Alfa-Bank removed the arrest from the property it bought from Prominvestbank
The investigating judge of the Pechersky District Court of Kyiv granted the petition of Alfa-Bank and canceled the arrest imposed by the decision of this court dated 07/13/2022 on two real estate objects (with an area of 5866.2 m2 and 10807.7 m2) as part of a criminal case (on the sale of real estate by Prominvestbank for Alfa-Bank in 2019), writes Finbalance. Thus, Alfa-Bank removed the arrest from the property.
According to court materials, the prosecutor did not object to the removal of the arrest from the specified real estate.
The factual basis for this is not specified. At the same time, the judge referred to the norm of the Criminal Procedure Code to a norm that “links the right of the investigator judge to cancel the arrest of property with the possibility of providing participants in the process with evidence and information indicating that the arrest was imposed unreasonably or there was no need for its application” (quote) .
At the same time, the investigator judge refused to release the arrest from other real estate objects (with an area of 2722.8 m2, 321.9 m2, 3892.6 m2), which were also seized by a court ruling of 07/13/2022 (with the prohibition of the right of alienation and disposal).
The judge made such a decision on the basis that “at this stage of criminal proceedings, the petition to cancel the arrest is premature and the needs of the pre-trial investigation justify such interference with the rights and interests of the property owner in order to prevent the alienation, destruction or damage to property, which may interfere with criminal proceedings. (quote).
As Finbalance wrote, on August 19, 2022, the Pechersky District Court of Kyiv granted the request of the Office of the Prosecutor General and transferred three real estate objects (with an area of 2722.8 m2) to the National Agency for the Identification, Search and Management of Assets Obtained from Corruption and Other Crimes (ARMA), 321.9 m2, 3892.6 m2), which were seized by a court ruling dated July 13, 2022, as part of criminal proceedings No. 1202200000000000303 (on the sale of real estate by Prominvestbank in 2019 for Alfa-Bank).
Before that, on 07/13/2022, the Pechersky District Court of Kyiv granted the petition of the Office of the Prosecutor General and, within the framework of the above-mentioned criminal proceedings No. 120220000000000303 of 04/15/2022, seized real estate objects belonging at the address: Kyiv, Tarasa Shevchenko lane, 12 (Shevchenkovsky district), with a total area of 5866.2 m2; , 10 (Shevchenkovsky district), with a total area of 10807.7 m2;
– non-residential building at the address: Kyiv, Turgenevskaya street, 52/58, with a total area of 2722.8 m2;
– pavilion at the address: Kyiv, Sofiyivska street, 5, with a total area of 321.9 m2;
— Non-residential building at the address: Kyiv, Chornovola street, 8 (lit. B), with a total area of 3892.6 m2.
In addition, on July 29, 2022, the court seized
– a residential building with a built-in non-residential premises at the address: Kyiv, Shevchenko Taras lane (Shevchenkovsky district), building 8-B, letter A, with a total area of 3142.6 m2 (Alfa-Bank resold this asset for Westerfel LLC );
– non-residential premises – a bank branch at the address: Kiev, Kutuzov (General Almazov) street (Pechersky district), house 18/7, letter B, with a total area of 2160.6 m2 ( Alfa-Bank resold this asset for LLC » Almaz-Invest» and LLC “Brilliant Investment”.
Also, an arrest was made on the administrative building of the bank's branch at the address: Odessa region, Odessa, Pushkinskaya street, 36, with a total area of 6759.3 m2 (the owner was the private enterprise “Rozan Brokservis”).
07/29/2022 the court still seized
— a non-residential building at 7, Yaroslavov Val Street, Kyiv, with a total area of 1456 4 m2 (as noted, Alfa-Bank resold this property for Golden Gate 7 LLC).
– for the Prominvestbank facility at Lviv, Academician V. Gnatyuk, 2 with a total area of 1996.2 m2 (owned by ZNIKIF Loudstar JSC).
According to court materials, the investigators found that Prominvestbank officials embezzled the bank's property on an especially large scale “in favor of economic entities with ultimate beneficial owners in the territory of the Russian Federation” (quote).
As noted, the Resolution of the Board of the NBU No. 115/BT dated February 25, 2016 “On the approval of the capitalization program of Prominvestbank PJSC based on the results of its diagnostic examination” established the requirement to alienate assets only after agreement with the National Bank.
However, Prominvestbank alienated assets without the consent of the NBU.
So, according to the protocol No. 36 dated 16.08.2019 of the meeting of the Supervisory Board of Prominvestbank, it was decided to sell 75 real estate objects of the bank in the territory of Kyiv and regions of Ukraine for the amount of 1 59 billion UAH, or 60.6 million dollars in favor of Alfa-Bank.
“The alienation of these assets was carried out at a price significantly lower than the market price, which caused significant damage to Prominvestbank PJSC and led to state losses in connection with the subsequent classification of the said bank as insolvent,” the ruling of the Pechersky District Court of Kyiv said. dated 13.07.2022.
25.02.2022, the Board of the NBU adopted decision No. 90-rsh/BT “On the revocation of the banking license and liquidation of PJSC Prominvestbank”, and the DGF then proceeded to liquidate this bank.
The context of how Alfa-Bank lifted the arrest
As Finbalance wrote, on October 25, 2022, the Shevchenkovsky District Court of Kyiv granted the request of the Bureau of Economic Security in the framework of criminal proceedings No. ABH Ukraine Limited.
As noted, on October 03, 2022, the court seized the indicated trademarks.
Quote from court materials:
The pre-trial investigation of the said criminal proceedings established that the officials of Alfa-Bank JSC, acting deliberately, by prior agreement with persons unidentified by the pre-trial investigation, controlling the activities of non-resident companies of Ukraine ABH Ukraine Limited (Republic of Cyprus), Alfa-Bank JSC ” (Russian Federation), as well as a resident of Ukraine JSC Alfa-Bank, in the period from 10/27/2021 to 02/03/2022, deliberately evaded paying tax on income of a non-resident with a source of origin from the territory of Ukraine, payable in favor of a non-resident company ABH Ukraine Limited (Republic of Cyprus) by applying a reduced rate of taxation of non-resident income in the amount of 5% instead of 15%, which led to the actual non-receipt of funds in especially large amounts to the budget in the total amount of UAH 18,395,962.72.
Based on the results of the investigative actions, it was established that the owners of Alfa-Bank JSC, together with its officials, in order to carry out criminal
In August, it was reported that the shareholders of Alfa-Bank, during a remote meeting, decided to rename the financial institution to Sense Bank JSC ( Sense Bank).
As Finbalance wrote, the loss of Alfa-Bank for three quarters is UAH 4.32 billion.
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