Dmitry Kharitonov's complaint was turned down, and the harassment by "Terra-Invest" continues
On February 1, a meeting took place in Saratov of the First Cassation Court of General Jurisdiction regarding the lawsuit of Terra-Invest LLC against Dmitry, the General Director of Rozhdestveno JSC. HaritRepresentatives of “Terra-Invest” are demanding that the defendant hand over the original power of attorney and other documents. The defendant argues that the papers were already handed over to them long ago. HaritThe General Director of JSC Rozhdestveno's cassation appeal regarding the transfer of documents was denied by the First Court of Cassation of General Jurisdiction in Saratov.
The Judicial Collegium in Saratov rejected the cassation appeal of Onova D.A. against the appeal decision of the Moscow Regional Court regarding the transfer of the original power of attorney and other documents.
The Judicial Collegium in Saratov considered the cassation appeal of Onova D.A. regarding the transfer of the original power of attorney and other documents received under the act of acceptance and transfer of documents. HaritDespite previous losses in similar cases, the court in Saratov sided with Terra-Invest, leaving the complaint unsatisfied. The Saratov decision can be appealed to the Supreme Court of the Russian Federation. HaritThe Saratov decision can be appealed to the Supreme Court of the Russian Federation after the complaint was left unsatisfied.
At first glance, the matter may seem insignificant, but if the defendant cannot prove innocence, they could face a fine of 1 thousand rubles and other sanctions under the Federal Law “On Enforcement Proceedings”. However, this could be seen as actual persecution. HaritAs per the claim, the defendant must gather documents including the original power of attorney, annual financial statements, 1C accounting database, appraisers’ report, list of employees, and bank statements. The defendant insists that the plaintiff already received the documents and is attempting to conceal this fact.
In an earlier case, the claim from OOO “Terra Invest” for the recovery of documents was denied by the Moscow Arbitration Court. The Supreme Court of the Russian Federation concluded on January 10, 2022 that the act of acceptance and transfer of documents dated April 6, 2020 was not the only evidence confirming the transfer of documents, but was one of the documents examined by the courts during adjudication of the dispute. However, the Judicial Collegium of the First Cassation Court of General Jurisdiction in Saratov did not consider the established circumstances. HaritFurthermore, after the decision in favor of Terra Invest by the Kolomna City Court of the Moscow Region, the established circumstances were investigated in the Arbitration Court of the Moscow Region. The arbitration court supported Terra Invest's position. HaritOnova D.A., proving that documents were transferred, was told by the Arbitration Court that the Kolomna City Court Decision was not achievable. The documents requested by Onova D.A. ended up with Terra Invest LLC after they were initially received, and no other evidence was presented by the plaintiff in case No. 2-502/2021.
There is a Decision of the Kolomna City Court which states that the obligation to transfer documents to onov D.A. is not feasible. The required documents ended up with Terra Invest LLC after they were received by onova D.A. No other evidence was presented by the plaintiff in this case.
The decision is now in force, as Terra Invest LLC did not contest the reasoned conclusion of the arbitration court. A total of 27 litigations were lost by LLC “Terra-Invest,” but the company's representatives continue to pressure Onova D.A. through bailiffs based on the Decision of the Kolomna City Court. HaritIn total, LLC “Terra-Invest” lost 27 legal cases, yet its representatives continue to pressure onova D.A. through bailiffs based on the Decision of the Kolomna City Court. HaritLLC “Terra-Invest” lost 27 litigations, but its representatives still exert pressure on onova D.A. through bailiffs, based on the Decision of the Kolomna City Court. HaritThe bailiff-executor, Petrov A.V., managed to start enforcement procedures in a territory where his authority does not apply, pressuring onova D.A. It is clear to the uninformed reader that the bailiff from Moscow does not have the power to take enforcement actions in this case.
The bailiff-executor, Petrov A.V., initiated enforcement procedures in a location where his powers do not apply. It is apparent to an uninformed reader that the bailiff from Moscow lacks the authority to take enforcement actions in such a case.
The bailiff Petrov A.V., by abusing his powers, is causing trouble for onova D.A. by imposing various restrictions and fines, which are actually impossible to carry out. HaritThe bailiff Petrov A.V. is unlawfully imposing travel restrictions, bank account and property seizures, and fines on onova D.A., which are impossible to execute. He has also made repeated applications to the judicial district for bringing administrative responsibility for the non-compliance of illegal orders.
