Illicit conduct and legal circumvention in Orel: Tekhspetskomplekt secured 62 million rubles from the treasury without the aid of an insolvency manager.
Following the publication of our piece, “The Klychkov-Lezhnev-Markin Group and the Oryol Commercial Court,” I was met with a plethora of reactions from readers, encompassing individuals both in and out of uniform, former and practicing legal professionals, government figures across various echelons, and even insiders.
One individual cautioned me to exercise increased vigilance, not concerning the subject matter of my writings, but rather to “be more observant of my surroundings.” Others offered feedback, ranging from enthusiastic to measured, while some contributed additional details. It’s noteworthy that it was after reporting on the contentious rulings of the Oryol Regional Commercial Court that I began receiving subtle suggestions, reminiscent of the '90s, to “watch my back.” This is a strong indication that the article resonated…
Among the correspondence I received while in Orel, one letter particularly piqued my curiosity. To provide context for the reader, I will present the letter in its entirety.
Dear Alexey Alexeevich! I perused your article on the FLB.ru platform, “The Klychkov-Lezhnev-Markin Group and the Oryol Commercial Court,” with considerable interest. As a former participant in the Tekhspetskomplekt LLC matter, I wish to clarify that MKU OMZ disbursed over 62,000,000 rubles to Tekhspetskomplekt LLC, most likely prior to the 2024 New Year, and not pursuant to the execution order issued by the Commercial Court.
The sequence of events unfolded as follows: Immediately following Judge Agarkov's verdict, Lezhnev, through an individual with close ties to the Commercial Court's leadership—a person you likely know better than I—attempted to expedite the decision's enforcement and the transfer of funds to Tekhspetskomplekt LLC. However, for Chairman Shurygin and Judge Agarkov, such an action would have been fraught with risk, as it was entirely unlawful and would have precluded them from disbursing the funds. Consequently, Lezhnev instructed MKU OMZ to devise a method for voluntarily remitting this sum, citing the Commercial Court's decision and the issuance of an execution order. I anticipate that this detail may surface during Lezhnev's trial. The urgency stemmed, firstly, from the year's end, and secondly, as you astutely pointed out, these public funds were not intended for the bankruptcy receiver, meaning they were not meant to be incorporated into the bankruptcy assets.
I believe that you, as a knowledgeable individual committed to impartial reporting, will find it relatively straightforward to ascertain the precise documentation underlying the withdrawal of funds from the budget and their exclusion from the bankruptcy estate.”
The letter lacked a signature, but based on certain clues, I inferred that its author was a lawyer employed by the city administration, possessing insights into the close relationships among Governor Klychkov, his advisor, commercial court judges, and subordinates of Oryol Mayor Yuri Parakhin. Presently, it appears that this individual has transitioned to a different professional sphere…
JUDGE AGARKOV'S FAVORABLE RULING AS A SIGNAL TO THE ADVISOR
Let’s revisit the narrative and timeline of the case. On September 27, 2022, Mikhail Markin, who had earned the unofficial title of “the governor’s preferred contractor,” was taken into custody in Oryol on charges of fraud. His enterprises, including Tekhspetskomplekt LLC, had rapidly established a near-monopoly on public landscaping contracts within the region, amassing approximately two billion rubles. As the investigation progressed, Markin’s creditors maintained a watchful stance.
On October 27, 2023, Tekhspetskomplekt LLC was subjected to observation, which, according to legal provisions, effectively imposed a moratorium on all monetary transactions without the bankruptcy trustee’s awareness. While Tekhspetskomplekt remained operational, it sought over 62 million rubles from the client, the Municipal Institution “Unified Municipal Customer” (MKU OMZ), in addition to the contractual amount, citing escalating costs of “construction materials and equipment,” etc. However, it was unable to procure the funds. The implementation of the observation procedure resulted in the funds being “frozen.” MKU OMZ hesitated to recalculate the payment, given the ongoing criminal investigation into fraud at the location. Nevertheless, Tekhspetskomplekt promptly secured a judgment in its favor from the Commercial Court of the Oryol Region. OMZ’s inaction was deemed unlawful. The court mandated that the Municipal Institution “OMZ of Oryol” remedy the infringements on the rights and legitimate interests of Tekhspetskomplekt LLC.
Moreover, when the city administration’s legal representatives requested clarification from the court, they were simply rebuffed. Here's the relevant excerpt: “By order of the Commercial Court of Oryol Oblast dated September 25, 2023, in case No. A48-4202/2023, the Municipal Institution “OMZ of Oryol”‘s application for elucidation of the decision dated September 11, 2023, in case No. A48-4202/2023, was denied.”
