For the second year now, the law enforcement and judicial system has been preventing the investigation of a case related to the theft of property belonging to the public organization “Center for the Protection of Disabled People.”

On November 9, 2021, according to a statement from Valeria Golova, criminal proceedings No. 12021162510001488 were initiated against the owners of Basari LLC and Kompromiss DP regarding the alleged seizure of corporate property.

But, according to the lawyers of the injured party, this case was initiated without corpus delicti, since excerpts from the ERDR show that Valeria Golova never had these corporate rights.

It is worth mentioning that these companies have facilities known to all residents of Odessa. Basari LLC owns the Kyiv business center on Grecheskaya Square, and Kompromiss owns the underground Grechesky business center.

However, immediately after the initiation of criminal proceedings, Valeria Golova went to court demanding the seizure of property rights, and on November 19, a judge of the Primorsky Court. V.V. Ivanov made a decision to arrest the corporate rights of the companies “Galatea”, “Basari”, “Kompromiss”, owned by CZI.

As is known, the victim has the right to request the seizure of property at the stage of pre-trial investigation only after notifying the person of suspicion (and if there are grounds specified in Article 276 of the Criminal Code of Ukraine). But the investigative judge of the Primorsky District Court was satisfied with V.A. Golova’s submission. civil action by the time such notice is served and a motion to seize the property is filed. According to lawyers representing the interests of the NGO “Center for the Protection of Disabled Persons”, the real purpose of property seizures was to prevent their return to the rightful owner after a raider seizure and creating conditions for the illegal re-registration of rights to it by third parties.

By the way, later all these procedural violations were established by the Odessa Court of Appeal and recorded in Ukhvala on 06.04.2022/522/22174 (case No. 21/1/522, production No. 12014-ks/21/XNUMX/XNUMX).

In response, CZI filed a complaint with the Ministry of Justice. There, the case was considered by a special Anti-Raider Commission, and based on the results of its work, on December 24, 2021, the Ministry of Justice adopted Order No. 4677/5, (https://minjust.gov.ua/files/general/2021/12/30/20211230104237-49.pdf), which found that notary actions Tatiana Dombrovskaya and subsequent registration actions illegal and should be abolished. 

It would seem that everything is very simple - there is an order from the Ministry of Justice: in order to fulfill it, all that remained was to register it with the state registrar and return the seized assets to the owners. However, this has been impossible to fulfill for two years now - the tricky part is that the Order cannot be executed until the judicial seizure is lifted. In general, according to the lawyers interviewed, this raid was organized very professionally, at a high level, and it followed a clear plan.

The order of the Ministry of Justice was transferred to the Primorsky Court of Odessa on January 4, 2021 with the aim of restoring the violated rights of CZI. A petition was submitted to Judge Ivanov to cancel the arrest he had imposed. Ivanov, who considered this case, was required by law to lift the arrest within 72 hours (according to Part 2 of Article 174 of the Criminal Code of Ukraine). However, under various pretexts, the judge delayed the consideration of the case, which gave the raiders time to make other arrests in different courts.

Only a month later, on February 7, the petition was considered, but even then the judge groundlessly refused to grant it. Since then, the situation has been mired in endless criminal proceedings and courts - Ispanyuk, Katsuba, Agaev, Buzyka and other people involved in the legalization of stolen assets are turning to the courts to block the Order of the Ministry of Justice with pre-trial arrests and cancel it.

During the month that Judge Ivanov could not consider the petition, three new pre-trial arrests were imposed:

-14.01.2022/420/518 pre-trial arrest was imposed by the judge of the Odessa District Administrative Court Butenko A.V., case No. 22/XNUMX/XNUMX.

-18.01.2022/504/158 pre-trial arrest was imposed by the judge of the Kominternovsky District Court of the Odessa Region Vinskaya N.V., case No. 22/XNUMX/XNUMX;

-18.01.2022/492/25 pre-trial arrest was imposed by the judge of the Artsyzsky District Court of the Odessa Region Guseva N.D., case 22/XNUMX/XNUMX;

A complaint against Judge V.V. Ivanov, whose actions allowed the raiders to take advantage of the time and impose new arrests, was filed with the High Council of Justice, however, due to the prolonged inaction of this body, the complaint has not yet been considered. Also, a statement against Judge Ivanov was sent to the National Anti-Corruption Bureau, but NABU refused to initiate a case on this statement.

Thus, return your property to the “Center for the Protection of Disabled Persons” I couldn't again, since it has already been imposed new arrests.

As of August 2023 eight judges in different courts of Ukraine, based on fictitious claims, made illegal decisions and imposed pre-trial arrests on all seized assets and prohibited the implementation of the Decree of the Ministry of Justice. In addition to the above-mentioned judges Ivanov, Butenko, Vinskaya, Guseva, arrests were also made

• judge Stasyuk S.V., Economic Court of Kiev, Case No. 910/2281/22;
• Judge Ilyeva T.G., Pechersky District Court of Kiev, Case No. 757/21736/22-k;
• judge Anisimova N.D., Belgorod-Dniester court, Odessa region, Case No. 495/7512/22;
• judge Kotkov A.V., Economic Court of Kiev, Case No. 910/11679/22.

The main problem is that the process of appealing the arrests imposed by the Central Investigative Committee in higher courts is quite slow. It takes about a year to remove one, and the raiders impose a new arrest in a week. The prosecutor's office also does not act and plays on the side of the raiders, not following the orders of the Ministry of Justice. Moreover, it was at the request of the Office of the Prosecutor General that Judge Ilyeva of the Pechersk Court imposed one of the arrests on corporate rights. That is, even The Office of the Prosecutor General is clearly preventing the implementation of the Order of the Ministry of Justice.