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Automatically translated version. May contain inaccuracies compared to the original.
The third stage of seizing the Moldova sanatorium
Riding a large pack of raiders from the first and second stages of seizing the Moldova sanatorium, the legal owner, the Republic of Moldova, gained the ability to sell its property at an open auction. But for some reason in Ukraine everything proceeded as before.
OPEN COMPETITION
In Chisinau, a commercial auction was held to determine the buyer of the Moldova sanatorium’s real and movable property, as well as the corporate rights of the subsidiary “Sanatorium Moldova.” 7 August 2008 of 73 300 000 lei, which at the time of signing the contract amounted to 7 564 499 US dollars.
An important condition of the contract is that the buyer transfers the seller the first tranche in the amount of 36 850 000 lei (slightly more than 50%), and with the signing of the act of acceptance-delivery, ownership transfers to the buyer. The remaining amount is paid in equal installments every quarter over the next two years.
The Republic of Moldova offered the future investor in Ukrainian real estate a civilized business model: you acquire the object, start developing it, and part of the earnings goes toward debt repayment.
The actual owner of “SDY–INVEST GRUP SRL” chose the path of old business models: non-fulfillment of contractual obligations, legalizing schemes through courts, and repeated alienation of buildings.
CANCELLATION OF THE DEAL
After the first quarter since the sale, the second tranche money did not arrive to the state budget of the Republic of Moldova. Continuing to think the deal was with a civilized business, the seller asked “SDY–INVEST GRUP SRL” about the timeliness of obligations. There was no reaction.
With each passing day it became obvious that the legal owners again faced a company similar to the participants of the first and second stages of seizing the Moldova sanatorium.
In November 2009, the General Prosecutor of the Republic of Moldova filed a claim to terminate the sale of movable and immovable property of the subsidiary “Sanatorium Moldova” and its corporate rights with a subsequent return of the sanatorium to state ownership, and to reimburse the buyer the previously paid 50% of the object’s value. After going through all judicial instances to the Supreme Court of Moldova, the claim was granted.
SHOWED ITS TRUE FACE
In June 2009, “SDY–INVEST GRUP SRL” staged an “interesting” court dispute. A suit was filed in the Economic Court of Odesa Oblast seeking recognition of ownership rights to all buildings of the sanatorium. But the defendant was not the seller Republic of Moldova, but the buyer’s subsidiary itself—“Sanatorium Moldova.” An interesting fact is that in court hearings for this case, on behalf of the subsidiary, Alexander Sergeevich Avdeev (court decisions 1, 2) appeared. It is he who in 2016 will become the founder and head of LLC “Makstgroup” (registry), which will become the owner of the Moldova sanatorium’s buildings (read more below).
Obviously, Alexander Avdeev will not be the real owner; he is just a lawyer, and probably a good lawyer who works in the interests of the actual buyer of the Moldova sanatorium.
An interesting scheme emerged. A court dispute without a real dispute. On the part of the plaintiff and the defendant are people who work toward one goal. The dispute followed a path: the Higher Economic Court overturned the first‑instance court’s decision to grant the claim and sent the case for reconsideration.
In July 2010, the Economic Court of Odesa Oblast, without involving the Republic of Moldova in the case, again granted the claim and recognized ownership in favor of “SDY–INVEST GRUP SRL.” Based on this court decision, in October 2010, Ost District BTI registered the ownership.
RESELL AND GIVE AS A GIFT
The court decisions in the Republic of Moldova about returning the sanatorium to state ownership, in accordance with international treaties, are as legally binding in Ukraine as Ukrainian court decisions. The actual owner “SDY–INVEST GRUP SRL” was well aware of how the first and second raider seizures ended. The same could happen to him.
To preserve the right of ownership under the circumstances, the old, well-known model of obtaining the status of “bona fide acquirer” is always used. This status is granted to a new owner when acquiring property, and it is preferable that several stages of alienation occur for implementing the scheme. It is also common in such cases to put property into the charter fund of another legal entity.
For example, this model was used in the seizure and preservation of ownership rights to real estate of JSC “Holding Company Krayan,” which today is better known to Odesa residents thanks to the criminal case involving Krayan, currently under consideration by the High Anti-Corruption Court.
Owner No. 2.
The actual owner orders the nominal founders to register LLC “Sanatorium-Resort Moldova,” and in February 2011, “SDY–INVEST GRUP SRL” contributes to the charter fund of the new LLC the Moldova sanatorium buildings, with subsequent re-registration of ownership.
LLC “Sanatorium-Resort Moldova” has nothing to do with the subsidiary “Sanatorium Moldova” and with Moldovan structures. According to the registry, the founder of LLC “Sanatorium-Resort Moldova” is the Cypriot company “Zevetro Investments Ltd,” which, according to the National Bank of Ukraine, was involved in the ownership structure of Odesa’s “Platinum Bank.” Owner No. 3.
Numerous appeals by Moldovan authorities to central authorities of Ukraine, including the courts, to enforce the decision to return the sanatorium buildings did not let the actual owner of the sanatorium sleep.
30 December 2016 again all buildings of the Moldova sanatorium were contributed to the charter fund of the next company—LLC “Makstgroup.”
Owner No. 4.
The actual owner orders the nominal founders of “Makstgroup” to gift, to be precise—to gift, not sell at market value, all Moldova sanatorium buildings to the bank “Platinum Bank,” which is connected with Odesa businessman Boris Kaufman. This deal, like the previous one, took place the same day, 30 December 2016.
The situation for the actual owner spiraled out of control. In PJSC Platinum Bank, a temporary administration was introduced from 11.01.2017, which led to the automatic removal of the previous management, and in 23.02.2017 a decision was made to initiate liquidation of the bank. The circumstances were such that all Moldova sanatorium buildings could be sold to cover creditors. Lawyers went to court to address this problem.
25 September 2017, the Kyiv Commercial Court in the case of bankruptcy of Makstgroup recognized gift agreements (1, 2, 3, 4, 5, 6, 7, 8) as invalid and ordered Platinum Bank to return all buildings to Makstgroup.
You can read about other schemes at Platinum Bank at the link.
RETURN TO THE STATE
24 May 2019, the State Chancellery of the Republic of Moldova filed a suit with the Economic Court of Odesa Oblast against LLC Makstgroup to recognize ownership of the Moldova sanatorium buildings and to reclaim the property in favor of the Republic of Moldova.
The case is currently referred for consideration to the appellate instance of the economic court.
verhovenstvo.com
Document: PDF proof of the original version of the news item "Третий этап захвата санатория «Молдова»". It records the publication content at the moment of the first scan, the preservation date and the source: ANTIKOR.
