Judge Tatkov outplayed ARMA again
The Pechersky District Court of Kiev declined to transfer the ex-chairman of the Supreme Economic Court Viktor Tatkov's property to ARMA. The editors of 368.media learned about this from the materials of the criminal proceedings under various articles of the Criminal Code.
According to investigators, Judge Tatkov became the actual owner of real estate worth a total of UAH 63.78 million, which is registered under the names of others, including the ex-wife, her parents, other relatives, the children's nanny, the driver, the nanny's son, the accountant, and other trusted persons.
In 2009-2010, as chairman of the Donetsk Economic Court of Appeal, Judge Tatkov, allegedly obtained property assets of Zuevsky Energy Mechanical Plant CJSC worth more than 40 million hryvnia through deceit and abuse of trust in agreement with a group of persons.
Later, the chairman of the Supreme Economic Court reportedly formed a criminal group and obstructed the work of individual judges to influence court decisions and interfere in the document management system.
Specifically, between February-April 2012, the investigation claims that Judge Tatkov received six apartments and four parking spaces for nominees in exchange for a decision in favor of Budspetsservis LLC.
In total, there are 143 real estate objects registered under the names of 30 different individuals and legal entities associated with Tatkov, with the judge believed to be the actual buyer, thus legitimizing illegally obtained funds.
Judge Tatkov outplayed ARMA again
In 2019, the Pechersk court approved the seizure of the property as material evidence, but refused to transfer it to the management of ARMA, citing the need to obtain consent from the owners and establish the market value of the property.
The court found that the State Bureau of Investigation had not taken steps to obtain consent from the owners of the property, despite their objections during the court session.
It is also necessary to establish the market value of the property, as the materials provided did not contain written confirmation of the real estate valuation, given the substantial cost of the material evidence.
In addition, ARMA manages assets that have been seized in criminal proceedings with a ban on disposal or use.
However, by the decision of the Pechersky District Court of the city of Kyiv dated August 21, 2019, the request for arrest was partially satisfied, without a ban on use. In November, the court already considered a petition that was identical in content and refused to transfer the property to the management of ARMA.
The shortcomings that were the basis for refusing to satisfy the petition were not corrected over the next three years and the investigator re-applied to the court with by a similar petition.
In addition, the episode with the possible receipt of a bribe by Tatkov in the form of apartments and parking spaces in 2020 was separated into a separate criminal proceeding. Therefore, the fate of these objects cannot be decided in this case.
Most of the real estate, the subject of the investigator's petition, is apartments. In the event of the transfer of residential premises to the management of ARMA, owners, tenants, relatives and acquaintances of the owners. will be deprived of the possibility of further use of such premises, which is expressly prohibited by a special rule established by Part 12 of Article 170 of the Code of Criminal Procedure.
The judge also takes into account that in April 2021, the arrest from the supermarket owned by Lider LLC was canceled by a decision Group, excluding the transfer of this property to the management of ARMA. The State Bureau of Investigation did not provide any evidence of the re-seizure.
Taking into account all these arguments, the court refused to transfer the property to the management of ARMA due to the lack of legal grounds for this. The ruling is not subject to appeal.
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