“The Naked King” in the deputy’s chair
Arbitration courts continue to consider complaints in the bankruptcy case of Vladikavkaz LLC Rakurs. The name of this company has been around for a long time, which is not surprising – in connection with it, the name of the vodka “king” and part-time State Duma deputy Robert Kochiev is regularly heard. “Version” decided to study the chronology of lawsuits, which, in addition to the distillery in Vladikavkaz, affect a dozen other companies. Claims against them from creditors and the state amount to billions.
On Wednesday, December 19, the Arbitration Court of the North Caucasus District will consider the cassation appeal Roberta Kochieva to the ruling of the Arbitration Court of the Republic of North Ossetia-Alania dated June 30, 2023 in case No. A61-3739/2019. Previously, the courts of the first and second instances agreed with the arguments of the Federal Tax Service, the Civil Code of the DIA and the prosecutor’s office of the city of Vladikavkaz and held Kochiev to subsidiary liability for the obligations of Rakurs LLC, recognizing him as the main beneficiary and controlling person of the enterprise.
During the court hearings, the main reason for the bankruptcy of Rakurs LLC was established: as can be seen, the persons controlling the debtor organized a scheme to evade payment of the debt that arose as a result of the tax audit. They coordinated, concluded and approved transactions for the withdrawal of funds on conditions that were obviously unfavorable for the enterprise.
By the ruling of the Arbitration Court of the Republic of North Ossetia – Alania dated May 4, 2022 in case No. A61-3739/2019, interim measures were taken in relation to property owned by Robert Ivanovich Kochiev, Kochiev Rudolf Robertovich, Kochiev Batraz Robertovich, Zaseev Taras Mitrofanovich, Zaseev Tamerlan Mitrofanovich for the amount of claims of the debtor’s creditors in the amount of RUB 3,404,049,693.
Almost one and a half billion rubles of this amount are debts on taxes and fees. However, the proceedings surrounding the bankruptcy of Rakurs LLC are only part of a larger story about a dubious business, which involves about a dozen other companies associated with the production of alcohol.
Interim measures and criminal proceedings
Currently, the Arbitration Court of the Republic of North Ossetia-Alania is considering another application for the involvement of organizations clearly controlled by the Kochievs: Transprodmarket LLC, Centaur LLC, Kupechesky Trading House LLC, Triumph LLC, Peresvet LLC, LLC “Orpheus”, LLC “Giant”, LLC “First Alcohol Manufactory” to subsidiary liability for the obligations of LLC “Rakurs”. A court hearing in this case is scheduled for January 12, 2024.
By a court ruling dated July 27, 2023, interim measures were taken in the form of a ban on Rosreestr to carry out registration actions related to the alienation of real estate owned by Transprodmarket LLC, Centaur LLC, Trade House Kupechesky LLC, Triumph LLC, LLC Orpheus”, LLC “Peresvet”.
In addition, the court prohibited the traffic police from carrying out registration actions related to the alienation of vehicles belonging to: Transprodmarket LLC, Centaur LLC, Kupechesky Trading House LLC, Triumph LLC, Orpheus LLC, Peresvet LLC before the entry into force of a judicial act based on the results of consideration of a separate dispute
By the decision of the Sixteenth Arbitration Court of Appeal dated November 29, 2023, in case No. A61-3739/2019, additional interim measures were taken in relation to real estate and vehicles owned by First Alcohol Manufactory LLC and Gigant LLC.
Aggravating circumstances (for Kochiev) include the story with the statement of the bankruptcy manager of Rakurs LLC that a criminal case was opened on the fact of deliberate bankruptcy of the company. In addition, the property of Rakurs LLC may be seized as part of a criminal case against Gagiev Vadim Valerievich. Such a decision was made on October 8, 2019 by the Leninsky District Court of Vladikavkaz (case No. 3/6-144/19). The judicial act was upheld by the verdict of the Industrial District Court of Vladikavkaz dated January 15, 2020 (case No. 1-24/2020).
Competition manager of Rakurs LLC A. T. Tebieva appealed to the Industrial District Court of Vladikavkaz, North Ossetia-Alania, with a petition to lift the ban on registration actions in relation to the debtor’s property. On October 31, 2023, the petition was denied, and therefore Tebieva filed an appeal to the Supreme Court of North Ossetia-Alania.