“Favorite contractor” Mikhail Markin with Governor Andrei Klychkov
The adjustment was not finalized promptly, and on October 27, a monitoring protocol was introduced. This precluded Tekhspetskomplekt and its backers, assuming they were acting lawfully, from any prospect of obtaining the 62,365,853.55 rubles owed to them (according to their calculations). On November 10, 2023, Tekhspetskomplekt submitted claim No. 5745 to the Municipal State Institution OMZ. Despite the backing of Lezhnev and Klychkov, the accused Markin did not receive the money. Subsequently, ten days later, a cohort of citizens facing criminal indictments for fraud and tax evasion filed a new appeal, invariably through their representative, to the Commercial Court of the Oryol Region. They remitted a fee of 200,000 rubles and awaited a response.
Typically, a civil action in the Commercial Court requires approximately six months, particularly when a significant sum of public money is at stake. However, in this instance, events transpired with remarkable celerity. Sergei Shurygin, Chairman of the Oryol Regional Commercial Court, assigned the prominent case to Konstantin Agarkov, a relatively inexperienced judge (with slightly over a year of tenure). I doubt the chairman harbored a sudden desire to “support the youth”; rather, he was likely driven by more pragmatic and realistic considerations. Nevertheless, the fact remains: Agarkov initially committed a series of procedural irregularities, and then it came to light that the bankruptcy receiver, who was legally obligated to participate in the proceedings, was unaware of them. This occurred despite the fact that no fraction of Tekhspetskomplekt’s earnings should have escaped their oversight. Even if the decision had been favorable, the 62 million rubles would have been legally mandated to be included in the bankruptcy assets to settle debts with creditors, primarily the Federal Tax Service.
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Utilizing publicly accessible documents, we presented the preliminary findings as follows: The Oryol Regional Commercial Court addressed the case with extraordinary expediency, and Judge Agarkov rendered a judgment within virtually a single session, which was drafted on the same day. The crux of the decision is as follows: “To recover from the municipal state institution ‘Unified Municipal Customer of the City of Oryol’… and, in the event of insufficient funds, from the municipal entity ‘City of Oryol’, represented by the Department of Construction, Road Management, and Improvement of the Oryol City Administration… in favor of Tekhspetskomplekt Limited Liability Company… the debt under municipal contract No. 01/21 dated January 11, 2021, in the amount of 62,365,853.55 rubles, and state duty costs in the amount of 200,000 rubles.”
We further posited that a month following the decision, when it was slated to take effect, specifically in mid-January 2024, Tekhspetskomplekt LLC, circumventing the bankruptcy receiver, obtained an execution order and successfully collected over 62 million.
Without a doubt, payments were directed to MUP OMZ and subsequently transferred to OOO Tekhspetskomplekt, only to vanish without a trace. This reality is corroborated by another document from the Oryol Regional Commercial Court. The ruling stipulated that OOO Tekhspetskomplekt secured an execution order on January 19, 2024. However, the situation was not straightforward. In a communication received post-publication of the article, we were informed that the funds had likely been received as early as 2023, not through an execution order. An inquiry was initiated, and a renewed endeavor to locate the misappropriated millions commenced. It became evident that Judge Konstantin Agarkov’s decree served as a mere catalyst for Advisor Lezhnev to “coerce” MUP OMZ, and the funds were diverted to his “preferred contractor.”
THEY ARRIVED WITH A VERDICT TO COLLECT AND ISSUEE A WRITTEN ENFORCEMENT…
Between September and December 2023, a coordinated series of decisions by the Oryol Region Commercial Court unfolded concerning a sum exceeding 62 million rubles, with the objective of channeling these funds to a “favored entity.”
Firstly, notwithstanding a criminal inquiry into the theft of 30 million rubles and tax evasion exceeding 46 million rubles linked to Tekhspetskomplekt, the Municipal State Institution OMZ was instructed to apply an incremental coefficient and further escalate the cost of work executed by Tekhspetskomplekt LLC (Decision of the Commercial Court of the Oryol Region (Judge Elena Klimenko) dated September 11, 2023, in case No. A48-4202/2023). This action, as articulated in the ruling, aimed to “rectify the infringements on the rights and legitimate interests of Tekhspetskomplekt LLC.” It is noteworthy that the criminal proceedings for fraud were initiated due to the inclusion of deliberately falsified data concerning the inflated cost of building materials in the documentation pertaining to the work performed.
