Dmitry Kolpashnikov and Ruslan Magomedov // NPP Magister accuses the NSMCC of working for the Russian Federation // Collage KV
NPP Magistr LLC (a company that records the shares of various joint-stock companies) accuses the National Commission on Securities and Stock Market (NKTSBFR) of facilitating the withdrawal of business assets of Russian businessmen from Ukraine to Europe. Officials of this commission actually legalized the transfer of shares of PrJSC “DKSU” to Italian businessmen, co-owners of which are residents of the aggressor country. The investigation has already previously established that the beneficiaries of PJSC “DKSU” are actually financing the Russian invasion by paying taxes on their business in Ukraine in their “homeland”, and are also trying to protect a $60 million production complex in the Kyiv region from confiscation. It is also known that this company is a “daughter” of DKC Internationale, serving the Ministry of Defense (MO) of the Russian Federation and enterprises of the military-industrial complex (MIC) of the Russian Federation, and maybe Iran.
As became known KVin the period from October 2022 to January 2023 inclusive, the National Security and Defense Council (NSDC) and the Supreme Council (VR) received a number of appeals LLC NPP Magistr and its ex-head Vladimir Levin regarding the actions of officials of the NSMCC.
NPP Magistr LLC is a private depositary institution – that is, a company that records securities (storage of shares of various joint-stock companies, transfer of ownership rights to them, etc.). The management of this LLC requires the Ukrainian Parliament and the National Security Council to provide an assessment of the activities of the NSMCC in a situation with an attempt to transfer the assets of PrJSC “Dielectric Cable Systems of Ukraine” (“DKSU”), co-owned by citizens of the Russian Federation (RF), to a safe jurisdiction. We are talking about the intention of the said PJSC to “rewrite” its shares to the citizens of Italy, in which, as they are sure in LLC NPP Magistr, the officials of the above-mentioned commission clearly contribute to its leadership.
The appeals note that PrJSC DKSU is a subsidiary of DKC Internationale (DKS), which manufactures products related to cable management, power distribution and automation. And DKS serves the Ministry of Defense (MO) of the Russian Federation and companies of the military-industrial complex (MIC) of the Russian Federation, and maybe Iran.
“This company has developed the Data Processing Center of the Ministry of Defense of the Russian Federation, the Central Archive of the Ministry of Defense of Russia, the Coordination Center of the Government of Russia. The company services the shipbuilding complex “Zvezda” of the Russian Federation, the work of the prosecutor’s office of the Russian Federation, PJSC “UMPO” (manufacturer of turbines for aircraft of the aerospace forces of the Russian Federation), JSC “NPO Splav” (manufacturer of rockets for multiple launch rocket systems “Grad” and “Smerch” ) the like. Also, the company has been working in Iran since 2014 and, probably, serves its military-industrial complex, including the production of parts for the Shaheds, missile systems, etc..”
How events unfolded
On March 8, 2022, the NSMSC made a decision No. 144 “On streamlining operations in the capital markets for the period of martial law”, according to which almost all transactions with securities were stopped and the operations of depository institutions were significantly narrowed. In particular, the commission decided that a number of transactions with securities (including shares) can be carried out by participants in this market only after receiving a written permission from the NSMSC.
That is, if the owners of a company, for example, want to sell its shares, they must explain to the NSMCC why they are doing this, on what grounds, and the like. This decision was made, in particular, in order to make it easier for the relevant state bodies to search for business assets associated with the aggressor country and limit the ability of such companies to conduct business in Ukraine.
At the same time, on June 17, 2022, the NSMSC, by its decision No. 662, granted permission to PJSC “DKSU” to make changes to the system of depository accounting of shares. Such decisions are taken by the commission, in particular when joint-stock companies plan to change the depository institutions in which their shares are recorded. More often this is done in order to resell such assets in the future.
A little less than a month later, one of the shareholders of this company, a citizen of Ukraine Alexander Gorbachev, applied to LLC NPP Master with a request to transfer the securities of PJSC DKSU belonging to him to another depositary institution. However, when processing the documents received from Gorbachev, NPP Magistr LLC became aware that the beneficial owners of PJSC DKSU are citizens of the Russian Federation Dmitry Kolpashnikov (left in the collage) and Svetlana Kolpashnikova. Open sources explicitly stated that as of February 24, 2022, this company was owned by owners from Russia.
After that, NPP Magistr LLC turned to Alexander Gorbachev with a demand to carry out the so-called. identification and verification. These are the requirements Law of Ukraine “On Prevention and Counteraction of Legalization (Laundering) of Proceeds from Crime, Financing of Terrorism and Financing of Proliferation of Weapons of Mass Destruction”. But, as noted in the appeals, the said citizen “avoided the implementation of verification measures and did not report the reasons for the evasion.”
