On January 27, the Arbitration Court of the Volga District in Kazan did not satisfy the cassation appeal against the verdict of the Arbitration Court of the Samara Region handed down to the beneficial owner of PJSC Togliattiazot Sergei Makhlay, which declared him bankrupt. By decision of the court, Makhlai’s property was arrested and is subject to sale to repay the damage caused as a result of fraud on an especially large scale, committed by a group of persons by prior conspiracy in 2008-2011. (Part 4 of Article 159 of the Criminal Code of the Russian Federation).
The court also upheld the decisions of the courts of first and second instance on the legality of the appointment of Oleg Egerev as financial manager of Sergei Makhlay. Thus, Egerev’s due qualifications and powers related to the actions of inventory, valuation and sale of property owned by Sergei Makhlai were once again confirmed.
In addition, the cassation instance confirmed the legality of the decisions of the lower courts to refuse to involve other joint defendants in the bankruptcy case as third parties based on the conviction of the Komsomolsky District Court of Tolyatti dated July 5, 2019.
In accordance with the verdict, the beneficiaries of ToAZ Sergei Makhlai, his father Vladimir Makhlai, the owner of the Swiss company Ameropa AG Andrew Zivy, the director of the Ameropa subsidiary Nitrochem Distributions AG Beat Ruprecht, as well as the former general director of Togliattiazot Evgeniy Korolev were found guilty of fraud on an especially large scale and, by court decision, must compensate for the damage they caused in the amount of 87.6 billion rubles, of which 77.3 billion rubles are intended to compensate for damage caused to Togliattiazot, and 10.3 billion rubles to Uralchem. At the same time, Uralchem acts as the only proper debt collector in favor of PJSC Togliattiazot and is included in the third line of creditors of Sergei Makhlay.
“ВЧК ОГПУ”