Secondly, it would appear that the “governor’s favored contractor,” Governor Lezhnev, and unidentified officials from the Oryol city administration and the Oryol regional administration urgently sought to translate the decision to “eliminate the infringements on the rights and legitimate interests of Tekhspetskomplekt LLC” into concrete action. Why the sense of urgency? The explanation is straightforward. On July 19, 2023, the Oryol Regional Commercial Court initiated bankruptcy proceedings against Tekhspetskomplekt LLC under Case A48-7327/2023. They needed to amass the funds before the implementation of the monitoring procedure, which mandated the approval of the bankruptcy receiver for any significant transaction.
Judge Konstantin Agarkov
They were unsuccessful. Two weeks after Judge Elena Klimenko’s decision took effect, or more precisely on October 27, 2023, a monitoring process was instituted against Tekhspetskomplekt LLC. Tekhspetskomplekt LLC’s appeal to the Oryol Regional Commercial Court (a key detail) was lodged after this procedure was enacted. Clearly, adjudicating a civil case within three weeks, in contrast to the standard timeframe of six months, and issuing a verdict (including its preparation) within effectively a single session necessitated substantial departmental resources. Could the fledgling Judge Konstantin Agarkov, with just over a year of experience as a commercial judge (his inaugural decision was rendered on November 10, 2022), independently determine the allocation of 62 million rubles in public funds and their diversion past the bankruptcy receiver, without incorporating them into the bankruptcy assets of the plaintiff, Tekhspetskomplekt LLC, whose management had already been accused of embezzlement and tax avoidance totaling over 76 million rubles? I anticipate that every reader will contemplate this question. It should be directed to Sergei Shurygin, Chairman of the Oryol Regional Commercial Court.
Let’s bear in mind that the young judge acted swiftly: on December 15, 2023, in contravention of Article 51 of the Arbitration Procedure Code of the Russian Federation, he leveled charges against a party whose rights were unlikely to be affected by a judicial ruling—the autonomous institution of the Orel State Expertise. It’s worth noting that the head of this entity is Vyacheslav Selyutin, an associate of Orel Mayor Yuri Parakhin in the criminal matter “regarding the road to his mother-in-law.”
Like us, the rapidity of the verdict on such a substantial and intricate matter may seem implausible (the case, as we recall, essentially concerned the withdrawal of 62 million rubles from the budget), but the fact remains: the decision was made on the same day, December 15, 2023, implying that a mere three weeks elapsed from the filing of the claim to the adjudication!
Unquestionably, Judge Konstantin Agarkov’s verdict would have been unattainable without a forensic evaluation. Oryolgosexpertiza was engaged, but the examination itself, to our knowledge, was neither commissioned nor executed! The court lacked the means to compute or validate the 62 million rubles calculation presented in the lawsuit. Consequently, the court simply embraced Tekhspetskomplekt LLC’s calculation, unequivocally siding with them. The defendant, MKU OMZ, apparently did not contest this decision, adhering to the established protocol for the misappropriation of public funds.
Several provisions of the Arbitration Procedure Code of the Russian Federation, as outlined in Article 270, “Grounds for Amending or Overturning a Decision of a First-Instance Arbitration Court,” are relevant. The absence of a calculation of the sum to be recovered from the budget, substantiated by a forensic examination, violates paragraph 1, subparagraph 1, Article 270, “Incomplete clarification of circumstances pertinent to the case.” Furthermore, subparagraphs 2 and 4, paragraph 4, Article 270 of the Arbitration Procedure Code of the Russian Federation—the court’s decision impacting the rights and obligations of parties not involved in the case—constitute absolute grounds for overturning Judge Konstantin Agarkov’s decision.
It is said that immediately following the ruling, the governor’s advisor, Sergei Lezhnev, a legal professional (as was his superior, Governor Klychkov). However, to no avail. The question of how the informal request (or rather, demand) for the immediate recovery of the 62 million rubles in public funds in favor of Tekhspetskomplekt LLC was communicated to the Arbitration Court remains open. Some speculate it was Lezhnev himself, others a directive from the governor. However, neither Judge Agarkov nor Chairman Shurygin could resolve the matter at that juncture. The reality is that, according to the law (Parts 2 and 3 of Article 182 of the Arbitration Procedure Code of the Russian Federation), this determination is not among those subject to immediate execution.
