Criminal case No. 0126 on facts of raider seizure

Durach Sergey Viktorovich, Mustets Igor, Pilipenko Sergey, Ispanyuk Taras, raiders, Black,

The crime.

November 26, 2021 at 15.10, notary of the Mirgorod district notary district of Poltava region, Dombrovskaya T. without any documents, re-registered the corporate rights belonging to TsZI to LLC Basari and DP Kompromiss, to the private enterprise Dagda-2013 (founders fool S.i Head IN.).

Without wasting a minute, Fool and Head began to legalize the stolen assets:

  • after 40 minutes they resold Basari Ispanyuk T. 4000 sq. m of office space in the center of Odessa were sold for 15 thousand grams;
  • the next day they sold Katsube R. “Compromise.”

The “Greek” shopping center was sold for 10 thousand gr. Further, “Basari” was transferred to a mortgage Agayev V., and “Compromise” is leased for 10 years Demchenko B. Also, Pledge and Loan agreements were signed, according to which all the property of “Basari” and “Compromise” was pledged Buzyke S., and Monari О.

Investigation.

On the facts of raider seizure of corporate rights of Basari LLC and Kompromis DP, a criminal case No. 42021170000000126 dated December 24.12.2021, XNUMX (hereinafter No. 0126). The case was initiated in Poltava, at the place of registration of the notary T. Dombrovskaya. Odessa Regional Prosecutor's Office, from March 2021. did nothing in the investigation of case No. 0384, initiated against Fool and Head. It would seem that the Odessa Prosecutor's Office will not react in any way to the initiation of a criminal case in Poltava against a Poltava notary.

But as soon as a criminal case related to Durach was opened in Poltava, the Odessa Regional Prosecutor's Office began to fuss greatly. Numerous calls followed from the Odessa Prosecutor's Office to the Poltava Regional Prosecutor's Office. 30.12.2021/0126/XNUMX The Poltava Prosecutor's Office issued a Resolution to change jurisdiction and transfer investigation No. XNUMX to Odessa. Why was the Odessa Regional Prosecutor's Office fussing so much about transferring the case to Odessa?

It seems that the rumors that Odessa regional prosecutor Kostenko is personally involved in the raider takeover are true.

21.01.2022/0384/1488, after noise in the media about the cover-up of raiders in Odessa, the Office of the Prosecutor General of Ukraine takes the investigation of cases No. 0126, No. XNUMX and No. XNUMX to Kyiv and transfers it to the Main Investigation Department of the National Police of Ukraine (head of the third rank police general Tsutskiridze M.S..), under the procedural guidance of prosecutors of the Office of the Prosecutor General (Prosecutor General of Ukraine A. Kostin).

An investigator for particularly important cases of the State Investigative Directorate of the National Police of Ukraine has been appointed senior to the group of investigators. Borets I. Prosecutor of the Office of the Prosecutor General appointed senior group of prosecutors Pilipenko S. The investigation of this crime should not present any difficulties. All evidence of the crime is notarized by the criminals and stored in state archives. However, the Main Investigative Directorate of the NP of Ukraine, under the leadership of prosecutors from the Office of the Prosecutor General, is openly sabotaging the investigation. Notary Dombrovskaya stated during interrogation that it was not she who carried out the transaction, but hackers.

How can I check this information? You don’t have to be an investigator to answer: receive materials from the State Enterprise “National Information Systems” (administrator of registration transactions) and conduct a forensic technical examination. Or, simply transfer this investigation to the cyber police. However, after a year and a half of investigation, the examination has not been carried out and no other investigative actions are being carried out. At the same time, the Ministry of Justice in its letter to TsZI’s lawyers said:

That is, the Ministry of Justice of Ukraine claims that there were no hackers. Gentlemen, “black notaries”, sleep well, our police will take care of you. The investigation into the facts of legalization is also in a comatose state. The investigation refuses to initiate criminal cases against Ispanyuk, Katsuba and other participants in the legalization. The investigation does not carry out any investigative actions and refuses to comply with the requests of TsZI’s lawyers.

