On 12/13/2022, the Pechersky District Court of Kyiv refused to satisfy the complaint of the liquidator of the Khreshchatyk bank against the decision of the National Police investigator dated 03/06/2020 on the closure of criminal proceedings No. “Khreschatyk” with the property of the specified banking institution on a particularly large scale and bringing the bank to insolvency, as well as possible fraudulent actions committed by officials above the specified bank, which caused significant damage” (quote), writes Finbalance.
According to court materials, also during the pre-trial investigation, the circumstances of the repayment of the credit debt of Meredian-invest LLC, Adaptation Realty Group LLC, Conversion LLC, Stroykonstruktsiya LLC, Afan-Invest LLC, Agrofirma Roza PJSC were investigated , LLC “Cooper Price” at the expense of receipts from the municipal enterprises of Kyiv to their accounts of financial assistance, “the sources of which are not confirmed and are not typical for the main activities of communal property” (quote).
As stated, “in accordance with the conclusion of the commission forensic economic examination No. 19/13-2/120-SE/18 dated 11/19/2017, carried out by the specialists of the State Research and Design Institute for Economic Inspection, conclusions regarding the deliberate proof by officials and owners of PJSC “KB” Khreschatyk “to insolvency and the facts of the illegal withdrawal of highly liquid collateral from the bank are not confirmed “(quote).
Another quote by the decision of the Pechersky District Court of Kyiv dated December 13, 2022:
“The evidence of the applicant [FGVFL] that the specified expert opinion is inadequate evidence is untenable, since the investigators assessed this evidence in the course of the pre-trial investigation in conjunction with other collected evidence and established circumstances.
The investigating judge considers justified the conclusion set out in the appealed decision about the lack of intent in the actions of the shareholders and officials of PJSC CB Khreschatyk to seize the property of the said banking institution and bring it to insolvency, for mercenary motives or other personal interest, and, the lack of composition criminal offenses under Part 5 of Art. 191, part 3 of Art. 209, part 2 of Art. 190, part 2 of Art. 191, Art. 218-1 of the Criminal Code of Ukraine.
Thus, the decision of the investigator to close criminal proceedings on the fact of committing a criminal offense under Part 2 of Art. 205 of the Criminal Code of Ukraine, taking into account the grounds for closure, is legal and reasonable.”
Context
As Finbalance wrote, in 2018, the NABU carried out a pre-trial investigation in criminal proceedings No. 520170000000000202 at the request of the FGVFO on the fact of a possible commission of a criminal offense by officials of the Khreschatyk bank, namely, about the fact that 04. debts of enterprises associated with the shareholders of the bank and how a consequence of the release of liquid property from the pledge (property complexes and land plots).
A criminal offense is seen in the fact that the funds transferred in the form of financial assistance to 24 utility companies to the account of the Municipal Enterprise “Financial Company Zhile-Invest” were sent to the accounts of LLC “KUA Avalon” and PrJSC “Agrofirm Roza” with the purpose of payment “payment for an apartment » [we are talking about more than 300 million hryvnia, — ed.]. Further in April 2016, LLC KUA Avalon and PJSC Agrofirm Roza, received from the SE Financial Company Zhile-Invest, transferred funds to the accounts of other legal entities directly or through a series of financial transfers, which, in turn, were withdrawn from PJSC KB Khreschatyk property, in particular, liquid collateral, through which in the future it would be possible to secure the requirements of depositors, ”the decision of the Solomensky District Court of Kyiv said.
According to the KP “Financial Company Zhile-Invest”, the fact that its funds transferred for the purchase of apartments in LLC “AMC Avalon” and PJSC “Agrofirma” Roza “in the chain of settlements carried out by LLC “AMC Avalon” and PJSC ” The Roza agricultural firm, later unknown third parties repaid the debt obligations on the Khreschatyk Bank loans and removed the mortgage property from the pledge, cannot testify that the apartments of the Zhilye-Invest Financial Company in Kyiv, on Vyshgorodskaya Street in house No. 45-B/1, could be “an instrument for committing a criminal offense that retained its traces or contains other information that can be used as evidence of a fact or circumstances established during criminal proceedings” (quote).
A representative of the utility company then emphasized that the apartments purchased were never mortgaged or otherwise burdened and the legal entities that sold the apartments to PJSC Agrofirma Roza and LLC AMC Avalon, as well as KP Financial Company Zhilische-Invest, which purchased these apartments, were not debtors of the bank.
In turn, the NABU detective emphasized that in April 2016, a number of utility companies “obliged, in accordance with the charters, directed their financial and economic activities to the implementation of the annual financial plan in order to receive the planned amounts of income and net profit, while avoiding non-production expenses, not provided for by the annual financial plan, transferred funds with the purpose of payments “return financial assistance”, “refund” to the current account of the MCUE “Financial company “Zhile-Invest”. After that, the Financial Company Zhilische-Invest MCUE transferred the funds received from the indicated communal enterprises, Roza Agrofirma PJSC and Avalon AMC LLC for a total amount of more than UAH 300 million as payment for the purchase of real estate objects – apartments over 150.
