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"Black notaries" and who covers them: an illustrative example of one court case

The racketeers of the 80s and 90s, who resorted to physical violence and threats in order to deprive people of money and valuables, have already become characters in history and gangster series. Their place was taken by raiders - criminals of the new century, who use sophisticated and intelligent schemes that allow to achieve much more impressive results.

With the help of so-called "black notaries", they organize illegal seizure of private property, turning this activity into a highly profitable business under the protection of individual police officers, the prosecutor's office, the SBU and the courts. We are talking about one such case.

AN HOUR AND A HALF AND THE RIGHTS ARE STOLEN

November 26, 2021 the notary of the Myrhorod district notary district of the Poltava region, Tatiana Dombrovska, she re-registered outside her notary district and without any documents corporate rights of LLC "Basary" and SE "Kompromys", which belong to the "Center for the Protection of the Disabled" (Odesa), are on the PE "Dagda-2013". The owners of "Dagdy-2013" are Serhii Durach and Valeriya Golova.

It is noteworthy that Dombrovska's notary completed the registration process at 15:10 on November 26, and in an hour and a half, the participants of the criminal scheme hurried started legalization of stolen assets. So in Odesa around 17.00 notary Olga Yankovska certified the signatures of S. Durach and V. Golova on Minutes No. 17 of the General Assembly "Dagda-2013": at which decisions are made to sell the corporate rights of "Basari" to Taras Ispaniuk for 15 thousand hryvnias. (Despite the fact that the real value of these rights is 129 million hryvnias!).

Then notary Yankovska certifies the signatures of S. Durach and V. Holova on Minutes No. 18 of the General Meeting "Dagda-2013", at which a decision was made to change the director of "Kompromis" - the director is appointed Ruslan Katsuba.

After that, Yankovska certifies the signatures Spanish girl and director of "Dagda-2013" Prilepskyi on the Act of acceptance and transfer of corporate rights "Basari".

Then she certifies the signature of the director of "Dagda-2013" Prilepskyi on Decision No. 26-11-21 of the founder of Kompromis about the change of director and on confirmation of the fact of the formation of the "Compromise" Statutory Fund;

After already another Odessa notary, Iryna Bilous certifies Ispanyuk's signature on Basari's decision to change the director (Ispanyuk himself is appointed by him) and registers Ispanyuk as the beneficial owner of "Basari" in the state register. All this happens within a few hours on November 26.

For reference:

Ispanyuk Taras Oleksiyovych - founder and director of Transtroy LLC, Odesa Business Empire LLC, House Building LLC, etc. He was a representative in favor of BC "Budova" JSC "Brightline Universal AG" Panama.

Ruslan Serhiyovych Katsuba - founder of "Chornomorbudtorg", "Advaita", PE "VRH-market". Was a representative in favor of BC "Budova" LTD "Tylennor Trade LP" Scotland.

THE ORDER OF THE MINISTRY OF RAIDERS IS NOT AN ORDER

The next day, 27 November, raiders perform the following registration actions: notary Bilous registers Katsuba as the director of Kompromis and Ispanyuk as the director of Basari. That's it, the rights are stolen. Then a dozen more registration actions are carried out with them by different notaries, which can become the subject of a separate investigation, and as a result, according to several surety contracts, a new participant in the legalization of an illegal scheme appears — S.M. Buzyka with claims for all property.

Later The anti-raider commission of the Ministry of Justice will officially establish that the initial registration actions of notaries Dombrovska and Bilous were illegal:

It would seem that the truth has won, rights must be returned — but here law enforcement agencies, perhaps "motivated" by someone, are beginning to take a very strange position.

Let's start with what the investigation generally refuses to conduct investigative actions against notaries Dombrovska and Yankivska. With petitions and complaints of lawyers are rejected "CIS", which rightly indicate that conducting searches, seizing computers and working documents from these notaries are absolutely necessary to establish the truth and may contain the main evidence that the investigation will be able to use.

INVESTIGATORS REMOVE THE SUSPECTS FROM UNDER THE STRIKE

instead the investigators refuse to even question the notary Yankovska, and the notary Dombrovska still has the procedural status of a witness, not a suspect, despite the fact that it was her actions that started the flywheel of a large-scale raider capture.

Currently, the criminal proceedings are being investigated by the Main Investigative Department of the National Police of Ukraine under the procedural guidance of prosecutors of the Prosecutor General's Office. The investigation has not yet identified the organizers of the crime and is not doing anything to find out their identities.

For the second year in a row, the entire law enforcement system prevents the preliminary investigation in this case. Unreasonable pressure is experienced by the affected party, the property of the organization "Center for the Protection of the Disabled" has become a hostage to the situation, the Order of the Ministry of Justice, which canceled the illegal actions of the state registrars, is ignored, and its action is blocked.

At this moment The Commercial Court of Kyiv is considering case No. 910/6601/23 according to the claim of the NGO "Center for the Protection of the Disabled" to the State Treasury Service of Ukraine, the National Police of Ukraine, the Prosecutor General's Office, the State Department of the National People's Republic of Odesa Oblast, the Odesa Oblast Prosecutor's Office on the recognition of illegal inaction and the adoption of illegal decisions by law enforcement agencies in criminal proceedings, where the NGO "Center for the Protection of the Disabled" as a victim suffered losses in the total amount of UAH 139 million, caused as a result of the commission of criminal acts.

The investigation is led by the prosecutor of the Office of the Prosecutor General Pylypenko, who was appointed by the Deputy Prosecutor General of Ukraine Ihor Mustetsya. And thus, according to the lawyers who represent the interests of the NGO "CZI", it is Mustets and covers the inactivity of the investigation.

The next court session in this case will be held on August 28, 2023 - already with the involvement of media representatives.

ElitExpert will closely monitor the progress of this trial. In addition, ElitExpert appeals to everyone who has any information about the specified events or about the persons in question: information can be sent to the agency's e-mail elitexpert.ua@gmail.com.

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