Recently, information appeared in the mass media that the Ministry of Defense lost a plot of land in Odesa. This fact is given scandal by the fact that the land of the Ministry of Defense allegedly became the property of a citizen of the Russian Federation.
The accusations are really serious, therefore, in order to thoroughly understand this case, we studied dozens of documents submitted by the parties, finding out that the situation looks completely different from what is presented in the media.
Let's start with the fact that several years ago, the prosecutor's office filed a lawsuit in this regard, but the Supreme Court refused to grant it. Now another prosecutor's office, of a lower level, is making a new attempt to "spin" this case.
In fact, the agreement in question was carried out back in 2004 - and on completely legal grounds— the case contains a notarized power of attorney issued by the Minister of Defense.
The property complex, located on the street Promyslova 37 in Odesa (note that we are talking about a property complex, not a plot of land) was not donated, not seized, but rather sold. The buyer, "Basco" LLC, bought the object, and the seller, represented by the Ministry of Defense, received money for it in the amount of its market value.
Then, in 2008, part of the property was transferred to the ownership of PE "Atlant".
As for the fact of selling the object to a citizen of the Russian Federation, which during the war is practically equivalent to treason, this is pure manipulation.
According to the information from the Register, the "Atlant" company is completely Ukrainian, registered under Ukrainian legislation, and its the ultimate beneficiary is not a citizen of the Russian Federation, but a citizen of the United States of America.
POSITION OF THE PROSECUTOR'S OFFICE
Note that all the statutes of limitations in this case have passed, and the topic could be closed already at this stage. However, there is a legal case here - according to the legislation, the court is obliged to refuse the claim if the statute of limitations has expired, but it has no right to refuse to accept such a claim for consideration.
What is the prosecution's claim based on? The department claims that the head of the Central Department of the Ministry of Defense, Dmytro Isayenko, did not have the right to sign the sales contract on the part of the Ministry of Defense, as his mandate to sign such documents was revoked.
However, the available documents convincingly prove that the power of attorney was still valid for a year and a half after the agreement — until April 2006!
The notary, who assured the power of attorney and later canceled it, provided information that the Ministry of Defense asked her to cancel the power of attorney only on April 01.04.2006, XNUMX. The power of attorney register also proves this.
Therefore, the transaction was carried out in full compliance with the law, which is confirmed by its complete transparency.
Moreover, for two decades after the sale of the facility, the Ministry of Defense made no attempt to challenge it in court, indicating that the military department agreed with the terms of the sale agreement. Over these decades, the Ministry of Defense has repeatedly conducted checks and inventories of immovable property, which recorded that the mentioned object is no longer in their possession.
In particular, the State Property Fund officially announces that already in 2006, in the list of property provided to the Fund by the Ministry of Defense, real estate object on the street Promyslov, 37/2 in Odesa, was not there. That is, to the Ministry was known about the fact that this property fell out of his ownership.
Thus, it can be stated that the Ministry of Defense in 2004 gave its consent to the alienation of the real estate object belonging to it, absolutely officially — and from that time did not consider that this property belonged to them. The Ministry of Defense itself did not file a lawsuit in court in this regard and only the prosecutor's office for some reason is trying to get into this case, once again initiating legal proceedings against the NGO "Basco" and PP "Atlant".
NON-PAYMENT OF THE COURT FEE
It is interesting that the lawsuit was filed by prosecutors on the same grounds and facts as before. A new aspect is related to the assessment of the value of the object. The prosecutor's office claims that the value of this property is 697 thousand hryvnias, as in the 2004 agreement. But in 20 years, it has increased in price a lot - according to the official assessment of the property complex for December 2022, its value is already exceeds 9 million hryvnias.
In this context, it should be noted that, despite the significant discrepancy in estimates, the prosecutor's office, acting as the plaintiff, paid a court fee of only 10,5 thousand hryvnias, which is 1,5% of the cost of 697 thousand hryvnias.
In turn, "Basco" turned to the court with a request that the prosecutor's office pay a court fee of 145 thousand hryvnias, based on the current value of the property at the time of filing the lawsuit. However, the court rejected this demand, which already indicates that the prosecutor is given an advantage over other persons and may in the future raise questions about the transparency and fairness of the judicial process.
STRANGE AFFAIRS
The inexplicable interest of the prosecutor's office in reopening this case raises many questions — especially considering that the Basko company belongs to the mother of Vadym Chorny, whose business was attacked by raiders after his death.
Therefore, it cannot be ruled out that this activity is associated with new attempts by raiders to achieve their goals. Perhaps they are looking for new ways to implement their plans, including trying to "resurrect" long-closed and unpromising court cases against their opponents. So it is quite likely that the noise raised in the media is part of the raiders' larger plan to seize another enterprise owned by the Black family.
