original documents and computers was committed from the office of the NGO “CZI”.
“A criminal case has been opened on this fact, and, according to eyewitnesses, Sergei Durach personally took part in the theft,” - say the organization's lawyers.
As for the additional agreement to the contract mentioned by Golova, Berezhnaya’s lawyer claims that it previously appeared in the case in the form of a copy, and the original was found only recently, after which the investigation declared it a fake and accused the public organization of falsifying documents.
“The facts indicate that this document, indeed, is false, could have been illegally planted in the case file by police officers, and that it was fabricated not by the CIZ, but by another party. A criminal case has also been opened into this fact, which is now being investigated by the DBI, and investigative actions are ongoing. I hope the investigation will establish how this document appeared among the evidence and who produced it,” noted the lawyer.
EVENTS
2016 - 2020
All property Vadim Cherny is at the disposal of the public organization “Center for the Protection of Disabled Persons” founded by him.
December 2020
Vadim Cherny dies.
January 2021
At the general meeting of the NGO “Center for the Protection of Disabled People” Valeria Golova is included in the founders of the organization, and Arkady Cherny appointed as the executive director of the Center. It is important to note that at this moment all corporate rights to LLC Basari and DP Kompromiss belong to the Center for the Protection of Disabled Persons. Sergei Durach At the meeting he goes into opposition and does not agree that he is not the new director.
March 2021.
fool и Head they prepare their own minutes of the general meeting of the Central Investment Institute, at which Durach is appointed director.
There is a theft of documents in the CIZ office. Eyewitnesses claim that he was involved in this fool .
9 November 2021.
Valeria Golova appeals to law enforcement agencies with a statement about the theft of the corporate rights of Basari LLC and the Kompromiss DP.
19 November 2021.
After the initiation of criminal proceedings, Valeria Golova goes to court with a request to seize the disputed property rights. Judge of the Primorsky Court V. Ivanov makes a decision to arrest the corporate rights of the companies “Galatea”, “Basari”, “Kompromiss”, owned by CZI.
26 November 2021. 15:10
Notary of the Mirgorod district notary district of the Poltava region Tatyana Dombrovskaya outside its notarial district, it will re-register the corporate rights of LLC “Basari” and DP “Kompromis”, which belonged to the “Center for the Protection of Disabled Persons” - under the state of emergency “Dagda-2013”. The owners of “Dagda-2013” at that time were: Sergei Durach и Valeria Golova.
Later, notary T. Dombrovskaya will state that she did not fulfill this transaction.
26 November 2021. 17:00
Notary Olga Yankovskaya certifies signatures A fool и Heads at Minutes No. 17 of the General Meeting of the State of Emergency “Dagda-2013”, at which the decision is made sell corporate rights Basari LLC (Grecheskaya shopping center and a dozen apartments) Taras Ispanyuk for 15 thousand hryvnia. Despite the fact that the actual value of these rights is 129 million hryvnia!
In the same day November 26, 2021
Notary Yankovskaya also certifies signatures A fool и Heads on Minutes No. 18 of the General Meeting of the State of Emergency “Dagda-2013”, at which a decision was made on change of director “Compromise” – a new director is appointed Ruslan Katsuba.
In the same day November 26, 2021
Odessa notary Irina Bilous certifies the signature Taras Ispanyuk on the decision of Basari LLC to change the director (Ispanyuk himself is appointed by him) and registers it in the state register as the beneficial owner of “Basari”.
We emphasize that all these notarial manipulations are completed within a few hours on November 26, 2021!
November 27 2021 city
The following registration actions are carried out: notary Belous registers Katsubu director of "Compromise", and Ispanyuka - Director of "Basari". Thus, the corporate rights belonging to the CIZ were finally taken away from the public organization, re-registered to the new owners and legalized!
December 2021g.
In order to restore your rights "Center for the Protection of Persons with Disabilities" appeals to the Ministry of Justice of Ukraine, where the case is considered special Anti-Raider Commission.
24 December 2021g.
Ministry of Justice issues Order No. 4677/5, which establishes that the initial actions of the notary Tatiana Dombrovskaya and subsequent registration actions are illegal and must be cancelled. At the same time, the notary Dombrovskaya, whose signature is on the document for re-registration of corporate rights, herself claims that she did not do this. According to her, registration actions on her behalf took place on November 26.11.2021, XNUMX. were committed “fraudulently”; moreover, she asked the court to abolish them as fake.
The opposite side does not agree with this decision and trials begin, which have been going on for two years.
The order of the Ministry of Justice is being appealed on formal grounds: V. Agayev, for whom a mortgage was issued in connection with the claim of Durach-Yu. Zarichanskaya’s common-law wife, was not summoned to the meeting of the Anti-Raider Commission, since the Anti-Raider Commission does not have the right to consider complaints if a similar case is being considered in the courts dispute.
PAWNS IN SOMEONE ELSE'S GAME
Now Sergei Durach filed lawsuits with the Economic Court in order to return the rights of LLC Basari and DP Kompromiss, and Valeria Golova proves that her corporate rights were illegally taken over. But many questions remain regarding their actions:
1. Why, an hour after the notary Dombrovskaya re-registered the corporate rights of the enterprises to Sergei Durach and Valeria Golov, did they sell them for only 15 thousand hryvnia?
2. We remember that the cost of this property is 130 million UAH, why were Sergei Durach and Valeria Golova in such a hurry to resell it at a price a thousand times lower than the real one?
3. Why didn’t they start owning the said property and making a profit?
The answers to these questions become obvious if we hypothetically assume what the Ukrainian investigation and court still have to prove - “a well-planned and comprehensively secured raider seizure was carried out in relation to the public organization “Center for the Protection of Disabled Persons”, in which Cherny’s widow and former assistant played far from the main roles.” .
Then the position of the Head and the Fool would immediately become clearer, who would turn from heirs into accomplices in the crime.
Then the formal position of the new owners of LLC Basari and DP Kompromiss, Taras Ispanyuk and Ruslan Katsuba, would be clear.
Then the fictitiousness of the purchase and sale agreements for enterprises would be confirmed, according to which Messrs. Ispanyuk and Katsuba became owners of property worth UAH 130 million, having “paid” only 15 thousand hryvnia for it...
But all these statements are worthless without an evidence base. Unfortunately, law enforcement agencies are in no hurry to investigate this crime.
WHAT IS THE RESULT?
As a result, as of today, The multimillion-dollar inheritance of businessman Vadim Cherny does not even belong to his children - everything is registered in the name of third parties who have no family ties with the deceased. .
Vadim Cherny’s own mother, also a direct heir, takes a clear position in this property dispute - she wants only one thing: for the property to be returned to the family and belong to her grandchildren, and not to strangers.
Now it's up to law enforcement officers. Let us note that it is being investigated by the best Ukrainian law enforcement agencies, including the Main Investigation Department of the National Police and the Prosecutor's Office. Given their capabilities and professionalism, the investigation of the case, the main materials of which are notarized and are in state registers, should not have taken even two months. However, law enforcement officers have been inactive for two years. They are not just lazy, but even issue decisions refusing to carry out investigative actions, provide false information in procedural documents, do not respond to petitions and refuse to initiate criminal cases.
The heirs can only believe in the Rule of Law and wait for the final decision from high-ranking servants of Themis - because it is only in their power to bring this high-profile case to its logical conclusion and punish the perpetrators.
