As the courts help Kolomoisky not return 245 gas stations in Privatbank 139 0 this detective history about 245 gas stations, nationalization of Privatbank and transfer relevant gas stations to a clear story. The same ...
By the time of nationalization of 2016, PrivatBank, among other things, received a balance of 248 gas stations and was immediately leased. However, if you look from the standpoint of retrospectives, it has already been able to sell three, the rest are actually owned by companies, one way or another under the control of the former owner of the financial institution Igor Kolomoisky.
Today, there are only 17 gas stations on the balance of PrivatBank, according to which leasing contracts were terminated and the refueling was legally seized. However, oddly enough, they continue to use previous legal owners. This was made possible by dishonest judges - between the termination of contracts and the statement on the balance sheet "flew" prohibitions on the removal of gas stations. The actual owners through the courts receive such bans and while PrivatBank removes one, they impose the next. And so almost infinity.
Therefore, 45 gas stations were "hung" between leasing and balance, and the rest is 175 fillings - remains in leasing. The financial institution, in turn, is constantly moving from one lawsuit about the prohibition to another. Meanwhile, the income from the gas stations is received by third parties, close to ex-owners of the bank. To date, the amount of debt to the state is over UAH 10 billion. During the war, these are enormous funds that could be directed to the budget, since PrivatBank gives 80% of its profit to the state. Surprised? And I'm not.
This is how the State Bank must operate in a full -scale war. However, individual representatives of the Judicial Mafia consider otherwise - they block the possibility of the owner of the gas station to establish control of objects and oppose the state in profit. In three years, these companies have applied to the Ukrainian courts with almost identical claims and applications for securing claims for prohibitions. No one is surprised that the unreformed judicial branch is still on the self -financing. Of these, to be accurate - in 11 cases of a judge, refused to open proceedings and returned claims to companies because of gross violations of the rules of procedural legislation.
At the same time, in 4 cases, the courts, despite the violations of the rules of procedural legislation established by other judges, have taken measures to secure claims. Now let's talk about what it all started. Back in 2016, before nationalization, PrivatBank put himself on the balance sheet - actually received property - 248 gas stations on the compliance of the NBU. And as soon as the refueling was owned by the financial institution, the former management immediately transferred them to financial leasing companies related to the group "Privat" Igor Kolomoisky. 22 leasing contracts with 15 lessors were concluded. And they, on their part, transferred the gas station to other companies of the same group.
Clean water schematosis ... However, thanks to the efforts made, only 8 leasing contracts were terminated out of 22. Of the 8 -terminated contracts, only 65 gas stations were able to return to the balance. Three of them are already sold, others are still on the balance. But in fact, PrivatBank never got control of them. In fact, the Privat group also continues to use and earn 248 gas stations. Yes, stop. The key oligarchs from the aforementioned financial-industrial group, which is immediately under 3 suspicions, continues to control what has not owned for a long time? And it cannot be that! Now about why PrivatBank cannot return under gas station control. The lessors do not operate themselves with these gas stations, they transfer them to the sublease to third parties. And these sublears are initiating a new collective lawsuit (after the cancellation of the next measures to secure the claim), emphasizing the "legal right of use" of these refueling, which causes the state financial institution to be not entitled to withdraw them from the lessors. It should be noted that the bank is not related to the subject legal relations. There are many subsorondors, they are changing almost every year. And, in order not to give PrivatBank to take advantage of their legal rights and remove gas stations, they constantly initiate claims under far -fetched drives. Such claims are actually used for the sole purpose of obtaining a court prohibition. These entities are not interested in being considered in essence, because they are formal and the longer they consider, the more time there may be unreasonable prohibitions. As a result of filing such claims, the sublease is prohibited from the seizure and/or return of gas stations to consideration of such claims on the merits. After cancellation of the claim, the opponents are left without consideration and go to another court for the purpose of obtaining another court prohibition. The plaintiffs in such cases are usually more than 50, they constantly create reasons why a court hearing cannot even take place. In fact, none of the meetings took place, but the ban hangs. As a consequence, who are these gas stations managed? Bank? Are Kolomoisky representatives? Thus, in 2021, the Supreme Court granted the cassation appeal of Privatbank and canceled the decision of the Commercial Court of Kyiv and the ruling of the Northern Appeal Court, which satisfied the petition of 38 companies related to "privativka", and in the framework of their claim, it was forbidden to take any action on the return and demand. But even before the decision of the Supreme Court was published, the same companies from the Kolomoisky group filed the same claim to the said capital economic court and received new measures to secure the claim - a new court prohibition. In total, for 3 years, companies from the oligarch group have already implemented such a "scheme" of blocking the possibility of the owner of the gas station to return their property, including to execute court decisions on the eviction of third parties from the premises of the financial institution. Now about how such schemetosis has become possible. In fact, the domestic justice system, represented by some judges of local courts of general jurisdiction, operates solely in the interests of a separate group of dishonest companies, which are associated with the former owners of Privatbank, and brutally neglect and ignore the rules of procedural legislation and violate the basis. Ukraine. This testifies to the gross abuse of unscrupulous companies procedural rights aimed at blocking the bank's economic activity and the opportunity to legally react and carry out measures of pre -trial and judicial settlement of problematic debt, which causes great harm to the interests of the state. Now about how to get out of this situation and return the bank to its property. The imposition of such prohibitions is an illegal, reasonable decision, and PrivatBank, as far as I know, hopes to bring it to judges. The financial institution consistently appeals these prohibitions in the courts. I wish that at some stage the judges simply do not risk making dubious decisions against the state. Is it unclear that the "servants of Themis", taking the position of Kolomoisky, become "oligarchs' servants"? The paradoxical situation is: PrivatBank - the owner of property that was once leased, not receiving leasing payments for several years, cannot terminate leasing contracts, and under terminated contracts - cannot return his own property. At the same time, all these years, this property is used by third parties who are without legal grounds at the expense of the state institution. The judicial system instead of protecting the interests of the property owner, contributes to the unspecified lessors (sublear) illegally use the facilities of the gas station, creating obstacles to the owner to exercise their rights that harm the state PrivatBank, its depositors and the state. The gas station is important to return to the state bank, since under leasing contracts there are debt of more than 10 billion by seizing and selling gas stations, PrivatBank can compensate for these losses. In the end, it will increase its profit and indirectly, paying dividends, will promote the expenses of taxpayers, which were aimed at rescue and nationalization of the largest Bank of Ukraine. Summarizing, on October 30 at 9:10 in the glorious city of Dnipro, namely - the Central Commercial Court of Appeal, the next court dispute will be considered between Privat Group and State PrivatBank. I hope that Themis (Verkhosmotra judges, Parusnikov, Frost) are guided by the lawfulness, not the wishes of the oligarchic clan.