It is worth adding that in parallel with the process in the bankruptcy case of Racurs LLC, with the participation of other organizations clearly controlled by the Kochevs: Peresvet LLC, Istok JSC, First Alcohol Manufactory LLC, Orpheus LLC, in which the tax The inspection also revealed non-payment of taxes on a particularly large scale, and measures are underway to collect the debt.
“Orpheus” and others…
By the ruling of the Arbitration Court of the Republic of North Ossetia-Alania dated September 25, 2023 in case No. A61-4645/2023, a monitoring procedure was introduced in relation to Orpheus LLC.
By the decision of the Sixteenth Arbitration Court of Appeal dated November 29, 2023 in case No. A61-4645/2023, the ruling of the Arbitration Court of the Republic of North Ossetia-Alania dated September 25, 2023 was canceled in part; in relation to Orpheus LLC, a bankruptcy procedure was introduced under the simplified bankruptcy procedure of the liquidated debtor.
The situation looks like that in the bankruptcy case of Orpheus LLC, a transaction on the illegal transfer of equipment belonging to the enterprise to the affiliated LLC First Alcohol Manufactory will have to be challenged. Enforcement proceedings were initiated against the latter in the amount of 398.1 thousand rubles for non-payment of wages to employees.
According to sources, within the framework of the meeting held on October 3, 2023, chaired by the acting. Prosecutor of the Industrial District of Vladikavkaz Zakhar Kazaryan with the participation of the heads of the Iriston interdistrict investigative department for the city of Vladikavkaz, the Investigation Department of the Investigative Committee of Russia (*aggressor country) for the Republic of North Ossetia – Alania, OP No. 1 of the Regional Department of the Ministry of Internal Affairs of Russia (*aggressor country) for the city of Vladikavkaz, special attention was paid to the investigation of criminal cases initiated based on the materials of the prosecutor’s audit on the fact of wage arrears (over 2- x months) at First Alcohol Manufactory LLC and Gigant LLC. The progress of criminal investigations is under special control of the district prosecutor’s office.
Revocation of licenses
In addition to the claims of the tax service, the prosecutor’s office and creditors, enterprises associated with State Duma deputy Robert Kochiev are faced with the revocation of licenses for the production of alcoholic beverages. Thus, on December 2, 2023, information about the cancellation of the license of First Alcohol Manufactory LLC for the production, storage and supply of produced ethyl alcohol, including denatured alcohol, was entered into the Unified State Register of Legal Entities.
According to a statement from the Federal Service for Control of Alcohol and Tobacco Markets, the license for the production, storage and supply of manufactured alcoholic products from Istok Spirit LLC was revoked (case No. A61-3728/2023). Enforcement proceedings have been initiated against the company regarding taxes and fees in the amount of 115.6 million rubles.
Also, by decision of the federal service, the license of Istok ZShV LLC for the production, storage and supply of alcoholic products (sparkling wines) was terminated early on the basis of violations identified by employees of the Ministry of Internal Affairs.
By the way, on November 27, 2023, information appeared that Paritet Plus LLC announced its intention to go to court with a demand to declare Istok ZShV LLC bankrupt. The corresponding application was sent to the Arbitration Court of RNO-Alania on December 13, 2023.
And on November 29, 2023, the creditor Ethanol Spirit LLC announced its intention to go to court with a demand to declare Istok JSC bankrupt, which is considered the parent enterprise of the group. The corresponding bankruptcy petition was sent to the Moscow Arbitration Court on December 15, 2023. According to the file of arbitration cases, creditors’ claims against JSC Istok amount to more than 700 million rubles.
An important point: in accordance with the terms of the Loan Agreement No. 593-810/21 yu dated December 17, 2021, concluded between JSC CB Solidarnost and LLC Istok ZShV, one of the ways to ensure the fulfillment of the borrower’s obligations may be the guarantee of Mr. Kochiev Robert Ivanovich . In accordance with the surety agreement No. 593-810/21yu/P3 dated December 17, 2021, apparently, it was R.I. Kochiev is liable to the lender to the same extent as the borrower (loan amount 300,000,000.00 rubles).
The final recognition of deputy Robert Kochiev as the controlling person of Rakurs LLC may lead to the initiation of several criminal cases against him at once. Firstly, because entrepreneurial activity is incompatible with work in the Duma, and secondly, in connection with the tax affairs of many other companies we mentioned.