Court Finds Transactions of the Disposal of Land Plots in Shchaslyve Village by Regional Energy Company 1 to Be Fictitious and Aimed to Evade Debt Service
On August 30, 2022, the Northern Commercial Court of Appeal dismissed the complaint by TOV SEIF INVEST against Decision of the Kyiv Oblast Commercial Court No. 911/1245/21 dated January 27, 2022, on the bankruptcy case of TOV Regional Energy Company 1 (proceedings number 911/3210/20). The disputed court decision has been left unchanged.
Thus, the decision of the Kyiv Oblast Commercial Court dated January 27, 2022, came into effect; the said decision sustained the claim by TOV Investohills Vesta Financial Company against TOV Regional Energy Company 1, TOV PROMBUDSERVIS 2012, and TOV SEIF INVEST, with the following third parties without standalone claims concerning the subject matter in dispute on the side of defendants: Svitlana Hennadiivna Murga, a private notary of Boryspil Raion Notarial District of Kyiv Oblast; Oksana Petrivna Hladkova, a private notary of Kyiv-Sviatoshyn Notarial District of Kyiv Oblast; Olha Oleksandrivna Tymoshenko, a state registrar of Prystolychne Village Council of Boryspil Raion of Kyiv Oblast, TOV Primebudinvest, TOV IT Invest, TOV KGR-Invest, for invalidating the sales contracts, reversing the state registration of interests in real estate, and reinstating the state registration of interests in real estate to TOV Regional Energy Company 1 in respect of the following:
- a 0.2213-hectare land plot with cadaster number 3220888000:04:002:0409 in Shchaslyve Village of Boryspil Raion of Kyiv Oblast;
- a 0.2218-hectare land plot with cadaster number 3220888000:04:002:0411 in Shchaslyve Village of Boryspil Raion of Kyiv Oblast;
- a 0.1459-hectare land plot with cadaster number 3220888000:04:002:0530 in Shchaslyve Village of Boryspil Raion of Kyiv Oblast;
- a 1.3623-hectare land plot with cadaster number 3220888000:04:001:0222 in Shchaslyve Village of Boryspil Raion of Kyiv Oblast;
- a 5.0002-hectare land plot with cadaster number 3220888000:04:002:0029 in Shchaslyve Village of Boryspil Raion of Kyiv Oblast;
- a 9.2371-hectare land plot with cadaster number 3220888000:04:002:0312 in Shchaslyve Village of Boryspil Raion of Kyiv Oblast;
- the KTP-294 transformer substation with a total area of 24.1 square meters, located at 32a Heroyiv Maidanu Street, Shchaslyve Village, Boryspil Raion, Kyiv Oblast
- the KTP-281 transformer substation with a total area of 50.1 square meters, located at 16h Boryspilska Street, Shchaslyve Village, Boryspil Raion, Kyiv Oblast
- the KTP-731 transformer substation with a total area of 39.4 square meters, located at 5a Festyvalna Street, Shchaslyve Village, Boryspil Raion, Kyiv Oblast
- the KTP-716 transformer substation with a total area of 50.1 square meters, located at 3a Perspektyvna Street, Shchaslyve Village, Boryspil Raion, Kyiv Oblast
- the transformer substation building with a total area of 94.7 square meters located at 14 Lesi Ukrainky Street, Shchaslyve Village, Boryspil Raion, Kyiv Oblast.
The court found the transactions of the disposal of the above real estate in 2015 by TOV Regional Energy Company 1, a debtor of PAT UPB, to be fictitious and concluded to evade the debt service with gross violations of the law resulting in the bankruptcy of the company.
TOV Regional Energy Company 1 was found to be related to PAT UPB, where Anatolii Yurkevych is a shareholder.