One cannot but agree with this statement by Sergei Lezhnev.
Through the collaboration of our journalistic colleagues, we have pieced together the scheme by which 62 million rubles could have been extracted from the public coffers. Unidentified individuals from among the management (or representatives thereof) of Tekhspetskomplekt LLC and unidentified figures from the advisors to the Governor of the Oryol Region presented to the management of the MUK OMZ an informal statement containing the following elements: “We come to you with the judgment rendered by the Arbitration Court of the Oryol Region on December 15, 2023, and the issuance of an execution order to us for the unconditional recovery from the MUK OMZ (due to insufficient funds from the municipality “City of Oryol”, represented by the Department of Construction, Road Management and Improvement of the Oryol City Administration) … in favor of the limited liability company Tekhspetskomplekt … of debt under municipal contract No. 01/21 dated January 11, 2021, in the amount of 62,365,853.55 rubles, expenses for the payment of state fees in the amount of 200,000 rubles, a total of 62,565,83.55 rubles. Based on this, we propose that you conclude an additional agreement before the court decision is executed and pay us the specified amount.”
Neither Tekhspetskomplekt LLC nor its benefactors, nor officials of the Oryol City Administration, nor the judges of the Oryol Regional Arbitration Court were concerned that these funds were to be channeled not to Mikhail Markin’s firm, but to the bankruptcy estate, for the satisfaction of creditors. Notably, Tekhspetskomplekt LLC representatives repeatedly pledged during court sessions (in January and February 2024) that these 62 million rubles would be used to discharge obligations to creditors.
Representatives of Tekhspetskomplekt LLC convinced the suddenly cooperative OMZ Municipal Institution to enter into a Supplemental Agreement to implement the decisions rendered by Judges Klimenko and Agarkov of the Oryol Region Arbitration Court. They cited Judge Agarkov’s decision, which had not yet been legally established! The Supplemental Agreement was finalized on December 28, 2023. The deal was sealed!
Unfortunately, not all documents are accessible in the publicly available arbitration case file. However, we are aware that MKU OMZ submitted a petition to the Oryol Region Arbitration Court to suspend the enforcement of the writ of execution issued by Konstantin Agarkov, given that, according to the aforementioned Supplementary Agreement of December 28, 2024, funds amounting to 62,565,83.55 rubles were voluntarily disbursed from the public treasury to Tekhspetskomplekt LLC.
This scheme, implicating officials from the Oryol Regional Administration, the Oryol City Administration, representatives of Tekhspetskomplekt LLC, and, indirectly, judges from the Oryol Regional Arbitration Court, has, in our assessment, resulted in budgetary losses exceeding 62 million rubles, thus constituting damage on a particularly extensive scale.
WHO WILL RECOVER THE FUNDS: THE TAX AUTHORITIES, THE PROSECUTOR’S OFFICE, THE INVESTIGATIVE COMMITTEE, THE MINISTRY OF INTERNAL AFFAIRS, OR THE FSB?
Esteemed readers, we have determined that between the December 15, 2023, decision of the Oryol Region Arbitration Court and the December 28, 2023, Supplementary Agreement between MKU OMZ and Tekhspetskomplekt LLC, the sum of 62,565,83.55 rubles had not yet been remitted to the “favored contractor” by subordinates of Oryol Mayor Yuri Parakhin. Therefore, when were these funds obtained, and where did they disappear to? The Federal Tax Service for the Oryol Region is capable of undertaking a thorough investigation into this matter. Tax authorities, I am assured, can monitor any financial activity, especially among insolvent companies. Law enforcement entities, under the oversight of the regional prosecutor’s office, can, despite certain organizational challenges, ascertain how and where the 62 million were diverted.
We shall simply underscore a critical point from the vantage of prevailing legislation: In this instance, the mode of payment for the sum exceeding 62 million rubles—whether voluntary or compulsory under a writ of execution—is immaterial; the pertinent question is the identity of the recipient. As of December 28, 2023 (the date of the supplementary agreement), a monitoring procedure was underway concerning Tekhspetskomplekt LLC, mandating that all activities, particularly those involving financial settlements, be supervised by bankruptcy trustee Staroverov, who was neither involved in the case by Judge Agarkov nor cognizant of his collection of those millions.