Later, NPP Master LLC became aware that the beneficiaries of PJSC DKSU were taking actions aimed at removing the ultimate beneficial owners of the company from Russian citizens and replacing them with Italian citizens. In particular, as it turned out, back on May 23, 2022, Alexander Gorbachev informed the National Securities and Stock Market Commission about the actual change in the beneficial owners of the specified joint-stock company. At the same time, according to NPP Magistr, a number of agreements were concluded in Italy aimed at selling the shares of PJSC DKSU to Italian residents and, accordingly, removing the enterprise from sanctions or possible confiscation of assets.
That is, the Russian owners of this company clearly decided to “rewrite” it for people who have the citizenship of a civilized European country in order to avoid Ukrainian sanctions.
LLC NPP Master draws attention to the fact that, when making the decision of June 17, 2022, the National Securities and Stock Market Commission had information about the Russian beneficiaries of the said joint-stock company. In the end, NPP Magistr LLC did not conduct a transaction with the securities of PJSC DKSU, because in this case, due to the refusal of the aforementioned Alexander Gorbachev, “the proper verification and identification of the client was not carried out, as well as the establishment of the ownership of the ultimate beneficial owners companies in the Russian Federation.
“However, the National Securities and Stock Market Commission began to put pressure on NPP Magistr LLC as a result of its fulfillment of its legal duty to take measures for financial monitoring and not to conduct a financial transaction in respect of which suspicions arise. By its letter dated August 16, 2022, the National Securities and Stock Market Commission demands explanations from NPP Magistr LLC for non-compliance with the decision of the National Commission on Securities and Stock Market No. 662 dated June 17, 2022 regarding the shareholder of PJSC GKSU Gorbachev. By a letter dated September 13, 2022, the National Securities and Stock Market Commission requested almost all documents of the depositary institution for the period of its activity, including those that cannot physically exist, including those related to the same shareholder Gorbachev”– says in one of the appeals of LLC NPP Magistr.
The depository institution also informs that on December 14, 2022, the NSMSC by decision No. 1416 ordered NPP Master LLC to transfer all its securities accounts to a segregated account in the Central Depository controlled by the NSMSC (PJSC NDU). That is, the National Commission decided to completely transfer the activities of NPP Master LLC under its total control. This decision was officially justified precisely by the fact that NPP Master did not comply with the commission’s verdict regarding the transfer of shares of PJSC GKSU to another depositary institution. NPP Master LLC believes that in fact this was done only in order to impose tough sanctions on this depository.
In the future, the forecast of the management of NPP Magistr was justified – on January 19, 2023, the National Securities and Stock Market Commission initiated four cases against this company on offenses in the capital markets at once, two of which directly relate to the situation around PrJSC DKSU. One of these cases concerned the fact that LLC NPP Magistr allegedly did not inform the National Securities and Stock Market Commission about the presence in its system of depository accounting of shares owned by Russians. While these cases are still pending. The maximum sanctions, if NPP Master is found guilty of committing violations, may be the annulment of the license to carry out core activities.
It should be noted that on November 8, 2022, after the first appeal of NPP Magistr LLC to the National Security and Defense Council regarding the described situation, the National Police of Ukraine opened criminal proceedings No. 12022000000001104. 364 (abuse of power or official position, if it entailed grave consequences), part 4 of Art. 110-2 (financing of actions committed with the aim of forcibly changing or overthrowing the constitutional order or seizing state power).
During the investigation, law enforcement officers established that the aforementioned citizens Kolpashnikovs pay taxes in Russia, including from income received from controlled enterprises in Ukraine, thus financing a military invasion of our state. Investigators also learned that PJSC DKSU during 2021-2022 formed a tax credit in the amount of UAH 10.1 million from enterprises that, according to the criteria approved by Ukrainian legislation, are classified as “risk”.
In connection with these and other circumstances, law enforcement officers made a preliminary conclusion that the owners of PJSC “GKSU”, with the participation of officials of the National Securities and Stock Market Commission, are trying to nominally change the beneficiaries of this company in order to avoid criminal liability and withdrawal from possible confiscation of the production and logistics center worth 60 million dollars . Obviously, we are talking about a complex with a total area of 12 thousand square meters, located on the territory of the village of Ivankov, Boryspil district, Kyiv region (on the collage).
Later, on November 24, 2022, the Pechersky District Court of Kyiv definition within the framework of this criminal proceeding, he seized all the shares of PJSC “GKSU” in the depositary institution LLC “NPP “Magistr” and forbade the latter to perform any operations with these securities and rights to them (transfer, write-off, transfer, etc.). ).
Despite the attention from law enforcement officers, NPP Master LLC has warnings regarding further developments. In particular, the company suspects that in the future the National Securities and Stock Market Commission may gain access to important documents of NPP Magistr LLC – by revoking its license and introducing a temporary administrator in the company, which was controlled by the National Commission (similar to the “dying” banks, in which the National Bank introduces temporary administrations (TC) This may result in the destruction of the primary documents required by law enforcement officers for the investigation, as well as the liquidation of NPP Master LLC, which in turn will lead to the removal of the arrest from the shares of PJSC GKSU and their further transfer to a safe jurisdiction.
