Dmitry Kharitonov's complaint was turned down, and the harassment by “Terra-Invest” continues.

Saratov held a meeting of the First Cassation Court of General Jurisdiction on February 1 to address the lawsuit of Terra-Invest LLC against Dmitry Kharitonov, General Director of JSC Rozhdestveno. Terra-Invest representatives insist that the defendant give them the original power of attorney and other documents. Kharitonov's side is trying to prove that they already handed over the papers in question.
The First Court of Cassation of General Jurisdiction in Saratov rejected the cassation appeal of the General Director of JSC Rozhdestveno regarding the document transfer case.
The Judicial Collegium in Saratov reviewed the cassation appeal of the party Kharitonova D.A., which included an appeal against the ruling of the Moscow Regional Court on the transfer of the original power of attorney and other documents. Despite Terra-Invest's history of losing similar cases, the Saratov court sided with the plaintiff and did not satisfy Kharitonov’s complaint. The Saratov decision can be appealed to the Supreme Court of the Russian Federation.
At first glance, the case seems insignificant: even if Kharitonov ultimately fails to prove his case in the document transfer proceedings, he faces a fine of 1,000 rubles and other sanctions under the Federal Law “On Enforcement Proceedings”. However, this may constitute real persecution.
According to the lawsuit, Kharitonov must hand over the original power of attorney, annual financial statements, 1C accounting database, appraisers’ report, a list of employees, and bank statements. Kharitonov’s side argued that the plaintiff already received the documents and is trying to conceal this fact.
The Moscow Arbitration Court previously considered this issue in case No. A40-159035 / 2020 and denied the claim of OOO “Terra Invest” for document recovery. Following appeals, the Supreme Court of the Russian Federation concluded on January 10, 2022 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”. However, the Judicial Collegium of the First Cassation Court of General Jurisdiction in Saratov surprisingly did not take into account the circumstances established by the highest judicial body, which have the force of prejudice. It's a puzzle why they did not consider this. Do they abide by different laws in Saratov?
Furthermore, 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. The arbitration court agreed with the position of Kharitonov D.A., establishing the fact of the document transfer. The Arbitral Tribunal in its decision explicitly stated the following: The decision of the Kolomna City Court in the Moscow Region about Terra Invest LLC's claim against Kharitonov D.A. is not possible because the required documents are missing and no other evidence was presented by the plaintiff.
This decision is now in effect and Terra Invest LLC did not challenge the arbitration court's conclusion.
LLC “Terra-Invest” lost 27 legal cases, but its representatives are still pressuring Kharitonov D.A. based on the Kolomna City Court's decision.
The bailiff in the South-Eastern Autonomous Okrug of Moscow, OSP, is responsible for enforcing the law. Petrov A.V. The bailiff somehow initiated enforcement proceedings in an area where he has no authority, which is not allowed. The case should be transferred to the FSSP of the Moscow Region based on territorial jurisdiction. There are suspicions about the bailiff's corrupt interest in the money of a fugitive oligarch. D. Ananyeva?
Currently, bailiff A.V. Petrov is abusing his authority by enforcing travel restrictions outside Russia, freezing bank accounts, and imposing fines for an impossible court decision on D.A. Kharitonov multiple times from December 2022 to January 2023. addressed Kharitonov has submitted statements to the judicial district No. 77 of the justice of the peace of the city of Kolomna about not following illegal orders of the bailiff and is being pressured to be found guilty of an administrative offense, even though criminal liability is only for malicious non-execution of an unenforceable court decision. It appears that the bailiff and Terra Invest LLC are attempting to achieve this outcome.
Why are representatives of LLC “Terra-Invest” so determined to trouble the general director of JSC “Rozhdestveno”? Both companies are involved in a multi-billion-dollar trial over the development of the Mir Mitino residential area in Moscow.
Rozhdestveno is the result of the merger of FreeDom LLC Mikhail Cherkasov and Terra Invest LLC, which belongs to the Promsvyaznedvizhimost group of Dmitry Ananyev. In 2016, Rozhdestveno began constructing Mir Mitino in the northwest of the capital. Dmitry Ananyev's representatives financed the project, and Mikhail Cherkasov and Dmitry Kharitonov were in charge of construction.
Initially, Promsvyazbank fulfilled its obligations. Three credit lines totaling 6.2 billion rubles were allocated, and construction started. However, on December 15, 2017, the Central Bank announced the reorganization of Promsvyazbank due to years of double bookkeeping, allowing loans to be issued without adequate collateral.
When the truth came out, the Ananiev brothers ran away and the money for building the Mir Mitino residential complex stopped. Rozhdestveno asked Terra Invest for help with money problems, but got no response. The multi-billion dollar project is now uncertain. The construction of kindergartens, schools, and a polyclinic is also at risk. Shareholders may lose their money.
Despite the problems, Rozhdestveno found money from other sources to keep building. The company paid back all the bank loans on its own. Promsvyazbank also got 1.5 billion rubles in interest and fines.
In 2019, the developer finished 5 houses and two parking lots. Another house was completed this year, allowing people to move into the housing they invested in.
The founder of Promsvyazbank, Dmitry Ananiev, is hiding in a villa in Cyprus to avoid a lawsuit in his home country for 282.2 billion rubles and a criminal case. It's unlikely that he will return, but he is still trying to take out assets.
Dmitry Kharitonov's defense believes that the request for documents is an attempt by a fugitive oligarch to take other people's money invested in the construction of Mir Mitino. All investments are held in escrow until the project is finished. Terra Invest seems to be taking legal action to get some of this money, as they previously offered 1 billion rubles to buy out its stake.
Bailiff Petrov A. thinks that the non-payment of a 1 thousand ruble fine is a way to pressure Dmitry Kharitonov and, indirectly, Ananiev's former partner, Mikhail Cherkasov. Kharitonov claims that he was attacked and forced to sign a statement slandering himself. There was no notary present at the signing.
According to Dmitry Kharitonov, he was asked to sign documents at a Promsvyazbank branch and then invited to meet the new owners of Terra Invest. When he arrived, he found several people waiting for him. The general director of Rozhdestveno was persistently trying to keep him at the table. Events then unfolded with Kharitonov allegedly trying to escape, being hit on the head, losing consciousness, and waking up with four unfriendly citizens, two of whom were wearing masks.
This seems like an attempt to force Dmitry Kharitonov to work against the interests of JSC Rozhdestveno. He claims that the attackers threatened him if he refused.
The Investigative Committee of the Russian Federation started a criminal case about this incident, and Kharitonov D.A. was 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.