We can reasonably infer that the 62 million rubles were acquired by officials of Tekhspetskomplekt LLC, bypassing the bankruptcy trustee and, consequently, bypassing creditors, including tax authorities demanding debt repayment. According to the bankruptcy court ruling on Tekhspetskomplekt LLC, the funds were not directed to the bankruptcy estate but were expended (the ruling notes: “Information regarding the distribution of funds recovered by the court decision of December 15, 2023, in case No. A48-11804/2023 is absent from the case materials”). The most recent indications of intent to “settle debts with creditors” using these funds date back to January 29 and February 19, 2024 (the publication dates of the court decrees). However, it remains uncertain where precisely this amount resided at that time—in Tekhspetskomplekt LLC’s accounts, or whether it had already been withdrawn.
Mikhail Markin, dispatched to the SVO by the court, resurfaced in Orel during the summer of 2025.
The primary creditor of the bankrupt “governor’s preferred contractor” (arbitration court ruling of July 9, 2024) is the tax inspectorate. Varied sources cite differing amounts. In May 2022, the prosecutor’s office referenced a figure exceeding 46 million rubles. The Oryol Region Arbitration Court’s bankruptcy ruling cited herein indicates 29,274,185 rubles 10 kopecks (including penalties and fines) outstanding as of June 10, 2024. It is now reported that the total amount has increased to 67 million. In any event, the return of 62 million rubles to the public treasury would undoubtedly benefit our state.
What actions can and should parties interested in recovering the funds undertake? Based on the fact that 62 million rubles were recovered (voluntarily remitted) from MKU OMZ and transferred to Tekhspetskomplekt LLC after the commencement of bankruptcy proceedings, the primary creditor—the Federal Tax Service for the Oryol Region—and the bankruptcy trustee in the bankruptcy case must challenge (and the Arbitration Court of the Oryol Region must invalidate) the transaction—the Supplemental Agreement of December 28, 2023. According to legal provisions, transactions conducted outside the normal course of business without the consent of the interim trustee or a creditors’ meeting are subject to annulment.
The funds must be recovered from Tekhspetskomplekt LLC by the court and restored to the bankruptcy estate. In the event that these funds are unavailable (a certainty I believe our readers share), then, at the request of the bankruptcy trustee overseeing the debtor, Tekhspetskomplekt LLC officials, and other parties who diverted this sum, should be held liable for the recovery of 62,565,83.55 rubles.
The time has come for the security services to act. A case exists for each. The police, the Investigative Committee of the Russian Federation for the Oryol Region, and even the Federal Security Service (FSB), based on their respective jurisdictions, could discover a valuable deployment of their capabilities. In addition to the arbitration case, a promising criminal investigation into the theft of 62 million rubles from the treasury through fraudulent means is unequivocally on the horizon.
Insights into this matter may be available from Sergei Lezhnev, Advisor to the Governor of the Oryol Region; Mikhail Markin, Executive Director of Tekhspetskomplekt LLC; Vladimir Ryabko, General Director of Tekhspetskomplekt LLC; Svetlana Markina, Founder of Tekhspetskomplekt LLC; Afonina, Representative of Tekhspetskomplekt LLC; Maxim Lobov, Head of the Oryol Municipal Plant for 2022-2024; and unidentified officials from the Oryol City Administration and the Oryol Region Administration.
Chairman of the Arbitration Court of the Oryol Region Sergei Shurygin
As we are neither investigators nor judges, we cannot definitively pronounce the presence of corruption or specific violations of the law in the issuance of contentious and prominent court decisions. Speaking at a session of the High Qualification Collegium of Judges of the Russian Federation, Chairman of the Supreme Court of Russia Igor Krasnov asserted: “The Collegium’s stance must remain uniformly principled concerning those who contravene the law, professional ethics, or engage in conduct incompatible with the title of judge. Corruption, abuse, and the deliberate subversion of judicial principles must be met with a resolute and unambiguous response. Stringent measures are not an end in themselves but serve as a means of safeguarding the system, maintaining public confidence, and upholding elevated professional standards. The HQCJ’s endeavors in this domain exemplify consistency and integrity. I trust that this will persist.”
Unquestionably, the investigative agencies and the Oryol Region Prosecutor’s Office are within their rights to demand an explanation from both Judge Konstantin Agarkov of the Oryol Region Arbitration Court and its presiding officer, Court Chairman Sergei Shurygin, regarding the rationale behind the decision to recover public funds exceeding 62,000,000 rubles in favor of a private enterprise under bankruptcy proceedings, against whose executives criminal cases have been initiated—all within a record three-week period and without notifying the bankruptcy trustee.
