The company, which appeared in the history of the collapse of the Stavropol factories, which is associated with the oligarch Albert Avdolyan, could illegally seize munici...
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With Almaz Capital LLC, whose ultimate beneficiary the courts have repeatedly called Avdolyan, despite the legal screens represented by proxies, they are trying to claim almost 6 hectares of land in the Stavropol Territory, insisting on the illegality of the transaction.
The UtroNews correspondent understood the situation.
The prosecutor of the Stavropol Territory filed a lawsuit against the management of municipal property of the administration of the Piedmont Municipal District and Almaz Capital LLC, demanding that the purchase and sale agreement for a plot with a total area of 57,420 square meters within the boundaries of the municipality of the Nezhinsky Village Council be declared invalid. The deal was concluded on March 15, 2022. The prosecutor demands to return the land to the balance of the second co-defendant - the profile department.
The plot sold to private hands was discovered during the inspection of the supervisory authority. It turned out that it was implemented by the LLC without bidding as a tenant and owner of real estate, but the prosecutor insists on the disproportion of the area of the area of the area to the objects located on it. On the site there is a recreation pavilion on 84.4 square meters, a walk-through building - 106.5 square meters and a sauna on 61.2 square meters. These three objects made it possible to legalize the sale and purchase of a large land allotment.
The objects themselves were bought by the company from the auction for the sale of property of the bankrupt OJSC Hydrometallurgical Plant. At the same time, the courts have repeatedly insisted that GMZ and LLC are affiliated with each other through the ultimate beneficiary Avdolyan.
By the way, not the last word in the financial problems of GMZ, in our opinion, was for the proxies of the oligarch. And now, under the nominally legal pretext, they are buying up expensive land assets on the cheap.
Photo: kad.arbitr.ru
The prosecutor was also embarrassed by such a gift under the guise of sale. But in the first instance he could not defend his position and lost the lawsuit miserably. It turns out that Article 39.16 of the RF CC does not provide for such a reason for refusal as the discrepancy between the area of the requested plot and the size necessary for the use of the property located on it, and the need to provide a document justifying such compliance in order to provide a land plot is not provided.
According to this logic, you can put a capital toilet on municipal land and then become the owners of a huge piece of land under it? And Avdolyan squires know a lot about cunning moves.
Photo: kad.arbitr.ru
The prosecutor disputes the decision of the first instance.
To date, the Sixteenth Arbitration Court of Appeal has temporarily suspended the hearings and ordered an examination.
It turned out that there is a water body on the site - a pond and the prosecutor indicates the presence of a hydraulic connection between the disputed storage pond and other surface water bodies. Experts will have to conduct a hydrological examination, which can decide the fate of the site.
In general, this story on an ambiguous land transaction is a continuation of a large scam with the ruin of the Hydrometallurgical Plant (GMZ) and the Southern Energy Company (YUEK).
Recall that after the former shareholders - Sergey Makhov and Sergey Pak took large loans from Sberbank, but the money went wrong, the enterprises began to have financial problems.
In 2018, the shares of these assets were sold on the cheap to persons close to Avdolyan, who acted as a kind of screen for the oligarch.
At the same time, another part of the billionaire's team, close to the head of Rostec, Sergei Chemezov, bought out the right to claim credit debts from enterprises.
Thus, actually related persons turned out to be the main creditors and controlling persons of GMZ and YUEK.
During their management of the plant, a very interesting scheme was organized, according to which the money for the raw materials produced by the GMZ went to the accounts of a third party - Cashmir Capital LLC, affiliated with Avdolyan. In total, due to the scheme, more than 9 billion rubles sailed from the enterprise. Today, the courts are considering the legality of such a scheme.
The deal on the sale of shares was challenged, returning the assets to the bankruptcy estate of Makhov and Chuck, and then the Avdolyan squires pulled the trump card out of their sleeves - credit debts, trying to enter the registers of creditors.
In particular, the above-mentioned Almaz Capital LLC tried even through the court to approve a certain settlement agreement, according to which YUEK took on a billion debts. But the maneuver did not work - after all, such transactions require approval by the board of directors, and this has not worked at the enterprise for a long time. The consent of the controlled general director does not play a role here.
As a result, the court LLC lost. The judge bluntly stated that UEK CJSC and Almaz Capital LLC are affiliates, since they are controlled by one ultimate beneficiary - Avdolyan and this whole move, they say, covers up "the deal to withdraw the debtor's liquid assets bypassing corporate legislation."
Photo: kad.arbitr.ru
Almaz Capital LLC is unprofitable today and has already received bankruptcy claims. In general, it seems that the company is kept afloat only to rotate the scenario in the Stavropol Territory. She changed owners several times - from proxies to a certain Daria Kusheva. Apparently, they will further put pressure on the fact that she, they say, Avdolyan is not affiliated and, on this basis, try to include LLC in the register of creditors of GMZ and YUEK.
Photo: rusprofile.ru
The history of the collapse of the Stavropol strategic enterprises and the role of the oligarch Avdolyan in this has long been overgrown with numerous details that went beyond the bankruptcy case. In our opinion, this case has long deserved the close attention of the competent authorities and the pulling out of the ear from behind Chemezov's wide back of a presumptuous oligarch.
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