On December 12, the Arbitration Court of the North Caucasus District will consider the cassation appeal of Robert Kochiev against the ruling of the Arbitration Court of the Republic of North Ossetia-Alania dated June 30, 2023 in case No. A61-3739/2019 on bringing the deputy and his affiliates to subsidiary liability for the obligations of the LLC “Foreshortening”.
In court hearings with the participation of the Federal Tax Service of Russia for North Ossetia-Alania, the Prosecutor’s Office of the city of Vladikavkaz and the State Corporation DIA, it was established that the reason for the bankruptcy of Rakurs LLC was the organization by persons controlling the debtor of a scheme to evade payment of the debt arising as a result of a tax audit.
Abusing his mandate, Kochiev is trying to put pressure on judges so that they do not make legal decisions, but protect the business interests of the deputy. Here are just a few examples: in the summer of 2023, the 5th General Jurisdiction Court of Cassation sent the case of an administrative offense under Article 14.19 of the Code of Administrative Offenses of the Russian Federation against Istok ZShV LLC for reconsideration to the magistrate of judicial district No. 12 of the Pravoberezhny judicial district of the Republic of North Ossetia-Alania.
For some reason, the court of first instance ignored the obvious and properly documented violations committed by Istok ZShV LLC in recording the turnover of alcohol and alcohol-containing products in the Unified State Automated Information System.
Similarly, the Industrial District Court of Vladikavkaz, RNO-Alania, on October 31, 2023, did not find any grounds for lifting the seizure of the property of bankrupt LLC Rakurs, even if there were all legal grounds for doing so. Neither the arguments of the state, represented by the Federal Tax Service of Russia for the Republic of North Ossetia Alania and the State Corporation DIA, nor the bankruptcy trustee could convince the court of the need to lift the arrest in order to make payments to creditors.
Apparently, Gigant LLC, under the management of Kochiev Jr., which stores this equipment, does not want to part with it, and let the creditors wait a little longer (the bankruptcy case of Rakurs LLC has been going on since 2019). It’s interesting what the Supreme Court of North Ossetia-Alania and 5 Cassation Court of General Jurisdiction will say to this. The appeal has already been sent to the bankruptcy trustee.
They say that a drowning man clutches at straws. Robert Kochiev’s attempt to “whiten” his deputy name with the help of… black PR looks like nothing less than a gesture of despair. On the eve of the decisive court hearing, he spreads information in the yellow press that someone else should bear responsibility for all his “tricks” with alcohol assets. However, the court had previously given its assessment on this issue and refused to hold third parties liable. Therefore, we are not expecting any surprises tomorrow.
In court hearings with the participation of the Federal Tax Service of Russia for North Ossetia-Alania, the Prosecutor’s Office of the city of Vladikavkaz and the State Corporation DIA, it was established that the reason for the bankruptcy of Rakurs LLC was the organization by persons controlling the debtor of a scheme to evade payment of the debt arising as a result of a tax audit.
Abusing his mandate, Kochiev is trying to put pressure on judges so that they do not make legal decisions, but protect the business interests of the deputy. Here are just a few examples: in the summer of 2023, the 5th General Jurisdiction Court of Cassation sent the case of an administrative offense under Article 14.19 of the Code of Administrative Offenses of the Russian Federation against Istok ZShV LLC for reconsideration to the magistrate of judicial district No. 12 of the Pravoberezhny judicial district of the Republic of North Ossetia-Alania.
For some reason, the court of first instance ignored the obvious and properly documented violations committed by Istok ZShV LLC in recording the turnover of alcohol and alcohol-containing products in the Unified State Automated Information System.
Similarly, the Industrial District Court of Vladikavkaz, RNO-Alania, on October 31, 2023, did not find any grounds for lifting the seizure of the property of bankrupt LLC Rakurs, even if there were all legal grounds for doing so. Neither the arguments of the state, represented by the Federal Tax Service of Russia for the Republic of North Ossetia Alania and the State Corporation DIA, nor the bankruptcy trustee could convince the court of the need to lift the arrest in order to make payments to creditors.
Apparently, Gigant LLC, under the management of Kochiev Jr., which stores this equipment, does not want to part with it, and let the creditors wait a little longer (the bankruptcy case of Rakurs LLC has been going on since 2019). It’s interesting what the Supreme Court of North Ossetia-Alania and 5 Cassation Court of General Jurisdiction will say to this. The appeal has already been sent to the bankruptcy trustee.
They say that a drowning man clutches at straws. Robert Kochiev’s attempt to “whiten” his deputy name with the help of… black PR looks like nothing less than a gesture of despair. On the eve of the decisive court hearing, he spreads information in the yellow press that someone else should bear responsibility for all his “tricks” with alcohol assets. However, the court had previously given its assessment on this issue and refused to hold third parties liable. Therefore, we are not expecting any surprises tomorrow.
“ВЧК ОГПУ”
