Vadym Chornyi died in 2020. Since then, articles have often appeared in the mass media about the fact that relatives allegedly robbed his widow, and raiders seized the property of the Odessa businessman's public organization. Mutual insults and threats are pouring in from all sides. Even we, investigative journalists, who took an interest in this complex topic, after publishing several articles, were accused of being involved and spreading fakes. We decided to look deeper into this situation in order to find out exactly what inheritance Black left behind, and to whom it belonged. Therefore, first of all, they turned to his relatives for comments.
ARGUMENTS OF RELATIVES
The heritage in question (a pair of Odessa hotels, apartments, shopping centers and other commercial real estate objects) is valued at over 130 million hryvnias and is on the balance sheet of several legal entities created at different times by Vadym Chorny.
Here is a list of these organizations at the time of the businessman's death:
1. Private enterprise "Dagda-2013"
2. "Ashram" Limited Liability Company
3. "Basari" Limited Liability Company
4. Subsidiary enterprise "Kompromis"
5. Non-governmental organization "Center for the Protection of the Disabled"
6. Subsidiary enterprise "Galatea"
According to the widow, Valery Golovy , the confusion with this property and the companies to which it was registered began during Vadim's lifetime. Allegedly, back in December 2016, the private enterprise "Dagda-2013", in which he was a co-founder, "fictitiously" sold the corporate rights of several of its objects - the limited liability company "Basari" - to the public organization "Center for the Protection of the Disabled" (the amount of the transaction - 129 million 670 749 hryvnias) and the subsidiary "Kompromis" (amount of the deal - 1 million 218 500 hryvnias).
The payment was supposed to be made within a month from the moment the documents were signed, but by 2021, the funds under the specified contracts had not been paid. Valeria Holova claims that, being the wife of Vadym Chorny, she did not even give her consent to the conclusion of the said contracts.
And since, according to her, the NGO "Center for the Protection of the Disabled" did not fulfill its obligations regarding the payment of the value of corporate rights, as stipulated in the contractual terms, in fact the contracts for the purchase and sale of corporate rights were terminated, and the rights to the property of "Basari" and "Compromise" remained in "Dagda-2013".
Valery Holova also insists that the additional agreements to the above-mentioned contracts found as a result of investigative actions in 2021 were forged already after the death of Vadym Chorny, which was shown by the commissioned examination.
It should be noted that according to these additional agreements found, the sale of corporate rights was still carried out - but for amounts a hundred times smaller (in particular, the corporate rights of Basari LLC were reduced from UAH 129 million, 670 to UAH 749 UAH)!
In turn, the brother of the deceased Arkady Black, who is accused by some media of illegally taking possession of an unfortunate inheritance, claims that everything that Vadym Chornyi owned was quite legally registered under the NGO "Center for the Protection of the Disabled".
"When Vadim left, there were four founders left in the CZI: his mother E. Glikberg, brother A. Chorny, relative L. Sirota and assistant S. Durach. At the first general meeting of the NGO, after his death, they elected me as the director and included Valery Golova as one of the founders of the organization» , Arkady Chornyi said. According to him, Vadym Chornoy's assistant Serhiy Durach, who was also a co-founder of the NGO "Center for the Protection of the Disabled", caused a scandal at this meeting, indignant that he was not chosen as the director of the organization.
In general, the founders of the Central Institute of Social Sciences held the position that everything owned by the public organization should go to the legal heirs of Vadym Chorny.
"I am not the owner of this property, - says the brother of the deceased, - my executive role is to ensure the functioning of the public organization to which it belongs. The further fate of the inheritance should be determined by the direct relatives of the deceased - Vadim's mother, wife and children. But in connection with the raider seizure of the property of the CZI NGO, which took place in 2021, I now have to fight with the raiders to restore justice."
POSITION OF ATTORNEYS
Lawyers in inheritance cases, to whom we turned for clarification, also confirmed that the corporate rights to the property belong to the public organization Vadym Chorny "Center for the Protection of the Disabled".
Where did the long property dispute and accusations of raiding come from?
Lawyer of the NGO "Center for the Protection of the Disabled" Oleksandr Berezhny believes that the cause of the dispute lies in the desire of some outsiders to take away the corporate rights to his organization from the legal heirs of Black.
