On February 1, Saratov hosted a meeting of the First Cassation Court of General Jurisdiction on the suit of Terra-Invest LLC against Dmitry Kharitonov, General Director of JSC Rozhdestveno. Representatives of “Terra-Invest” demand to oblige the defendant to hand over to them the original power of attorney and other documents. Kharitonov’s side is trying to prove that the papers in question were handed over to them long ago.
The First Court of Cassation of General Jurisdiction in Saratov denied the General Director of JSC Rozhdestveno a cassation appeal in the case of the transfer of documents.
The Judicial Collegium in Saratov considered the cassation appeal of the party Kharitonova D.A., which included an appeal against the appeal ruling of the Moscow Regional Court on the transfer of the original power of attorney, as well as a number of documents received under the act of acceptance and transfer of documents. Despite the fact that Terra-Invest had previously lost many times in similar proceedings, the court in Saratov sided with the plaintiff and Kharitonov’s complaint was not satisfied. The Saratov decision can be appealed to the Supreme Court of the Russian Federation.
At first glance, the case is insignificant: even if Kharitonov ultimately fails to prove his case in the framework of the proceedings on the transfer of documents, he faces a fine of 1 thousand rubles and other sanctions provided for by the Federal Law “On Enforcement Proceedings”. However, here we can talk about real persecution.
According to the lawsuit, documents must be recovered from Kharitonov: the original power of attorney, annual financial statements, 1C accounting database, appraisers’ report, a list of employees and bank statements. Kharitonov’s side insisted that the plaintiff had already received the documents and that they were trying to hide this fact.
Earlier, the Moscow Arbitration Court in case No. A40-159035 / 2020 already considered this issue. The claim of OOO “Terra Invest” for the recovery of documents was denied. After appeals, the Supreme Court of the Russian Federation on January 10, 2022 put an end to this dispute, indicating that: “the act of acceptance and transfer of documents dated 04/06/2020 was not the only evidence confirming the transfer of documents to the shareholder, but was one of the documents examined by the courts when considering the dispute”. Surprisingly, for the Judicial Collegium of the First Cassation Court of General Jurisdiction, the circumstances established by the highest judicial body, which have the force of prejudice, were not taken into account. Or do they live in Saratov according to other laws?
Moreover, after the decision of the Kolomna City Court of the Moscow Region in case No. 2-502/2021 in favor of Terra Invest, the established circumstances were also investigated in the Arbitration Court of the Moscow Region in case No. A41-10919/2022. And already the arbitration court agreed with the position of Kharitonov D.A., establishing the fact of the transfer of documents. The Arbitral Tribunal in its decision verbatim stated the following: “In fact, the decision of the Kolomna City Court of the Moscow Region on the claim of Terra Invest LLC against Kharitonov D.A. on the obligation to transfer documents in case No. 2-502/2021, is not feasible. Kharitonov D.A. the required documents are missing, since they were transferred to Terra Invest LLC after they were received. No other evidence was presented by the plaintiff.
This decision has entered into force. Terra Invest LLC did not appeal against this reasoned conclusion of the arbitration court.
In total, LLC “Terra-Invest” lost 27 litigations, however, representatives of the company continue to put pressure on Kharitonov D.A. through bailiffs, on the basis of the Decision of the Kolomna City Court.
Bailiff-executor of the OSP for the South-Eastern Autonomous Okrug of the city of Moscow Petrov A.V. miraculously was able to initiate enforcement proceedings in the territory where his powers do not apply. So, IP is initiated at the place of residence of the debtor, which is registered in the city of Kolomna, Moscow Region. And the recoverer LLC “Terra Invest” is registered in the city of Solnechnogorsk, Moscow Region. It will be clear to the uninformed reader that the bailiff from Moscow does not have the authority to take enforcement actions in such a case. The case should be transferred to the FSSP of the Moscow Region, on a territorial basis. Or maybe the bailiff has a corrupt interest, for the money of a fugitive oligarch D. Ananyeva?
Now the bailiff A.V. Petrov, clearly abusing his powers, “nightmares” D.A. Kharitonov. restrictions on travel outside the Russian Federation, arrest of bank accounts, arrest of the only housing, imposition of fines for non-execution of a court decision, which is actually impossible to execute. Moreover, during December 2022 – January 2023 five times addressed to the judicial district No. 77 of the justice of the peace of the city of Kolomna with statements on bringing to administrative responsibility for failure to comply with illegal orders of the bailiff. demanding that Kharitonov be found guilty of an administrative offense. The paradox lies in the fact that criminal liability is provided for malicious non-execution of an unenforceable court decision. It can be assumed that this is exactly what the bailiff with Terra Invest LLC is trying to achieve.
