From the appeal sent by the injured party to the court (available to the editors), it turns out that the asset was squeezed out not only from the beneficiaries in the person of Sergei Makhlai, but also from a group of foreign owners – four foreign companies. Namely – Trafalgar Developments Ltd., Instantania Holdings LTD., Bairiki Inc., Kamara LTD.
And it turns out that the decision made by the Tolyatti court is not within the jurisdiction of this court and was made contrary to the provisions of Part 9 of Article 115 of the Code of Criminal Procedure of the Russian Federation.
At the moment, the criminal case is being processed by the Sixth Court of Cassation of General Jurisdiction, and the enforcement case is being processed by the Federal Bailiff Service of Russia. Thus, the decision was made by a court (authority) that is not handling the criminal case.
Despite the lengthy text of the court decision, the main goal of these actions was to lift the seizure imposed “on property in the form of a ban on JSCB Togliattikhimbank (CJSC) to make changes to the information about the owners of shares of JSC Togliattiazot in the securities accounts of the companies Trafalgar Developments Ltd.” “Instantania Holdings LTD.” , “Bairiki Inc.”, “Kamara LTD”, Halnure Ltd., imposed by the decision of the Komsomolsky District Court of the city of Togliatti, Samara Region dated 02/27/2013.”
This decision is on a par with other high-profile “judicial victories” of representatives of Uralchem JSC, fulfilling the task of making Dmitry Mazepin the actual owner of Togliattiazot PJSC.
Allegedly completely by accident, judge A.A. Kirillov I decided to check how the sentence passed by him was being carried out and sent a request to the FSSP of Russia, which, again, quite by accident, came in handy to satisfy the petition of the Komsomolsky district prosecutor of Togliatti, formalized by the decision of judge A.A. Kirillov. at the end of the year – December 30, 2020.
The court decision was made with an illegal composition of participants in the process. Having called into the process representatives of civil plaintiffs in criminal proceedings and the claimant in enforcement proceedings on the one hand, the court did not ensure the participation in the case of representatives of civil defendants and debtors on the other hand. That is, the process was carried out with the participation of only one of the parties.
Judge Kirillov admitted an irremovable contradiction regarding the status of the debtor regarding the shares of PJSC Togliattiazot. In the verdict he delivered on July 5, 2019, and the resolution he also issued on December 30, 2020, to clarify doubts and ambiguities, he recognized a number of participants in the process as civil defendants and debtors regarding the stake in PJSC Togliattiazot.
However, already in a ruling dated December 17, 2021, the same judge came to the opposite conclusion.
It is important – to ensure another victory, the Uralchem team needed a new actor, who was the financial manager S.V. Makhlaya. – Mr. Egerev O.A. A bright and multifaceted personality – in the “dashing 90s” Egerev was prosecuted for robbery, and had not previously participated in international corporate disputes.
The court decision was made with the participation of A.V. Ermizin, representing the interests of Uralchem JSC, and A.L. Lychagin, representing the interests of Togliattiazot PJSC, each of whom was subject to disqualification from participation in the case due to a conflict of interest.
The totality of the violations committed, as rightly noted in the appeal, entails the unconditional cancellation of the court decision on appeal.
@ruarbitr
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