Even a full-scale war could not destroy the epidemic of raiding, which has been flourishing in Ukraine for many years and enjoys, according to society, tacit support from law enforcement agencies.
In some cases, this happens so defiantly and demonstrably that even the orders of the Ministry of Justice of Ukraine and the personal signature of the Minister of Justice do not mean anything at all, and the Office of the Prosecutor General takes one side of the conflict, as a result of which the courts begin to make strange and ambiguous court decisions. One such case will be discussed below.
On November 9, 2021, at the request of Valeria Golova, criminal proceedings No. 12021162510001488 were initiated against the owners of LLC "Basari" and SE "Kompromis" regarding the acquisition of corporate rights.
According to the attorneys of the injured party, case No. 12021162510001488 was initiated without the composition of a crime, as the excerpts from the ERDR show that the Chairman never had the specified corporate rights.
However, immediately after the opening of the criminal proceedings, Golova appealed to the court with a demand to impose a seizure on property rights, and already on November 19, the judge of the Primorye Court issued a corresponding decision. A week later, on November 26, Poltava notary Tetiana Dombrovska changed the owners of corporate rights, after which, within a few days, about fifteen more registration actions were carried out with them. As a result, they were resold to second, third, and fourth parties.
In response, the injured party appealed to the Ministry of Justice of Ukraine, where the case was considered by a special Anti-Raider Commission. Based on the results of her work, the Ministry of Justice issued Order 4677/5 dated December 28, 2021, signed by the Minister of Justice Denys Malyusyka, stating that the notary's actions and subsequent registration actions were illegal.
At the same time, the notary Tetiana Dombrovska, whose signature is on the re-registration of corporate rights, testified during the interrogation that she did not make this agreement. According to her, "registration actions on her behalf on 26.11.2021 were committed "fraudulently"; moreover, she asked the court to strike them down as fake.
Meanwhile, in order to cancel the Order of the Ministry of Justice, the opposing party appealed to the courts.
However, while the judges are considering this lawsuit in the Commercial Court, on August 25, 2022, investigating judge of the Pechersk Court, T. Illeva, at the request of the Prosecutor General's Office, imposed a seizure on corporate rights, thus prohibiting the execution of the Order of the Ministry of Justice of Ukraine.
In connection with this, the request of the injured party to remove the arrest from the property is being considered by judge O. Sokolov in case No. 757/16703/23-do in the Pechersk Court of Kyiv.
It should be noted that according to the lawyers who represent the interests of the NGO "CIS", the Office of the Prosecutor General thus clearly prevents the implementation of the Order of the Ministry of Justice.
Elitexpert intends to follow all the vicissitudes of this high-profile court case.
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.