According to the lawyer, Valeria Holova's statement that the contracts for the purchase and sale of corporate rights were terminated is false, since the contract can be recognized as terminated only by agreement of the parties or by a court decision. "We claim that all obligations under the contracts of 2016 have been fulfilled, and now the Commercial Court of Odesa is considering cases that should finally close these issues," Berezhny says.
WAS IT A BOY?
As we can see, the main stumbling block that divided Vadym Chorny's heirs was a formal contract between his own enterprises, drawn up by the businessman a few years before his death. In the certificate provided to us by the representatives of Valeriya Holova and Serhiy Durach, the emphasis is on "fictitious signatures and forged documents":
However, the second party also claims that in March 2021 original documents and computers were stolen from the office of the NGO "Tszi".
"On this fact, a criminal case was initiated, and, according to the testimony of eyewitnesses, Serhiy Durach personally participated in the theft," — the lawyers of the organization claim.
Regarding the additional agreement to the contract mentioned by the Chairman, lawyer Berezhny claims that it previously appeared in the case in the form of a copy, and the original was found only recently, after which the investigation declared it fake and accused the public organization of forging documents.
"The facts indicate that this document, which is really fake, could have been illegally inserted into the case file by police officers, and that it was fabricated not by the Central Intelligence Agency, but by another party. A criminal case has also been opened for this fact, which is currently being investigated by the SBI, and the investigation is ongoing. I hope that the investigation will establish how this document appeared among the evidence and who made it," — said the lawyer.
CHRONOLOGY OF EVENTS
After comparing the arguments of the parties, ElitExpert conducted its own investigation and compiled the following chronological chain:
2016 - 2020
All property Vadym Chornoy is at the disposal of the public organization "Center for the Protection of the Disabled" founded by him.
December 2020
Vadim Chornyi is dying
January 2021
At the general meeting of the NGO "Center for the Protection of the Disabled" Valery Holova is introduced to the composition of the founders of the organization, a Arkady Black is appointed by the executive director of the Central Institute. It is important that at this moment all corporate rights to LLC "Basari" and SE "Kompromis" belong to the "Center for the Protection of the Disabled". Serhiy Durach he goes to the opposition at the meeting and does not agree with the fact that he is not the new director.
March 2021
fool і Head are preparing their own minutes of the general meeting of the Central Institute of Technology, at which Durach is appointed as the director.
There is a theft of documents in the office of the Center for Internal Affairs and Communications. Eyewitnesses claim that he is involved in this fool .
November 9, 2021
Valery Holova appeals to the law enforcement authorities with a statement about the theft of the corporate rights of LLC "Basari" and SE "Kompromis".
November 19, 2021
After initiation of criminal proceedings, Valery Holova applies to the court with a demand to impose an arrest on disputed property rights. Judge of the Maritime Court V. Ivanov makes a decision on the seizure of corporate rights of the companies "Galatea", "Basari", "Kompromis" belonging to the CZI.
November 26, 2021 15:10
Notary of Myrhorod district notary district of Poltava region Tetyana Dombrovska outside its notarial district, re-registers the corporate rights of LLC "Basari" and SE "Kompromis", which belonged to the "Center for the Protection of the Disabled" - to PE "Dagda-2013". At that time, the owners of "Dagdy-2013" are - Serhiy Durach and Valery Holova.
Later, notary T. Dombrovska will state that she did not fulfill this agreement
November 26, 2021 17:00
Notary Olga Yankovska certifies signatures A fool and Heads on Minutes No. 17 of the General Meeting of the PP "Dagda-2013", at which the decision is made sell corporate rights LLC "Basari" (Gretska Shopping Center and a dozen apartments) Taras Ispanyuk for 15 thousand hryvnias. Despite the fact that the real value of these rights is 129 million hryvnias!
The same day November 26, 2021
Notary Yankovska also certifies signatures A fool and Heads on Minutes No. 18 of the General Meeting of PP "Dagda-2013", at which a decision is made on change of director "Compromise" - a new director is appointed Ruslan Katsuba.
