Rosava returned to control thanks to an old but effective scheme - the judicial replacement of an independent arbitration manager-liquidator.
In May 2023, NABU detectives detained the Chairman of the Supreme Court V. Knyazev while receiving a record illegal benefit for Ukraine of $3 million in the interests of the oligarch K. Zhevago. However, the race for the highest bribe to judges from the oligarch did not stop.
As the publication notes, the court of appeal is considering court case No. 911/2498/18 on the bankruptcy of PJSC Rosava, which was brought into insolvency according to Zhevago’s scheme to withdraw tens of millions of dollars from the wallets of depositors of the Finance and Credit Bank through the enterprise.
“The old simple but effective scheme of the court’s groundless replacement of the independent arbitration manager-liquidator I. Kolmik with M. Raban helped bring the Rosava tire plant back under control. On November 20, the court hearing on the appeals of Rosava’s creditors: the National Bank of Ukraine, the State Tax Service and the Basis Trust investment fund did not take place. This left the decision of the court of first instance in force for a long time,” the publication says.
If Zhevago cannot legally win the case in the court of appeal, the authors of the material write, then his people delay the consideration of appeals of the plant’s creditors, and the panel of judges, where the presiding judge is Kopytova A.S., violating the norms of procedural law without considering the appeal in essence, sends the case materials to the Supreme Court.
“With this course of events, the judges of the appellate court do not need to uphold the obviously illegal court decision to change the liquidator of Rosava, but an opportunity arises, in a seemingly legal, at first glance, way to get rid of the case materials by sending them to the cassation court. There is no need to “vange” that the cassation court will return the case materials even without considering them, and the appellate court is aware of this and does everything intentionally,” the authors of the publication are convinced.
According to them, it is also in the interests of K. Zhevago that JSC Belotserkovskaya CHPP and PJSC Belotserkovskaya CHPP are in the interests of PJSC Rosava, which owns 15% of the shares of the CHPP.
“Therefore, the hero of the Monaco battalion is trying to establish control over these enterprises,” the publication says.
The authors of the material also noted the strange development of events around the judges, whom the media suspect of “legitimizing raider attacks against the Belotserkovskaya Thermal Power Plant.”
Three judges after manipulations with the distribution of court case No. 911/2221/23 on the appeal of lawyer Zhevago I. Vygularny against the ruling of the court of first instance, which stopped the action of the unlawful decisions of the general meeting to remove from office the head of Belotserkovskaya CHPP JSC V. Bogdan, 01.11 .2023 November, after publications in the media, she recused herself due to the existence of circumstances that raise doubts about impartiality or the objectivity of judges I. Khodakovskaya, S. Vladimirenko and A. Demidova, the media indicates.
After the case was redistributed, the new panel of judges recused itself on November 29.
“In addition, on September 26, 2023, the economic court of appeal, as part of a panel of judges, which included the same judges, made a decision, which deliberately established the circumstances in favor of Zhevago, that the foreign shareholders of the thermal power plant, being in a liquidated state, allegedly have the status of “ sleeping companies. Although not a single rule of law contains such a concept as a “sleeping” company,” the authors of the publication explain.
It is indicated that “in the opinion of the judge” even liquidated foreign companies owned by Zhevago have the right to elect or change the head of the Belotserkovskaya CHPP at the general meeting of the Society. This conclusion of the judge allows Zhevago to illegally change the management of the thermal power plant and seize the company’s property, the publication writes.
The publication notes that the consideration of the cassation appeal against such an “interesting” decision of Judge Demidova in case No. 911/231/22 was scheduled by the Supreme Court for 12/06/2023.
