For more than two years, cases related to the illegal resale and further legalization of property rights to several companies belonging to the public organization "Tszi" have been dragging on in various courts of the country.
On November 21, 2023, after a careful consideration of all the circumstances, the Northern Court of Appeal of Kyiv, by its Resolution in case No. 910/11679/22, annulled the decision of the judge of the Commercial Court Oleksandr Kotkov, with which, in fact, he deprived "CZI" of its property and left it with new "owners".
Thus, the two-year lawsuit could have already ended if the opposing side had not started confusing the process with new schemes and manipulations.
Let us briefly recall the background of this year's events
At the end 2021, after the legalization, by a chain of notaries, of resale to third parties and subsequent legalization of the property of the public organization "CZI", the latter filed a complaint with the Ministry of Justice of Ukraine. The case was considered by a special Anti-Raider Commission. According to the results of her work The Ministry of Justice issued Order No. 4677/5, who decreed that the actions of the notaries were illegal and all registration procedures made by them should be cancelled.
As the lawyers of "CZI" explain, after that, all that remained was to contact the state registrars for urgent registration actions - and the seized assets were returned to their rightful owners.
However, the opposite side collapsed immediately courts in different parts of the country, made as if by copycat lawsuits, in which asks to recognize the Order of the Ministry of Justice as illegal. Moreover, courts for formal reasons, really cancel the decision of the Ministry of Justice!
As a result, a simple case that could have ended in a couple of weeks grew into dozens of legal and criminal proceedings and is already ongoing third year
Let's figure out why this happened on the example of one of these cases.
DISTRIBUTION SCHEME
One of the participants in the process, Taras Ispanyuk, on behalf of your company Ltd "Largent" filed a lawsuit against the Order of the Ministry of Justice of Ukraine to the Commercial Court of Kyiv. The claims were based on the fact that the Order is allegedly illegal due to the lack of authority of the Ministry of Justice to consider the complaint from "CZI" - thanks to the "Zarichanska case".
It is about the fact that 1 day before the meeting of the Anti-Raider Commission of the Ministry of Justice in this case, the roommate one of the main figures in the process from the side of the opponents, Serhiy Durach, Yuliya Zarichanska filed a lawsuit at the Primorsky District Court of Odesa. She asked the court to recognize the fact that she lives with Durach as one family and has the right to half of jointly acquired property. In this regard, she demanded to cancel the purchase and sale agreements for the property of "CZI", including BC "Kyiv" and shopping center "Gretskyi", which Serhii Durach made, allegedly, without consulting her.
Despite the fact that, at first glance, Zarichanska's lawsuit has nothing to do with the execution of the Order of the Ministry of Justice, they are closely related.
The fact is that according to the letter of the law, the Ministry of Justice cannot consider applications to cancel illegal registration actions, if there is information about a court case between the same parties and under the same circumstances. This norm is fixed clause 4 part 8 of the Law of Ukraine "About state registration of rights to real estate and their encumbrances».
By the way, this scheme has been tried several times in this complicated case. So, 14 fierce 2022 p. another possible participant in the scheme of legalization of assets of "CZI" Volodymyr Agayev filed another lawsuit to the Commercial Court of Kyiv with a request to declare this Order unlawful and cancel it. And another judge, Serhiy Stasiuk, also imposed a ban on its implementation. This decision was appealed and September 7, 2022 canceled by the decision of the Northern Court of Appeal of Kyiv. However, the judge Stasyuk every time continues to persistently impose bans on the implementation of the Order of the Ministry of Justice - the latest such a decision he took December 7 2023 year.
ARGUMENTS OF THE MINISTER
At the same time, the Ministry of Justice itself reacted to Zarichanska's lawsuit. In the documents submitted to the court, the Ministry of Justice states that this lawsuit is not identical at all to the complaint from "CZI", which was considered by the Anti-Raider Commission of the Ministry of Justice, applies to other people and circumstances, and therefore, Order No. 4677/5 was legally issued and enforceable:
Thus, the Ministry of Justice took a clear position - Zarichanska's lawsuit cannot be the basis for declaring the order invalid.
However, even the Ministry's arguments and obvious facts did not convince the judge of the Economic Court Oleksandr Kotkov, which 20 July 2023 satisfied the application of "Largent" LLC and prohibited the execution of the Order of the Ministry of Justice of Ukraine, leaving the property with the "raiders".
Of course, this decision was challenged in an appeal — at the same time, the appeal was sent both by the Central Bureau of Investigation and separately by the Ministry of Justice.
August 21, 2023 The Ministry of Justice of Ukraine appealed to the Northern Court of Appeal of Kyiv with a request to cancel the decision of Judge Kotkov.
The Ministry motivated its appeal by the fact that "the conclusions of the court of first instance stated in the contested decision do not correspond to the actual circumstances of the case and are the result of incorrect application of the norms of substantive and procedural law».
The Northern Court of Appeal of Kyiv agreed with these arguments and Canceled on November 21, 2023 Judge Kotkov's decision.
CORRESPONDING STEP OF THE OPPONENTS
It would be possible to put an end to the case again, but the opponents continue to do everything to drag out the process, and already November 27, 2023 submit a cassation appeal to the Supreme Court against the Decision of the Court of Appeal.
At the same time, in its petition, "Largent" even requested the Supreme Court to suspend the effect of the Resolution before the end of its review in the cassation procedure - but in this, according to By the decision of the Supreme Court dated January 8.01.2024, XNUMX, they were denied.
At the moment, the Supreme Court, by virtue of its powers, was forced to open a cassation proceeding based on the complaint of Largent LLC against the decision of the Northern Commercial Court of Appeal dated 21.11.2023, despite the obvious manipulative actions carried out by the opponents in this case.
"Similar "collapse" of high-profile cases in courts using the "Zarichanska method" with hastily filed, allegedly identical lawsuits is often used in Ukrainian judicial practice, and this the scheme can already be considered systemic. And in the processes related to the property of "CZI", it was also used more than once." - say the lawyers of "TZI".
The open court session in this high-profile case, which will consider the appeal, will take place in Kyiv 30 January 2024 of the year.
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