The same day November 26, 2021
Odesa notary Iryna Bilous the signature certifies Taras Ispanyuk on the decision of "Basari" LLC to change the director (Ispanyuk himself is appointed by him) and registers it in the state register as the beneficial owner of "Basari".
We emphasize that all these notarial manipulations take place within a few hours on November 26, 2021!
27 November 2021 p.
The following registration actions are carried out: notary public Belous registers Katsubu Director of Kompromis, a Spanish girl - the director of "Basari". In this way, the corporate rights belonging to the Central Institute were finally taken away from the public organization, re-registered to new owners and legalized!
December 2021
In order to renew your rights "Center for the Protection of the Disabled" appeals to the Ministry of Justice of Ukraine, where the case is considered special Anti-Raider Commission.
December 24, 2021
Department of Justice gives out Order No. 4677/5, which establishes that the initial actions of the notary public Tatiana Dombrovska and subsequent registers are illegal and should be abolished. At the same time, Dombrovska's notary, whose signature is on the document of re-registration of corporate rights, himself claims that he did not do this. According to her, registration actions on her behalf on November 26.11.2021, XNUMX were committed "fraudulently", moreover, she asked the court to cancel them as fake.
The opposite party does not agree with this decision, and legal proceedings have begun, which have been going on for two years.
The order of the Ministry of Justice is contested on formal grounds: V. Agayev, who was issued a mortgage and in connection with the lawsuit of the common-law wife of Durach-Yu.Zarichanska, was not summoned to the meeting of the Anti-Raiders Commission, since the Anti-Raiders Commission does not have the right to consider complaints if a similar dispute is being considered in the courts.
PAWNS IN SOMEONE ELSE'S GAME
Now Serhiy Durach filed lawsuits in the Commercial Court with the aim of returning the rights of LLC "Basari" and SE "Kompromis", and Valeriya Holova proves that her corporate rights were illegally seized. But there are still many questions regarding their actions:
1. Why, an hour after the notary Dombrovska reissued the corporate rights of the enterprises to Serhii Durach and Valery Holova, they sold them for only 15 thousand hryvnias?
2. We remember that the value of this property is UAH 130 million, why were Serhiy Durach and Valeriya Golova in such a hurry to resell it at a price a thousand times lower than the real one?
3. Why didn't they start owning the specified property and making a profit?
The answers to these questions become obvious if we hypothetically assume that the Ukrainian investigation and the court still have to prove - "a well-planned and comprehensively secured raider seizure was carried out in relation to the public organization "Center for the Protection of the Disabled", in which Cherny's widow and former assistant played far from the main roles" .
Then the position of the Chairman and the Fool, who would turn from heirs to accomplices in crime, would immediately become clear.
Then the formal position of the new owners of Basari LLC and Kompromis SE, Taras Ispanyuk and Ruslan Katsuba, would be clear.
Then the fictitiousness of the purchase and sale contracts of the enterprises, according to which Messrs. Ispanyuk and Katsuba became the owners of property worth UAH 130 million, having "paid" only UAH 15 for it, would be confirmed.
But these claims are worthless without evidence. Unfortunately, law enforcement agencies are in no hurry to investigate this crime.
WHAT IS THE BOTTOM LINE?
As a result, as of today, The multimillion-dollar inheritance of businessman Vadym Chorny does not even belong to his children - everything is issued to third parties who have no family ties to the deceased .
Vadym Chorny's natural mother, also a direct heiress, takes a clear position in this property dispute - she wants only one thing: that the property be returned to the family and belong to her grandchildren, and not to strangers.
Currently, the matter is with the law enforcement officers. It should be noted that he is being investigated by the best Ukrainian law enforcement agencies, including the Main Investigative Department of the National Police and the Prosecutor's Office. Due to their capabilities and professionalism, the investigation of the case, the main materials of which are notarized and are in the state registers, should not have taken even two months. However, law enforcement officers have not been active for two years. They are not just lazy, but even pass resolutions on refusal to conduct investigative actions, provide false information in procedural documents, do not respond to petitions, and refuse to open criminal cases.
The heirs can only believe in the Rule of Law and wait for the final decision from the high-ranking officials of Themis — because only they have the power to bring this high-profile case to its logical conclusion and punish the guilty.
Olena Ovchinnikova, Oleksandr Dobronravov
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