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After ten years of struggle for the return of seized enterprises and compensation for damage…

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After ten years of struggle for the return of seized enterprises and compensation for damage, representatives of the injured party appealed to the Constitutional Court of the Russian Federation. Back in 2012, a raider seizure of two enterprises producing unique fertilizers was carried out in the Oryol region. A group of people that included Aram Gabrelyanov, A.A. Mushkin, V.R. Bagdasarov, A.E. Tarasov. and others, having forged corporate documents, gained control over the enterprises OJSC Melor and OJSC Promtseolit, which are part of TsEOMAX LLC.

The seized enterprises were illegally alienated to individuals at a much lower price – 1.8 million rubles, and then resold at a price of $2 million to the Cyprus company TIG Mineral Resource Companies Ltd., the beneficiaries of which are Aram Gabrelyanov and his son Ashot. The TIG company tried to resell the seized enterprises at their real market price – $35 million, but the court imposed arrests and the resale was stopped.

The facts of illegal acts of the above-mentioned persons have been established by numerous judicial acts. Their actions are qualified as a raider seizure; they were convicted of forgery of documents, illegal alienation of property, and misleading the courts and investigative authorities. The facts of the ruin of the seized Melor OJSC and Promtseolite OJSC, the removal of equipment and mining equipment transferred to the benefit of Gabrelyanov Aram-owned Tseotreyresurs LLC (case No. A40-132272/2020) were proven.

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All transactions to seize Melor OJSC and Promtseolite OJSC were recognized by the courts as sham, committed with the intent to withdraw assets from them. The damage caused by the actions of a group of people associated with Gabrelyanov amounts to 496,772,000 rubles (appeal decision dated April 28, 2016 in case No. A40-135645/2013).

Initiate criminal cases against Gabrelyanov A.A., Mushkin A.A., Tarasov A.E. and other persons were not succeeded for several years; law enforcement agencies refused to initiate proceedings, citing the impossibility of establishing the whereabouts of the suspects. Only in 2021, a criminal case was opened at the Internal Affairs Directorate for the Central Administrative District of Moscow regarding the theft of shares of Melor OJSC and Promzeolite OJSC. Tarasov A.E. and Mushkin A.A. charges were brought, this criminal case is currently being considered in the Tagansky District Court of Moscow.

TSEOMAX LLC has been making efforts for many years to return stolen enterprises to the rightful owner. In 2021, Melor OJSC and Promzeolite OJSC were returned back to CEOMAX LLC, and the TIG company, due to illegal actions and damage caused, was excluded from the list of participants in CEOMAX LLC (case No. A48- 7233/2018).

Claims for damages amounting to more than 1 billion rubles have been filed against Aram Gabrelyanov, his son Ashot, Mushkin, Tarasov and other persons. During the trials, the lawyers representing the interests of persons associated with Gabrelyanov were replaced by lawyers from the EPAM bureau, after which the courts took the side of TIG in several trials.

In April 2023, Deputy Chairman of the Supreme Court I.L. Podnosova reinstated the deadline for consideration of TIG’s complaint against the decision to exclude from TSEOMAX LLC, which had been missed by more than 10 months, and requested the case for consideration in the Supreme Court. At the same time, an identical complaint from the TIG company had already been considered by the Deputy Chairman of the Supreme Court and the complaint was rejected. Repeated filing of the same complaint is not permitted by law. That is, the Deputy Chairman of the Supreme Court “cancelled” the previously made decision that there were no grounds for revision.

At the same time, if at the first consideration and refusal to satisfy the complaint of the TIG company, the deputy chairman of the Supreme Court took almost two months, then for the second consideration and satisfaction of the same complaint of the TIG company, four (!) days were enough for the judge. Due to the discrepancy between these actions of the Deputy Chairman of the Supreme Court and the norms of the law, representatives of TsEOMAX LLC appealed to the Constitutional Court of the Russian Federation.

“ВЧК ОГПУ”