For example:

  • original documents for registration of stolen assets were not seized;
  • all accomplices of the crime have not been interrogated;
  • signatures have not been examined;
  • notary materials have not been received;
  • data from mobile operators and Internet providers have not been received;

etc.

Investigation in numbers:

  • investigation is already underway 1.5 years;
  • The investigation is being carried out by a group of investigators from the State Investigative Directorate of the NP of Ukraine and prosecutors from the Office of the Prosecutor General, consisting of 50 people;
  • representatives of TsZI filed an investigation more than two hundred petitions and complaints regarding the facts of the investigation;
  • representatives of TsZI submitted more than a dozen statements on the initiation of criminal cases against participants in the crime;
  • no investigation was initiated not a single criminal cases based on TsI statements; all cases were initiated based on decisions of investigative judges;
  • TsZI representatives sent more than 100 complaints investigative judges;
  • no investigation was carried out not a single forensic technical examination;
  • the investigation did not reach a conclusion not a single suspicion, not a single participant in the crime.

The investigator of the State Investigative Directorate NP Borets and the prosecutor of the Office of the Prosecutor General Pilipenko are not just inactive, but are deliberately sabotaging the investigation. For example, the TsZI lawyer appeals to the investigation to conduct an examination of the registration actions of the notary Dombrovskaya in order to confirm or refute her testimony about hackers. The wrestler replies that it is not possible to conduct such an examination, because DP "NAIS" (administrator of registration actions of notaries) did not transfer the IP address from which this action was carried out. The lawyer asks Borets to familiarize him with the data from NAIS, which is in the case materials. The investigator refuses to familiarize himself. The lawyer challenges in court Borets’ refusal to familiarize himself with the documents and gets acquainted with the NAIS materials. And, he finds an IP address in the materials of the DP “NAIS”.

That is, the investigator of the State Investigative Directorate of the NP of Ukraine I. Borets is simply lying. A typical example of how an “investigation is underway”:

The lawyer appeals to investigator I. Borets with a request to carry out investigative actions. I. The wrestler does not answer. The lawyer sends a complaint to the court about the investigator’s inaction. After two months, the investigating judge issues a ruling obliging the investigator to respond to the lawyer. Time passes, the investigator continues to remain silent, and the lawyer sends a new complaint to the court about the investigator’s failure to comply with the court order. Finally, the investigator answers. In 90% of cases, investigator I. Borets refuses to carry out investigative actions. The lawyer sends a new complaint to the court, challenging the investigator's refusal. In 50% of cases, the investigating judge grants the request.

Next, two months of inactivity pass. The lawyer submits a petition to the prosecutor to disqualify the investigator and a complaint to the court for violation of reasonable time limits for the investigation. In both cases there are refusals. This correspondence drags on for months and years, and the investigation does not move. Very slowly, like pincers, it is possible to squeeze some investigative actions out of the investigation.

The game of the investigation is to hold out until the end of the investigation with such red tape. Further, it is possible that a suspicion will be issued without a sufficient evidence base and the accusation will fall apart in court, or the pre-trial investigation will expire.

Prosecutors' joke: There are no victims in raiding, because they have already run out of money.

The inaction of the investigator of the State Investigative Directorate of the NP of Ukraine Borets I. and the prosecutor of the Office of the Prosecutor General Pilipenko S. is strenuously covered up by their superiors. All lawyers’ complaints receive formal replies from the Office of the Prosecutor General and the Ministry of Internal Affairs of Ukraine, which

an investigation is underway, and if you don’t like something, then go to court (in other words, fuck it).

During the year of investigation, no one was suspected of committing a crime. The Ministry of Justice of Ukraine removed the notary Dombrovskaya from the state register, but thanks to the inaction of the investigation, she continues to perform the duties of a notary. In whose interests is impunity for members of a criminal group?

You don’t need to go to a fortune teller to guess that the investigators of the State Investigative Directorate of the NP of Ukraine and the prosecutors of the Office of the Prosecutor General received bribes for their inaction.