The Davydenko family VS the agricultural holding "Kernel": lawsuits will be considered in international courts

The Davydenko family VS the agricultural holding "Kernel": lawsuits will be considered in international courts

The owner of the agricultural holding "Kernel" Andriy Verevskyi will become a defendant in international courts. The reason is a conflict over the company "Agrodim", which belonged to the family of Valeriy Davydenko, a member of parliament found murdered last year.

This was stated by Lyudmyla Davydenko in her post. A number of cases are currently being considered in Ukrainian courts, initiated by the Davydenko family, aiming to return the corporate rights and management of the company to the legitimate owner of "Agrodim" – Valentyna Davydenko.

In 2019, directly AE "Agrodim" received a loan from "Kernel", secured by corporate rights, and timely fulfilled its financial obligations on it. But after Davydenko’s death in May 2020, structures and individuals associated with "Kernel", taking advantage of the family’s confusion and interpreting the loan agreement provisions at their discretion, took control of the management of the "Agrodim" enterprise.

To protect their rights, the Davydenko family enlisted lawyers who prepared a number of lawsuits against companies and individuals associated with "Kernel", which caused their active resistance to returning the company to its lawful owner.

Thus, structures and individuals linked to "Kernel" and Andriy Verevskyi created a clone company for the reregistration of the land bank, handed over the elevator in mortgage, attempted to reregister the legal entity, and misappropriated revenues from the harvest sown by the lawful owner.

Lyudmyla Davydenko views such diverse actions as "Kernel’s" acknowledgment of the illegal takeover of "Agrodim". In her opinion, individuals representing Andriy Verevskyi’s interests are clearly aware that they practically have no chance of winning the cases in courts and maintaining control over "Agrodim". Accordingly, they are doing everything possible to delay the consideration while simultaneously depriving the company of assets. The goal is to return a "shell" company to the lawful owner of "Agrodim", Valentyna Davydenko.

Lyudmyla Davydenko believes that such methods of the opponent fit entirely within a certain business "handwriting".

"Throughout Ukraine, ’Kernel’ structures have managed to spoil relations with many farmers and communities, as repeatedly reported by national and regional media! There’s land grabbing, poisoning of people, fictitious land lease agreements (a grandfather from the Khmelnytskyi region ’resurrected’ recently to sign a land lease agreement with ’Kernel’), fights involving ’Kernel’ security and farmers, and the like... This must be stopped! Justice and the law should be for everyone, not just for the chosen ones and agro-barons," she writes on her Facebook page.

The widow also noted that the battle for her deceased husband’s inheritance has long gone beyond defending interests and has gained significant public importance. This precedent has become particularly illustrative in the context of the transition to a free land market and the risks of absorption of small and medium farming enterprises by large agricultural holdings.

"It (the conflict situation between ’Kernel’ and ’Agrodim’ – ed.) became a kind of symbol testing the effectiveness of the land reform, which should protect agricultural enterprises and help in their development, regardless of their size, as well as the state’s (the president, the National Security and Defence Council, the Ministry of Agrarian Policy) willingness to ’disconnect the opportunities’ for agro-barons for hostile takeovers of small and medium farming enterprises," Davydenko emphasized.

Deputy Head of the Chernihiv Regional Council Dmytro Blaush, who knew the late Valeriy Davydenko and is aware of the current situation, also called it a "litmus test" for the current government.

"It’s sad that in this struggle you are alone... Everyone so fiercely shouts about protecting ordinary people, yet cannot stand up for a mother, children, and a widow. For what reasons?! Not without interest, I’m sure. They will care for people in the same way," Blaush noted.

However, according to Lyudmyla Davydenko, the return of the company to the rightful owner is quite likely, as her case is being considered, among others, by international courts, which have experience of decisions both according to the letter and the spirit of the law. And this gives hope not only to her family but also to the entire region where "Agrodim" operates, the whole agricultural sector experiencing reform, and Ukrainian business.

"It’s about restoring justice and protecting a business created many years ago, which is of great importance for the Chernihiv region! And the ’Agrodim’ case is very revealing for all of Ukraine," says the widow of the deputy.