For the second year in a row, the law enforcement and judicial system has prevented the investigation of a case related to the theft of property belonging to the public organization "Center for the Protection of the Disabled".
On November 9, 2021, at the request of Valeria Golova, criminal proceedings No. 12021162510001488 were initiated against the owners of Basari LLC and Kompromis SE regarding the seizure of corporate property.
But according to the lawyers of the injured party, this case was initiated without the composition of the crime, since excerpts from the ERDR show that Valeriya Holova never had the specified corporate rights.
It is worth mentioning that these companies own objects known to all Odessans — "Basari" LLC owns the "Kyivskyi" business center on Gretsky Square, and "Kompromis" owns the "Gretskyi" underground business center.
However, immediately after the opening of the criminal proceedings, Valeria 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 V.V. Ivanov issued a decree on the seizure of the corporate rights of companies "Galatea", "Basari", "Kompromis", which belong to the Center of Central Intelligence.
As is well known, the right for the victim to submit a petition for the seizure of property at the stage of pre-trial investigation arises only after the person is notified of the suspicion (at the same time, if there are grounds specified in Article 276 of the Criminal Procedure Code of Ukraine). But the investigative judge of the Primorsky District Court was satisfied with the request submitted by the Chairman V.O. civil action until the moment of delivery of such notice and the submitted petition for seizure of property. According to the lawyers representing the interests of the NGO "Center for the Protection of the Disabled", the real purpose of seizure of property was to prevent their return to the rightful owner after raiding and creating conditions for illegal re-registration of rights to it by third parties.
By the way, later all these procedural violations were established by the Odessa Court of Appeal and recorded in the Resolution dated 06.04.2022/522/22174 (case No. 21/1/522, proceedings No. 12014-ks/21/XNUMX/XNUMX).
In response, "CZI" filed a complaint with the Ministry of Justice. There, the case was considered by a special Anti-Raider Commission, and based on the results of its work, on December 24, 2021, the Ministry of Justice adopted Order No. 4677/5, (https://minjust.gov.ua/files/general/2021/12/30/20211230104237-49.pdf), which established that actions of a notary public Tatyana Dombrovska and subsequent registration actions illegal and should be canceled immediately.
It would seem that everything is very simple - there is a corresponding order of the Ministry of Justice, in order to execute it, all that remained was to register it with the state registrar and return the seized assets to the owners. However, it has been impossible to do this for a year now - the trick is that the Order cannot be carried out until the judicial attachment is lifted. In general, according to the lawyers we interviewed, this raid was organized very professionally, at a high level, and a clear plan was followed.
The order of the Ministry of Justice was transferred to the Primorsky Court of Odesa on January 4, 2021 — with the aim of restoring the violated rights of the CZI. A petition was submitted to Judge Ivanov to cancel the arrest imposed by him. Ivanov, who was considering this case, was required by law to remove the arrest within 72 hours (according to Part 2 of Article 174 of the Criminal Procedure Code of Ukraine). However, under various pretexts, the judge delayed the hearing of the case, which gave the raiders time to impose other arrests in various courts.
Only a month later, on February 7, the petition was considered, but even then the judge unjustifiably refused to grant it. Since then, the situation has been bogged down in endless criminal proceedings and courts - Ispanyuk, Katsuba, Agayev, Buzika and other people who participated in the legalization of stolen assets are applying to the courts to block the Order of the Ministry of Justice with pre-trial arrests and cancel it.
During the month that Judge Ivanov could not consider the petition, three new pre-trial arrests were imposed:
- On January 14.01.2022, 420, the pretrial arrest was imposed by the judge of the Odesa District Administrative Court Butenko O.V., case No. 518/22/XNUMX.
- On January 18.01.2022, 504, a pre-trial arrest was imposed by the judge of the Comintern District Court of the Odesa region N. V. Vinska, case No. 158/22/XNUMX;
- On January 18.01.2022, 492, pre-trial arrest was imposed by the judge of the Artsyz district court of the Odesa region Guseva N.D., case 25/22/XNUMX;
A complaint against judge Ivanov V.V., whose actions allowed the raiders to take advantage of time and impose new arrests, was submitted to the High Council of Justice, but due to the prolonged inactivity of this body, the complaint has not yet been considered. Also, an application against Judge Ivanov was sent to the National Anti-Corruption Bureau, but NABU refused to open a case based on this application.
In this way, the "Center for the Protection of the Disabled" will return its property could not again, since it is already superimposed on it new arrests.
As of August 2023 eight judges in different courts of Ukraine, based on fictitious lawsuits, issued illegal decisions and imposed pre-trial arrests on all seized assets and forbade the implementation of the Decree of the Ministry of Justice. In addition to the judges Ivanov, Butenko, Vinsk, and Gusev mentioned above, arrests were also made
- judge S. V. Stasyuk, Commercial Court of Kyiv, Case No. 910/2281/22;
- Judge Illeva T.G., Pechersky District Court, Kyiv, Case No. 757/21736/22-k;
- Judge Anisimova N.D., Belgorod-Dniester Court, Odesa Region, Case No. 495/7512/22;
- Judge O.V. Kotkov, Commercial Court of Kyiv, Case No. 910/11679/22.
The main problem lies in the fact that the process of appeals to "CZI" against imposed arrests in higher courts is quite slow. It takes about a year to remove one, and the raiders impose a new arrest in a week. The prosecutor's office also does not act, and plays on the side of the raiders, not fulfilling the order of the Ministry of Justice. Moreover, it was at the request of the Prosecutor General's Office, judge Illeva of the Pechersk Court, that one of the arrests was imposed on corporate rights. That is, even The Office of the Prosecutor General clearly prevents the execution of the Order of the Ministry of Justice.
In turn, EliteExpert appeals to everyone who has any information about the specified events or about the persons in question: information can be sent to the e-mail of the agency elitexpert.ua@gmail.com.
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