Edition EliteExpert published a large material about the high-profile case No. 916/2951/23 dated July 12.07.2023, XNUMX, based on the claim of Dinare LLC, which is being considered by the Odessa Economic Court.
After a thorough study of the documents presented by the parties, journalists began to fear that the case may not be considered objectively enough, as indicated by numerous facts, which we will discuss in detail in this material.
FABULA OF THE CASE
Plaintiff's position: Sergei Durach, calling himself the director of Dinare LLC, filed a lawsuit with the Odessa Economic Court to recover real estate worth 42 million UAH Leads the case judge Svetlana Zheleznaya.
In 2017, Dinare LLC sold to TsZI the corporate rights of the Galatea company, owner of the famous Odessa hotel “Zirka”. Fool claims that this transaction was not paid for, and therefore the rights must be returned to the ownership of Dinare LLC.
Fact 1: According to the documents, Sergei Durach owns only 0,5% shares of Dinare, just over 1% belonged to the late businessman Vadim Cherny, and the bulk 98% - American company "ANB INTERNATIONAL CORPORATION".
Fact 2: When filing the claim, Sergey Durach paid the court fee in 600 thousand hryvnias. The figure is significant, since the total amount of property for which he is being sued is more than 40 million hryvnia.
It is important that these 600 thousand were not paid from the account of Dinare LLC, as the law clearly requires, but were contributed by Fool in cash.
Fact 3: According to the charter of Dinare LLC, the director of the company has the right to sign contracts, accept obligations, etc. for the amount not exceeding 100 thousand hryvnia. Expenses over 100 thousand must be made and signed by the director only on the basis of a decision of the general meeting. It turned out that on this occasion the general meeting NOT carried out.
However, Judge Zheleznaya for some reason did not consider it necessary to pay attention to this violation of the Law of Ukraine “On Judicial Fees”.
Plaintiff's position: The fool told the court that he is the owner of the American company ANB INTERNATIONAL CORPORATION and provided documents to a certain Latvian company confirming this. He also brought to court a document stating that he is also the director of ANB INTERNATIONAL CORPORATION.
Fact 4: Fool really was the director of ANB INTERNATIONAL CORPORATION, but he was appointed to this post only in 2022 and a few months later by the decision of its general meeting removed from office. Currently, the director of the corporation is a completely different person.
Plaintiff's position: Fool provided the court with a certificate stating that he owns all the shares of the ANB INTERNATIONAL CORPORATION company.
Fact 5: This “certificate” is simply printed on an A4 paper sheet and does not correspond to the established form of company certificates, printed in a printing house on a special form with watermarks. In addition, the corporation has a seal that certifies all certificates. This is not in the Durach documents.
Fact 6: On November 7, 2023, representatives of the American company held a general meeting at which they decided to replace the director of Dinare LLC. The minutes of the meeting were certified by a notary, and the next day, November 8, the state registrar of the Legal Department of the Odessa City Council made the appropriate changes to the State Register.
Fact 7: The subsequent development of events took an unexpected turn - the state registrar canceled its own registration actions, which Sergei Durach did not fail to take advantage of. November 24 2023 years , he, again listed in the register as the director of the Dinare company, turned to the Poltava notary V.A. Moskivets, who registered an agreement for the sale of the ANB share in Dinare LLC to a certain citizen Suslov - possibly a figurehead.
Fact 8: Representatives of the American company stated that in this way a “raider takeover” of ANB’s share in Dinare LLC and a “raider takeover” of Dinare LLC itself was carried out, since the state registrar and the Poltava notary did not have the legal rights to perform these registration actions . Therefore, the company filed a complaint with the Ministry of Justice to cancel the actions of the notary Moskivets.
ElitExpert turned to the notary with a request to clarify this situation, but officially received refusal to your request:
THE APPLICATIONS ARE DENIED.
24 декабря 2023 года Sergei Durach provided the court with the already mentioned certificate of alleged ownership of all ANB shares. The company immediately protested this, claiming that the certificate was fictitious. However, judge Svetlana Zheleznaya did not listen to the company’s arguments, did not give time to collect evidence, and announced that preparatory proceedings are completed and consideration of the claim on the merits begins, no longer has the right to attach additional documents to the case and present their arguments.
In general, Judge Zheleznaya rejected several motions that would have facilitated the consideration of the case. For example, ANB filed an application for a third party to intervene in the case, but the court rejected this application.
NGO "CZI" filed a petition to suspend the consideration of the claim until the Ministry of Justice considers the complaint against the registration actions of the registrar Yu. Chernenko and the notary V. Moskivets. The judge denied this request as well.
In addition, the NGO “CZI” filed several petitions to include additional documents in the case materials and to send requests to obtain documents. And these requests were also denied.
This behavior of the judge, from the outside, seems absolutely biased: after all, all the arguments, arguments and documents presented by the plaintiff Sergei Durach were taken into account by the court, and the defendant’s side was denied a similar right.
PRINCIPLE OF (NON)OBJECTIVITY
What adds even more strangeness to this case is the fact that, despite the system of automatic distribution of proceedings between judges, all four claims in which Sergei Viktorovich Durach appears in the Odessa Economic Court are considered by one judge - Svetlana Petrovna Zheleznaya.
We are talking about the following productions:
- regarding the deaths of 9 people in 2019 at the Tokyo Star Hotel, where he was a director;
- No. 12021162510000384 on the facts of his appointment as director of the NGO “CZI”;
- No. 1202116250001029 on the facts of the theft of money and documents from the office of the NGO “TsZI”;
- No. 42021170000000126 on the facts of the seizure of the Kyiv Business Center and the Grechesky Shopping Center.
To clarify this issue, ElitExpert made an official request to the Economic Court, where, however, they insist that all claims go through the automated distribution of court cases and go to random judges, taking into account their workload.
The next court hearing is scheduled for February 2, 2024, which means to be continued...