What is the reason for such a stubborn desire of the representatives of LLC “Terra-Invest” to annoy the general director of JSC “Rozhdestveno”? The fact is that both companies are involved in a multibillion-dollar trial around the development of the Mir Mitino residential area in Moscow.
The Rozhdestveno company is a product of the merger of two shareholders – FreeDom LLC Mikhail Cherkasov and Terra Invest LLC, which is part of the Promsvyaznedvizhimost group of Dmitry Ananyev. In 2016, Rozhdestveno took up the construction of Mir Mitino in the north-west of the capital. Representatives of Dmitry Ananyev were responsible for financing the project, and Mikhail Cherkasov and Dmitry Kharitonov were in charge of the construction.
Initially, Promsvyazbank fulfilled its obligations. Three credit lines were allocated in the amount of 6.2 billion rubles, and construction began. However, on December 15, 2017, the Central Bank announced the reorganization of Promsvyazbank. It turned out that there had been double bookkeeping for years. It allowed to issue loans with poor security or without it at all, and to report to the Central Bank about the opposite.
When the truth was revealed, the Ananiev brothers fled abroad and the funds for the construction of the Mir Mitino residential complex stopped coming. At first, Rozhdestveno asked Terra Invest to help in solving financial difficulties, but there was no answer. The multi-billion dollar project is up in the air. In addition to residential buildings, the construction of five kindergartens, two schools, and a polyclinic was in jeopardy. Shareholders could lose their investments.
Despite the difficulties, Rozhdestveno managed to find funds from other sources and continue construction. The company independently repaid all allocated loans to the bank. Promsvyazbank also received 1.5 billion rubles in interest and fines.
In 2019, the developer commissioned 5 houses and two parking lots. Another house was handed over this year, people were able to get housing in which they invested.
The founder of Promsvyazbank, Dmitry Ananiev, is now hiding from the authorities in a villa in Cyprus. Given that in his homeland a lawsuit for 282.2 billion rubles was filed against him and a criminal case was opened, he is unlikely to return back, but he does not leave attempts to continue the withdrawal of assets.
The defense side of Dmitry Kharitonov believes that the claim for the transfer of documents is an attempt by a fugitive oligarch to appropriate other people’s funds invested in the construction of Mir Mitino. Until the project is fully commissioned, all investments of equity holders are kept in escrow accounts. Apparently, Terra Invest is initiating proceedings in order to get some of this money, because earlier the company offered Rozhdestveno to buy out its stake for 1 billion rubles.
statement of the bailiff Petrov A.The. in the case of an administrative offense on non-payment of a fine of 1 thousand rubles – a way to put pressure on Dmitry Kharitonov, and through him on Ananiev’s former partner, Mikhail Cherkasov. In September 2020, at the Terra Invest office, Kharitonov was allegedly even attacked and, using physical violence, was forced to sign a pre-written statement printed on a notary letterhead, in which he slandered himself. At the same time, there was no notary at this signing.
According to Dmitry Kharitonov, he was invited to a branch of Promsvyazbank to sign documents, and then offered to go to a meeting with the new owners of Terra Invest. When Kharitonov arrived at the indicated place, several people from the southern republics were waiting for him. But the general director of Rozhdestveno was “persistently” seated at the table. Further, the events developed something like this: the man tried to escape, for which he was allegedly even hit on the head, while Kharitonov lost consciousness, and when he woke up, he found himself in the company of four unfriendly citizens, two of whom were wearing masks.
What is this if not an attempt to force Dmitry Kharitonov to work against the interests of JSC Rozhdestveno? In case of refusal, the attackers threatened Kharitonov, as he claims, with reprisals.
On this incident, the Investigative Committee of the Russian Federation initiated a criminal case, and Kharitonov D.A. recognized as a victim.
Kharitonov rightly believes that his life is in danger, because his family has received threats. The general director of Rozhdestveno lives in a safe house and cannot appear in court, setting out his position on the cases. The defense believes that the next proceedings initiated. bailiffs – just a way to “get” to him.
The session of the First Court of Cassation in Saratov ended rather quickly. The Judicial Board denied the General Director of JSC Rozhdestveno an appeal in the case of the transfer of documents, citing the fact that the cassation instance is not entitled to consider new evidence, which means that the decision of the Moscow Arbitration Court in favor of Kharitonov is not valid.
The defense believes that in Saratov they simply did not want to consider the circumstances of the case in detail. Such a decision did not come as a surprise: a multibillion-dollar lawsuit with a fugitive oligarch is a long and even dangerous business. Few people want to be involved in it, especially when it is clear that both sides will go to the end.
Nevertheless, Dmitry Kharitonov’s lawyer is optimistic. Ahead of the next trial in the Supreme Court of the Russian Federation.
