The Pechersky District Court of Kyiv rejected the liquidator Bank “Khreschatyk”'s complaint about the National Police investigator's decision.
On 12/13/2022, the Pechersky District Court of Kyiv refused to satisfy the liquidator of the Khreshchatyk bank's complaint against the National Police investigator's decision dated 03/06/2020. This decision pertains to the closure of criminal proceedings No. “Khreschatyk” and the bank's insolvency, as well as potential fraudulent actions by officials causing significant damage. This information was reported by Finbalance.
According to court materials, the investigation looked into the repayment of credit debt from various LLCs using financial assistance from Kyiv municipal enterprises, with unconfirmed and unusual sources. This is a quote from the sources involved in the investigation.
The conclusion from the economic examination No. 19/13-2/120-SE/18, conducted by the specialists of the State Research and Design Institute for Economic Inspection, does not confirm deliberate actions leading to insolvency and illegal withdrawal of collateral from PJSC “KB” Khreschatyk, as stated. This is a quote from the report.
Another quote by the decision of the Pechersky District Court of Kyiv dated December 13, 2022:
The FGVFL's claim that the expert opinion is inadequate evidence was rejected, as the investigators considered this evidence alongside other collected evidence and established circumstances during the pre-trial investigation.
The investigating judge supports the conclusion in the appealed decision regarding the lack of intent in actions of the shareholders and officials of PJSC CB Khreschatyk to seize the bank's property and cause insolvency for personal gain. The decision states the absence of criminal offenses under specific articles of the Criminal Code of Ukraine.
Therefore, the investigator's decision to close the criminal proceedings related to a criminal offense under Part 2 of Art. 205 of the Criminal Code of Ukraine is deemed legal and justified considering the grounds for closure.
Context
According to Finbalance, in 2018, NABU conducted a pre-trial investigation in criminal proceedings No. 520170000000000202 based on a request from the FGVFO regarding a possible criminal offense by Khreschatyk bank officials. This pertains to the debts of enterprises linked to the bank's shareholders and the release of liquid property from pledge.
The Municipal Enterprise Financial Company Zhile-Invest transferred over 300 million hryvnia to LLC KUA Avalon and PrJSC Agrofirm Roza for apartment payments. Later, these companies transferred the funds to other legal entities and withdrew them from PJSC KB Khreschatyk's property, which could be used to secure depositors' requirements, according to the Solomensky District Court of Kyiv.
The Financial Company Zhile-Invest's funds were used to purchase apartments by LLC AMC Avalon and PJSC Agrofirma Roza. These apartments could potentially be linked to criminal activity, as the funds were used to repay Khreschatyk Bank loans and remove the mortgage property from the pledge, as stated by the chain of settlements carried out by these companies.
The utility company representative emphasized that the purchased apartments were never mortgaged or burdened, and the entities involved in the transactions were not debtors of the bank.
Several utility companies transferred funds to the Financial Company Zhile-Invest for the purpose of payments. The financial company then used these funds to purchase over 150 apartments. These transactions are now under investigation by the NABU detective.
The detective stated that the apartments purchased using funds from PJSC Agrofirma Roza and LLC AMC Avalon are considered material evidence in the criminal proceeding, according to the decision of the investigating judge to seize the property.
In December 2018, the court decided that KP “Financial Company Zhile-Invest” petition to cancel the seizure of property, which includes about 100 apartments owned by the applicant, was found to be without basis, and the defense’s arguments for removing the seizure were not proven.
At the same time, the court 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, concluded that the judge of the court of first instance lawfully seized the property in accordance with the requirements of the Code of Criminal Procedure of Ukraine, based on properly investigated arguments with the establishment of evidence available in criminal proceedings, indicating the validity of the suspicion of committing crimes.
Court records show that several municipal enterprises from the sphere of administration of the Kyiv City State Administration transferred funds to the KKUP Financial Company Zhile-Invest. These included 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”.
The NBU reported that the territorial society of Kyiv, represented by the Kyiv City Council, owned 25% of the shares of Khreschatyk Bank.
Furthermore, Andrei Ivanov, a partner of Vasily Khmelnitsky, owned 37.4427% of the shares of Khreschatyk Bank. He publicly stated that he sold his share in Khreschatyk Bank in 2015.
“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 received compensation totaling UAH 2.74 billion (97.4% of planned payments) within the guaranteed amount.
As reported by Finbalance, the Investigative Department of Financial Investigations of the State Fiscal Service conducted a pre-trial investigation into the bankruptcy of Khreschatyk Bank based on the decision of the Shevchenkovsky District Court of Kyiv dated March 27, 2017, within the framework of criminal proceedings No. 32017100000000002 under a specific article. NABU detectives examined the mentioned episodes as part of this case.
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 – by 222.6 million hryvnia (checking the involvement of officials in criminal activities is currently ongoing).
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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