In February 2020, the Moscow Arbitration Court opened bankruptcy proceedings…

In February 2020, the Moscow Arbitration Court opened bankruptcy proceedings in the bankruptcy case of Stroy-Kompleks LLC, which it owned, which acted as the developer of the elite residential complex Neskuchny HOME &spa, which was planned to be built on lands adjacent to the Third Transport Ring in Donskoy Lane on the site subject to resettlement . The project started with pretentiousness: 5 towers in the center, overlooking central Moscow, was positioned as a new Moscow City and was sold with appropriate aplomb (a vintage car drove around Moscow, a mini sales office was located in the Central Department Store).

Having settled only 7 thousand sq.m. of the required 54 thousand sq.m. and having inappropriately spent about 800 million rubles from the 2.2 billion rubles received from shareholders, the developer, having received more than 5 court sanctions from the Department of Construction Supervision of the City of Moscow, the developer entered into bankruptcy proceedings.

On the eve of bankruptcy, the 11 billion debt, under a loan issued to the developer Blazhko, which was not secured by any collateral at all (from the word at all), was urgently transferred to Svyaz Bank, and subsequently to Promsvyaz Bank for 900 million rubles under an assignment agreement. No traces of 11 billion rubles issued under a loan to Maxim Blazhko’s company have yet been found.

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During the bankruptcy procedure, Maskim Blazhko, who worked closely with Mr. Doroveevmy, authorized in the Bank’s management, lobbied for a scheme to conclude a settlement agreement, according to which the bank paid off over 600 million rubles to pay the developer’s current debts and to buy out the rights of claim of shareholders under DDU agreements that were executed on Mr. E. Mokaev. Moreover, in court, the representatives did not deny that Mr. Mokaev carried out the repurchase under the DDU agreements with the Bank’s money, and in the notary registry database there is data that the shares of the state-owned company Mokaev were pledged to PSB.

On December 16, 2021, the Arbitration Court of Cassation upheld the Determination on approval of the Settlement Agreement of the Moscow Arbitration Court dated September 22, 2021, and it would seem that Mr. Blazhko’s problem was resolved, but it was not so.

On December 20, 2021, the court received a cassation appeal from the state corporation DOM RF, from the text of which it follows that the rights under a number of DDUs could not be assigned to Mokaev and he could not vote with these votes at a meeting of creditors to approve the settlement agreement, since previously there were decisions of district courts in the Republic of Dagestan were made to terminate contracts and collect compensation from the state corporation DOM RF.

Now the Supreme Court will consider Mr. Blazhko’s machinations for their legality, since Moskomstroyinvest, not without reason, believes that such a settlement agreement not only violates the rights of the parties, but was also made in violation of a number of norms of Russian legislation.