“The detective explained that, according to the decision of the investigating judge to seize the property, these apartments meet the criteria of Art. 98 of the Code of Criminal Procedure of Ukraine, that is, it is material evidence in this criminal proceeding, since the apartments for which the KKUP Financial Company Zhilye-Invest transferred funds from PJSC Agrofirma Roza and LLC AMC Avalon were the means of committing a criminal offense”, – stated in the court materials.
In December 2018, the court decided that the petition of KP “Financial Company Zhile-Invest” to cancel the seizure of property (including about 100 apartments belonging to the applicant) was unfounded, and the defense’s arguments about the need to remove the seizure were not proven” (quote ).
At the same time, the court, incl. took into account that the panel of judges of the Judicial Chamber for the Consideration of Criminal Cases of the Kyiv Court of Appeal, in its ruling dated June 11, 2018, “came to the conclusion that the investigator judge of the court of first instance seized the property” in accordance with the requirements of the Code of Criminal Procedure of Ukraine on the basis of properly investigated arguments investigation with the establishment of evidence available in criminal proceedings, indicating the validity of the suspicion of committing crimes” (quote).
According to court materials, among the municipal enterprises from the sphere of administration of the Kyiv City State Administration that transferred funds for the KKUP Financial Company Zhile-Invest, there were the following: KP for the construction of residential buildings Zhilinveststroy-UKB, KP Kyiv Metro, KP Kyivzhilspetsekspluatatsiya ”, KP “Road maintenance Department for the repair and maintenance of highways and structures on them in the Shevchenkovsky district of Kyiv”, KP for the maintenance of green spaces in the Dniprovsky district of Kyiv; KP “Spetszhilfond”; Kievzhilspetsekspluatatsiya, Kyiv City Bureau of Technical Inventory, KP Vecherniy Kyiv, Kyiv Crematorium, Revenue Collection and Accounting Service (a subdivision of KP Kievpasstrans), KP Kyiv Institute of Land Relations, KP TV Company Kyiv ”, “Institute of the General Plan of Kyiv”, “Kyivstroyrekonstruktsiya”, “Kyivvodokanal”, “Kyivreklama”, “Pharmacy”, “Kyivbeautification”, “Kyiv Investment Agency”.
According to the NBU, the territorial society of Kyiv, in the person of the Kyiv City Council, owned 25% of the shares of Khreschatyk Bank.
In addition, Andrei Ivanov, a partner of Vasily Khmelnitsky, was the owner of 37.4427% of the shares of Khreschatyk Bank, who publicly assured that in In 2015, he sold his share in Khreschatyk Bank for A. Ivanov.
“Ivanov is a decent person and the bank was not preparing for bankruptcy. He fought to the last to save him,” Khmelnitsky urged.
According to the DGF, as of January 1, 2019, Khreschatyk's depositors were paid compensation for UAH 2.74 billion (97.4% of planned payments) within the guarantee amount.
As Finbalance wrote, in accordance with the decision of the Shevchenkovsky District Court of Kyiv dated March 27, 2017, the Investigative Department of Financial Investigations of the State Fiscal Service carried out a pre-trial investigation into the bankruptcy of Khreschatyk Bank within the framework of criminal proceedings No. 32017100000000002 under article “”). As part of this case, investigations were carried out, incl. mentioned episodes studied by NABU detectives.
The ruling of the Shevchenkovsky District Court of Kyiv dated 03/27/2017 clarified that, according to the investigation, on 04/04/2016 (i.e. one day before the Khreschatyk bank was declared insolvent), the loan debt of Stroykonstruktsiya LLC to the bank was repaid in the amount of UAH 7 million , Mredian Invest LLC – by UAH 128.3 million, Afan-Invest LLC – by UAH 299.8 million and Conversion LLC (checking the involvement of officials in criminal activities is currently ongoing) – by 222.6 mln hryvnia
At the same time, as noted, the property of Center-Investresurs LLC (an integral property complex with an area of 10.9 thousand square meters and three land plots at the address Kyiv, I Mazepy St., 1), which was pledged under loans to LLC & #187; Stroykonstruktsiya, Mredian Invest LLC and Afan-invest LLC were released from encumbrance due to financial assistance from utility companies in Kyiv, incl. at the expense of funds received from the Municipal Commercial Unitary Enterprise Financial Company Zhile-Invest in the amount of about UAH 377 million. from communal enterprises of the Kyiv City State Administration, transferred for the acquisition of non-property rights to apartments from LLC AMC “Avalon” (management company “Rosa”) and PJSC “Agrofirma” Roza “”.
LLC AMC Avalon and PJSC Agrofirm Roza transferred all the accumulated funds (about UAH 672 million) on 04.04.16 in the form of financial assistance to LLC Stroykonstruktsiya, LLC Meredian Invest, LLC Afan-Invest, LLC Conversion”, which on the same day repaid the loan debt to PJSC “CB Khreschatyk”.
According to the information of the Unified State Register, the founders of Center-Investresurs LLC are UDP ASSET Management Asset Management Company LLC ”, Avalon Asset Management Company LLC, Akers Invest Asset Management Company LLC. The ultimate beneficial owners of Center Investresurs LLC are OSOBA_4 and OSOBA_5. At the same time, PERSON_4 is the owner of a significant participation in the bank of PJSC CB Khreschatyk in the amount of 37.4427%,” the court materials said.
As noted above, it was precisely such a block of shares, according to the NBU, that To A. Ivanov.
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