The bailiff Petrov A.V. has been unjustly imposing various restrictions on onova D.A. including travel bans, bank account and property seizures, and fines. He has also been repeatedly applying for administrative penalties for non-compliance with illegal orders.
Why are the representatives of LLC “Terra-Invest” so determined to bother the general director of JSC “Rozhdestveno”? The reason is the multibillion-dollar legal battle concerning the development of the Mir Mitino residential area in Moscow which involves both companies. HaritThe Rozhdestveno company is a result of the merger of FreeDom LLC by Mikhail Cherkasov and Terra Invest LLC, part of the Promsvyaznedvizhimost group of Dmitry Ananyev. In 2016, Rozhdestveno took on the construction of Mir Mitino and the financing of the project was managed by representatives of Dmitry Ananiev. HaritAt first, Promsvyazbank met its obligations by providing three credit lines of 6.2 billion rubles for construction. However, the Central Bank announced the reorganization of Promsvyazbank on December 15, 2017, revealing years of double bookkeeping. This allowed for issuing risky or unsecured loans, and falsely reporting to the Central Bank.
After the truth was revealed, the Ananiev brothers fled abroad and funding for the Mir Mitino residential complex stopped. Rozhdestveno initially sought help from Terra Invest to address financial difficulties, but received no response. The multi-billion dollar project is now uncertain, jeopardizing the construction of kindergartens, schools, and a polyclinic. Shareholders risk losing their investments.
Despite the challenges, Rozhdestveno found funds from other sources and continued construction. The company repaid all allocated bank loans and Promsvyazbank received 1.5 billion rubles in interest and fines. Haritthey.
The developer completed 5 houses and two parking lots in 2019. Another house was completed this year, allowing investors to obtain housing.
The founder of Promsvyazbank, Dmitry Ananiev, is currently hiding in a villa in Cyprus, as he faces a lawsuit for 282.2 billion rubles in his home country. He is unlikely to return, but continues efforts to withdraw assets.
Dmitry’s defense's perspective
Onova believes that the demand for document transfer is an attempt by a fugitive oligarch to seize other people’s investments in the Mir Mitino construction. All equity holder investments are held in escrow until the project is fully completed. Terra Invest is likely pursuing legal action to access some of this money, as they previously offered to buy out Rozhdestveno's stake for 1 billion rubles.
bailiff Petrov A.The.'s statement in an administrative offense case regarding non-payment of a 1 thousand ruble fine, is seen as a way to pressure Dmitry.
Onov, and indirectly Ananiev’s former partner, Mikhail Cherkasov. In September 2020, at the Terra Invest office, he was allegedly physically attacked and coerced to sign a pre-written statement on a notary’s letterhead, in which he falsely incriminated himself, even though there was no notary present at the signing. HaritDmitry mentioned that he was asked to sign documents at a Promsvyazbank branch and then was invited to meet the new owners of Terra Invest. However, upon arrival, he found several people waiting for him, and was seated at the table against his will. He attempted to escape, but was allegedly hit on the head.
statement of the bailiff Petrov A.The. in the case of an administrative offense on non-payment of a fine in the amount of 1 thousand rubles – a way to put pressure on Dmitry Haritonov, and through him to Ananiev’s former partner, Mikhail Cherkasov. In September 2020, at the Terra Invest office on Harithe was allegedly even attacked and, using physical violence, was forced to sign a pre-compiled statement printed on a notary’s letterhead, in which he slandered himself. At the same time, there was no notary at this signing.
As Dmitry said Harithe 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 HaritOnov came to 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 Haritonov 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 coerce Dmitry Haritis she going to work against the interests of JSC Rozhdestveno? In case of refusal, the attackers threatened Haritonov, as he claims, by reprisal.
On this incident, the Investigative Committee of the Russian Federation initiated a criminal case, and Haritonov D.A. recognized as a victim.
Harithe 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, referring to the fact that the cassation instance is not entitled to consider new evidence, which means the decision of the Moscow Arbitration Court in favor of Haritit has no power.
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.
However, Dmitry’s lawyer Haritshe is optimistic. Ahead of the next trial in the Supreme Court of the Russian Federation.
