"ElitExpert" continues a series of investigations devoted to the conflict surrounding the corporate rights of the public organization "Center for the Protection of the Disabled", founded by the late Odessa businessman Vadym Chorny.
In previous articles, we talked about "black notaries", about property legalization schemes, which lawyers consider a raider's takeover, and fake persons. In turn, the portal "Fight corruption in Ukraine" drew attention to the decisions of the courts, which will further confuse this already difficult case.
As mentioned earlier, at the end of 2021, with the help of manipulations and "black notaries", large real estate objects in the center of Odesa were "stolen" - the "Kyiv" business center and the "Gretsky" shopping center.
The registration actions, as a result of which the property was transferred to new owners, were illegal - both the Ministry of Justice and the notary Tetiana Dombrovska herself, who allegedly registered these agreements, admitted this. She told the investigation that she had nothing to do with them, referring to the intervention of unidentified hackers.
On December 28, 2021, the Ministry of Justice of Ukraine issued Order No. 4677/5, who decided to return the property to the rightful owners. However, the new "landlords" filed a lawsuit in the Commercial Court of Kyiv to declare this Order illegal and cancel it.
The lawsuit was considered by the Deputy Chairman of the Economic Court of Kyiv, Judge Serhii Stasiuk. 23 Worm 2022 Rock he imposed a pre-trial arrest in compliance with the Order of the Ministry of Justice. According to the judge's position, "implementation of the Order of the Ministry of Justice will significantly complicate the effective protection or restoration of contested rights."
This decision was appealed, and September 7, 2022 canceled by the Decision of the Northern Court of Appeal of Kyiv.
However, judge Stasiuk 26 September 2022 reimposed a ban on the implementation of the Order of the Ministry of Justice.
December 7 2023 year the decision of the judge of the Economic Court of Kyiv, Serhii Stasyuk, was made public November 16, 2023 . According to the text of the Resolution The order of the Ministry of Justice was declared illegal. In this way, property worth several hundred million hryvnias was actually "taken" from the rightful owners.
As stated in the Resolution, the judge was guided by the fact that the Anti-Raiders Commission under the Ministry of Justice was not supposed to consider complaints from the plaintiffs, since the courts at that time were considering cases with the same participants and on the same grounds.
However, the lawyers of "CZI" are sure that the parties and grounds in the mentioned cases are not identical, but are only a scheme of the opponents, which allows the case to be delayed. Also, in their opinion, judge Stasiuk made an unjust court decision that contradicts the norms and spirit of procedural and substantive law.
