«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 Odesa businessman Vadym Chorny.
У previous materials we talked about "black notaries" and the scheme of legalization of property, which lawyers consider a raider's hobby, and today we will pay attention to "front" persons in this confusing case.
We will tell you about an incredible success story - in which a simple inhabitant of the rural hinterland Serhii Martynovych Buzyka, convicted of stealing a neighbor's pan (well, you understand the level!), suddenly, in the eyes of the court, turned into a millionaire who easily lends almost one hundred million hryvnias , and claims to own the super-expensive real estate "CZI".
Serhii Buzyka is one of the main participants in the legalization of the "captured" rights of the "Center for the Protection of the Disabled" and the subsequent legal epic - in particular, according to the lawsuit filed on his behalf, the courts today impose seizures on the organization's property.
We will remind that as a result of the actions of a whole chain of "black notaries" in November 2021, the corporate ownership of the assets belonging to the public organization "Center for the Protection of the Disabled" - LLC "Basari" and SE "Kompromis" - was initially registered to the private enterprise "Dagda -2013" (the founders are Serhiy Durach and Valeriya Golova), and then it was completely re-registered to completely outsiders. Ruslan Katsuba became the owner of the Kompromis subsidiary, and Taras Ispanyuk became the owner of Basari LLC.
And then the most interesting begins.
CHRONOLOGY
August 10, 2021 a loan agreement was concluded between Serhii Buzyka and Taras Ispanyuk, according to which Buzyka allegedly transferred the loan to Ispanyuk UAH 40 million.
December 8 2021 year Buzyka signed with Ispanyuk Additional Agreement No. 1 to the Loan Agreement dated 10.08.21, according to which Buzyka transfers to Ispanyuk another 40 million hryvnias. On the same day, according to them, the Contracts of suretyship were concluded.
Note that both of these agreements were not notarized!
According to the terms of the agreement, Taras Ispanyuk, in case of violation of the money return schedule, undertook to pay a fine of 80 million hryvnias.
17 January 2022 of the year, after Ispanyuk violates the terms of debt repayment, Sergey Buzyka (or perhaps someone else on his behalf) files a lawsuit against Ispanyuk and the companies "Istus", "Basari", "Kompromis" and others in the Artsysk Court of Odesa Region. about debt collection and demands the seizure of all property of the guarantors.
18 January 2022 of the year judge of Artsyz district court of Odesa region N.D. Guseva opens case No. 492/25/22 2/492/250/22 and issues a Resolution on securing the claim by imposing a seizure on the corporate rights and real estate of "Basari", "Largent", "Kompromis".
15 Worm 2022 Rock Serhii Buzyka signs a contract with a citizen Monari Oleg Georgiyovych on the assignment of the right to demand the debt under the Loan Agreement dated 10.08.2021 and the Addendum to the Loan Agreement dated 8.12.2021 for the total amount of 80 million hryvnias.
WHAT IS WRONG?
What is wrong with these contracts and the court's position on this issue? "ElitExpert" analyzed the open data and found a number of obvious inconsistencies that call into question the legality of the documents submitted to the court.
First of all, there are no documentary confirmations of the fulfillment of the contract by the parties in the case file - the very fact of the transfer of funds in the amount of 80 million hryvnias. There is no copy of the bank statements for the transfer of money, not even a receipt for receipt of cash.
Secondly, contracts for a huge amount of 80 million hryvnias were not notarized, which, let's face it, is an amazing carelessness.
Thirdly, there is no confirmation that Serhiy Buzyka has such a large sum. He lives in the small village of Pavlivka, Bolgrad District (formerly Artsyz District), Odesa Region, does not work and does not own any property. Only a few years ago, in 2014 (case 492/976/14-k), our hero was convicted for stealing a saucepan worth 310 hryvnias neighbors, up to three years of imprisonment. Agree, a strange biography for a person who borrows 80 million hryvnias!
Buzyka also has an unfulfilled obligation to Privatbank from enforcement proceedings No. 65942015 dated July 1.07.2021, 150 - he did not return the loan of XNUMX hryvnias to the bank.
Fourthly, the fact that in the surety agreement dated December 8, 2021, LLC "Istus", which does not belong to Taras Ispanyuk at all, is the guarantor also speaks of the dubiousness of the lawsuit.
Fifth, the defendant in the lawsuit, Ispanyuk, showed complete indifference to this lawsuit. Neither he nor his lawyers were present in court and did not provide any materials, in connection with which it can be assumed that the lawsuit was filed not for the purpose of debt recovery, but solely for the purpose of imposing a pretrial arrest on the property of the "Center for the Protection of the Disabled" .
And the most important thing —On March 19, 2023, Serhiy Buzyka independently turned to the law enforcement officers with a statement that he did not conclude any contracts with Ispanyuk and Monari, and did not file a lawsuit! For yoga words for $200, he only signed some papers that his fellow villager gave him.
It turns out that despite the repeated requests of the injured party to interrogate Serhiy Buzyka, the law enforcement officers showed carelessness (or, rather, deliberate negligence) and Serhiy Buzyka was never interrogated. Not only that, they weren't even going to question him until he himself came and wrote a statement!
COURTS ARE GOING
On October 6, 2022, by the decision of the Odesa Court of Appeal, Judge Huseva N.D. on the imposition of arrest was canceled.
The lawyers of "CZI" filed a complaint against Judge Guseva to the High Council of Justice, insisting that the case was opened on a fictitious pretext, however, for unknown reasons, the VRP has not yet considered the complaint.
A similar application to the judge was sent to the SBI, but they refused to open a case based on this application.
However, the story did not end there.
September 26, 2022, the above-mentioned citizen of Monari, with whom Buzyka allegedly agreed on the assignment of debt obligations, filed a lawsuit demanding the return of the debt - already to another court of Odesa region.
And already September 28, 2022 judge of the Belgorod-Dniester court Н.Anisimova opened the relevant case No. 495/7512/22 and immediately issued a Resolution on the imposition of a pretrial arrest on the property of "CZI". Despite the fact that in the documents submitted to the court, Monari did not even attach evidence of payment under the contract between him and Buzyka.
The peculiarity of this strange case is that the law enforcement agencies categorically refused to open criminal proceedings against Taras Ispanyuk, Oleg Monari, and Serhii Buzyka, and all cases were initiated exclusively based on court decisions initiated by "TsI"
"CZI" received formal answers to the complaints to the Prosecutor General Andrii Kostin and the head of the National Police of Ukraine, Ihor Klymenko.
Even NABU refused to open criminal proceedings against judges N. Huseva and N. Anisimova. (And this despite the fact that a criminal case on suspicion of fraud has been under investigation against judge Anisimova since 2017. falsification of documents and connections with the so-called DPR).
It turns out that in Ukraine, it is almost impossible to punish judges for making unjust decisions; as, in fact, it is impossible to bring to justice the heads of law enforcement agencies responsible for inactivity of subordinates, negligence or even clear excess of authority.
