Source: Kommersant
Author: Ilya Galaguz, Elena Morozova
Former top managers of the Barnaul TVK are asked to be held criminally liable.
Sberbank, which a year and a half ago became the owner of the Republic, the largest trade and exhibition complex in Barnaul, accused its former top managers of deliberately reducing the bankruptcy estate. According to the applicant, they terminated most of the direct lease agreements for TVK space and re-signed them to a company controlled by the former owner of Respublika, Boris Zayakin. As a result, the bankruptcy estate of Mega-House decreased by more than 44 million rubles. According to lawyers, law enforcement agencies may see signs of an offense in this situation, especially considering that Sberbank filed an application.
SBK Glass LLC (100% subsidiary of Sberbank) asked law enforcement agencies to check the former director of TVK Respublika Olga Nikiforova and the liquidator of Mega-Dom LLC Ivan Topchev for the presence in their actions of a crime under part 1 tbsp. 201 of the Criminal Code of the Russian Federation (“Abuse of authority”). This is stated in the company's statement to the police, available to Kommersant. It is addressed to the head of the Main Directorate of the Ministry of Internal Affairs of Russia for the Altai Territory, Major General Andrey Podolyan.
Recall that in December 2015, the Arbitration Court of the Altai Territory declared Mega-Dom LLC bankrupt and opened bankruptcy proceedings. According to the materials of the court, at the end of 2015, the company's accounts payable amounted to 742.9 million rubles, accounts receivable - 453.9 million rubles, the value of movable and immovable property - 318.4 million rubles. With regard to the owner of the company, Barnaul businessman Boris Zayakin, in May 2016, the procedure for the sale of property was also introduced at the request of Sberbank due to a debt of 812.9 million rubles. "Mega-dom" owned the largest TVK "Respublika" in Barnaul with a total leasable area of 30 thousand square meters. m, working in the field of DIY retail. As Kommersant wrote, in May 2017 the building of the Republic was put up for sale for 593 million rubles. In October of the same year, a major mortgage lender, Sberbank, left the TVK building behind. The bank's subsidiary, SBK Respublika LLC, became the new owner.
According to Pavel Kamantsev, a representative of SBK Glass LLC (successor of Sberbank), five days before the court hearing on the introduction of bankruptcy proceedings at Mega-Dom LLC, TVK director Olga Nikiforova and Mega-Dom liquidator Ivan Topchev terminated most of the direct lease agreements between the debtor company and the actual tenants. Then, the applicant writes, at the end of 2015, on behalf of the liquidated company, they entered into a lease agreement with the Krasnoyarsk Paritet LLC, and then, in turn, concluded sublease agreements with previous tenants. The company did not pay the rent to Mega-House in full. “Paritet did not bring new tenants. The more space a tenant has, the lower the rent. Accordingly, the highest rates are for small tenants. These tenants, who actually paid for the rent, were transferred by Paritet to themselves,” Pavel Kamantsev told Kommersant. According to SPARK-Interfax, Paritet is registered in Krasnoyarsk to Yevgeny Evgenov, a native of Barnaul.
A year ago, Mega-House filed a lawsuit with an arbitration court for the recovery of 46.1 million rubles. from Paritet under a lease agreement concluded with him in December 2015 for 7.2 thousand square meters. m of TVK space. The court sided with the plaintiff. However, according to the writ of execution, "Parity" did not pay off.
At the same time, it is indicated in the statement of the SBC to the police, in 2016-2017, 44.3 million rubles were received on the settlement account of Paritet. under agreements with subtenants, at the same time, 16.38 million rubles were withdrawn from the account as an interest-bearing loan. to the Krasnoyarsk M2 Trade LLC and 76 million rubles. to the Gorno-Altai OOO "Forum". These companies, according to SBC, are associated with Boris Zayakin.
According to SBC, as a result of the actions of Olga Nikiforova and Ivan Topchev, Mega-House's creditors suffered - the Federal Tax Service Inspectorate for the Oktyabrsky district of Barnaul (debt 40.8 million rubles) and SBC glass itself (457.8 million rubles). The damage was expressed in the shortfall of "Mega-house" rental payments by 44.3 million rubles. and, accordingly, in reducing the bankruptcy estate of the debtor, according to the SBC. "Kommersant" failed to contact Olga Nikiforova - she did not answer calls.
Lawyers interviewed by Kommersant believe that law enforcement agencies may see signs of an offense in the renegotiation of lease agreements on the square of the Respublika TVK. “Criminal risks exist. However, their size and negative consequences depend on what actually happened. No one likes the withdrawal of assets. So almost every case, in my opinion, has a chance to pass through the prism of criminal cases. Somewhere it ends extremely unsuccessfully for the participants in the transactions,” says Vitaly Vetrov, managing partner of the Vetrov and Partners law firm.
Chairman of the ICA "Nikolaev and Partners" Yuri Nikolaev drew attention to the fact that law enforcement agencies may be more attentive to the statement of Sberbank than to other creditors. “It is really strange why the contracts were renegotiated five days before the bankruptcy procedure. It is necessary to understand the reasons for such actions. If there really is intent to withdraw funds, then the act constitutes a crime,” concluded Mr. Nikolaev.
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