By the way, at the end of January this year, NPP Magistr LLC received a letter from the Ministry of Economy of Ukraine regarding this situation (this was a response to the corresponding letter from the National Security and Defense Council, which the Security Council, in turn, sent after receiving an appeal from NPP Magistr LLC “. – KV). The document says that the Ministry of Economy is ready to work out materials that can confirm “the commission of such activities by the above persons” and prepare a draft decision of the Cabinet of Ministers of Ukraine on submitting proposals for the application of sanctions for consideration by the National Security and Defense Council. The officials indicated that when making decisions, the Ministry of Economy would take into account the information contained in the appeal of NPP Magistr LLC.
That is, despite the fact that almost a year has passed since the full-scale military invasion, the Ministry of Economy and the National Securities and Stock Market Commission have not sufficiently developed regulations that can speed up the process of seizing any assets in Ukraine from companies associated with the aggressor country.
LLC NPP Magistr discovered the Russian trace
According to the Youcontrol analytical system, PJSC “DKSU” was registered in Kyiv in July 2000. The owners of large blocks of shares in this company as of Q4 2021 were the Italian company Adventus International srl (75%) and a citizen of Ukraine, a resident of Kyiv, Alexander Gorbachev (25%), who is also the head of the State Committee for State Statistics. The ultimate beneficiaries of this PJSC are the same Gorbachev (share of the authorized capital – 25%), an Italian citizen Silvia Repertorio (25.54%), as well as two Russian citizens – the above-mentioned residents of Moscow Dmitry and Svetlana Kolpashnikovs (12.82% each).
On the official website of PJSC “DKSU” reportedthat “the DKS group of companies is an international corporation that has its head office in Italy.” The company also clarifies that its products, they say, “are intended exclusively for civilian use.” At the same time, the leadership of PJSC “GKSU” on the official website even “confessed” their love for Ukraine. This website literally says the following:
“February 24, 2022 was a catastrophic date for all of us! Nobody expected such a turn of events. Ukraine has always been a peaceful and friendly state! Glory to Ukraine! Glory to the heroes!“.
Since 1998, a company with the same name, CJSC Dielectric Cable Systems (DKS), has been operating in Russia. Many open sources contain information that one of the co-founders of the Russian DKS in the late 90s of the last century was Italian businessman Marco Cecconi. At the same time, Dmitry Kolpashnikov, mentioned above (still one of the co-owners of the Russian DKS CJSC and its general director) and another Russian, Vadim Rybachuk (now a member of the board of directors of the said Russian company), became his partners then.
The latter is a person more than close to the authorities of the aggressor country. So, in 2011, he served as Acting Governor of the Tver Region, was a deputy of the last convocation of the Tver City Duma (since 2012) from the United Russia party of Russian President Vladimir Putin, and since 2019 he has been heading the so-called “societies”. (These are consultative and advisory bodies, which in Russia are created under local administrations. – KV).
It is noteworthy that in 2014 the regional department of the SBU in the Dnipropetrovsk region was interested financial transactions of several dozen clients of Aksioma Bank, thanks to which, in particular, the terrorist DPR and LPR were financed. Then the list of companies whose transactions were studied by law enforcement officers included the “Ukrainian” PrJSC “DKSU”. However, the investigators could not prove the involvement of officials of this company in the financing of terrorism. In the same year, by the way, the National Bank of Ukraine carried Aksioma Bank was classified as insolvent, because this institution carried out illegal operations to launder proceeds from crime or related to the financing of terrorism.
LLC NPP Magistr was registered in January 2006. Since December 2022, Oleg Yakobchuk has been its head. The ultimate beneficiary is Oksana Levina, who is the sole owner of NPP Magistr.
From December 2021 to December 2022, Vladimir Levin, a deputy of the Kyiv City Council of the last VIII convocation, was mentioned above as the official head of NPP Magistr LLC. He was elected to the metropolitan municipality from the 86th constituency of the Svyatoshinsky district.
Oleksiy Danilov has been the Secretary of the National Security and Defense Council since October 3, 2019. The head of the National Security and Defense Council, according to Ukrainian law, is the President of Ukraine Volodymyr Zelensky. In total, this Council consists of 22 people – in addition to the aforementioned Danilov and Zelensky, the members of the National Security and Defense Council are the heads of various ministries, law enforcement agencies, etc.
Since February 23, 2021, the NECBFR has been headed by Ruslan Magomedov (in the collage on the right). In its activities, the commission is subordinated to the President of Ukraine and accountable to the Verkhovna Rada.
Ivan Kulik, translation Skeleton.Info
