We continue investigate a complicated story about the legacy of the famous Odessa businessman Vadym Chorny. For almost two years now, law enforcement and the judicial system have not been able to solve this high-profile case related to the theft of the property of the public organization "Center for the Protection of the Disabled".
HOW TO CREATE A PROBLEM
In November 2021, Black's widow Valery Holova and his former assistant Serhiy Durach, with the help of the actions of a whole chain of notaries, re-registered, and, in fact, took away and resold the corporate rights to the property of "CZI".
In order to protect its rights, the Center for the Protection of the Disabled filed a complaint with the Ministry of Justice of Ukraine. The case was considered by a special Anti-Raider Commission. Based on the results of her work, the Ministry of Justice issued Order No. 4677/5, which decided that the actions of notaries were illegal and that all registration procedures performed by them should be canceled.
It would seem that everything is very simple - there is an Order of the Ministry of Justice, which must be registered with the state registrar in order to return seized assets to their rightful owners. However, the court, for formal reasons, annuls the decision of the Ministry of Justice. Let's find out why this happened.
In their decisions, the judges of the Economic Court of Kyiv Serhiy Stasyuk and Oleksandr Kotkov were guided by the fact that the Anti-Raiders Commission (under the Ministry of Justice) should not have considered complaints from the plaintiffs, since the courts at that time were considering cases with the same participants and on the same grounds.
However, the lawyers of "CZI" are sure that the parties and grounds in the mentioned cases are not identical. And this is only a scheme of the opponents, which allows to delay the case.
THE ESSENCE OF THE SCHEME IS A LIFE HACK FOR RAIDERS
The day before the meeting The anti-raider commission, which considered the complaint of the "Center for the Protection of the Disabled", Serhiy Durach's co-habitant, Yuliya Zarichanska, filed a lawsuit with the Primorsky District Court of Odesa, to which she challenged the resale of corporate rights to the property of "CZI", carried out by her co-resident.
In her lawsuit, Yuliya Zarichanska claimed that she and Serhii Durach had been running a joint household since 2000, lived together, therefore the company, whose owner is listed as Durach, is jointly acquired property. And, allegedly, all legal actions taken by him on behalf of the company were illegal without the legal consent of his wife.
The "collapse" of courts according to the "Zarichanska method" is often used in Ukrainian judicial practice, this scheme can already be considered systemic. And, unfortunately, it was used more than once in the distribution of Vadym Chorny's inheritance.
So, 14 February 2022 of the year another possible participant in the scheme of legalization of assets of "CZI", Volodymyr Agayev, submits a lawsuit to the Economic Court of Kyiv with a request to declare this Order No. 4677/5 of the Ministry of Justice of Ukraine, issued on the basis of the Decision of the Central Collegium of the Ministry of Justice of 15.12.2021, as illegal and annulled.
As a basis for recognizing the Order as illegal, Agayev noted that he was not invited to the meeting of the Collegium of the Ministry of Justice and that December 14 2021 year Primorsky District Court of Odesa opened case 522/23860/21 on the claim of Yuliya Zarichanska, which allegedly indicates an existing dispute between the same parties and on the same issues that were considered by the Ministry of Justice.
Lawsuits in support of Agaev's demands were also filed by other possible participants in the scheme —Taras Ispanyuk and Ruslan Katsuba.
18 February 2022 of the year judge Serhiy Stasiuk opened proceedings on this claim. In turn, the Ministry of Justice also responded to this lawsuit and sent its objections to the claim for the existence of a dispute on the same grounds.
The Ministry of Justice of Ukraine noted that the legal proceedings opened based on Zarichanska's claim are not identical to the complaint from TZI, which was considered by the Anti-Raider Commission of the Ministry of Justice, and therefore Order No. 4677/5 was issued legally:
Thus, the Ministry of Justice took a clear position - Zarichanska's lawsuit cannot be the basis for declaring the Order invalid!
Despite the obvious facts, 23 Worm 2022 Rock judge Sergiy Stasyuk satisfied the claim Agaeva and imposed a pre-trial arrest for the execution of the Order of the Ministry of Justice. According to the judge's position, "implementation of the Order of the Ministry of Justice will significantly complicate the effective protection or restoration of contested rights."
Of course, this decision was appealed, and September 7, 2022 it was canceled By decision of the Northern Court of Appeal of Kyiv.
However, judge Stasiuk On September 26, 2022, he re-imposed the ban in compliance with the Order of the Ministry of Justice:
By the way, the scheme with the lawsuit will be run over several times in this complicated case. Example, Taras Ispanyuk, on behalf of your company Ltd "Largent" also filed a lawsuit with the Economic Court of Kyiv for the cancellation of Order No. 4191/5 of the Ministry of Justice of Ukraine. The claims were again based on the fact that the Order is illegal due to the lack of authority of the Ministry of Justice to consider the complaint from "CZI" - thanks to the same "identical" case of Zarichanska.
As a result, the judge of the Supreme Court Oleksandr Kotkov also satisfied the application of Ispanyuk and v July 2023 prohibited the implementation of Order No. 4191/5 of the Ministry of Justice of Ukraine.
In this way, cases about the inheritance of Odessa businessman Vadym Chorny are systematically "drowned" in endless criminal proceedings and courts - and Ispanyuk, Katsuba, Agayev and other people who participated in the legalization of the "stolen" assets of the deceased businessman continue to appeal to the courts with new and new lawsuits
We will remind that the judges in their decisions referred to Clause 4 Part 8 of the Law of Ukraine "On State Registration of Rights to Immovable Property and Their Encumbrances", which states that "The Ministry of Justice of Ukraine and its territorial bodies refuse to satisfy the complaint, if there is information about judicial proceedings in connection with a dispute between the same parties, on the same subjects and grounds».
At the same time, the lawyers of the public organization believe that this provision of the law is absolutely inapplicable in this case, since the legal proceedings opened on Zarichanska's claim are not at all identical to the complaint of the Center for the Protection of the Disabled.
"CZI" hopes that the court will still consider their case strictly within the framework of the law and issue an objective verdict.
Olena Ovchinnikova, Oleksandr Shorokhov
