Redistribution of the construction market: While Kushnir is being pursued, Mykytas, with the help of the OP, regains assets

Redistribution of the construction market: While Kushnir is being pursued, Mykytas, with the help of the OP, regains assets

While the director of "Kyivmiskbud", Ihor Kushnir, increasingly becomes the subject of negative news regarding investor protests and luxury homes for his relatives, interesting events are unfolding behind the scenes around the second most important construction giant in the capital — "Ukrbud".

Why the events surrounding "Kyivmiskbud" may be linked to the controversial Maksym Mykytas and Deputy Head of the President’s Office Oleh Tatarov, read in the article by Censor.NET.

Recently, journalists from Bihus.Info found out that the land withdrawn from "Kyivmiskbud" in Kozyn, which previously had a recreation base, was developed into luxury cottages by relatives and associates of the president of the holding, Ihor Kushnir.

This concerns almost 2 hectares, previously in communal ownership. In the early 2000s, Kyiv City Council transferred this plot to the subsidiary company of "Kyivmiskbud" — "Ecos" — for the operation and maintenance of the recreation base. Later, various relatives of the Kushnir family began to settle there.

This news fell on fertile ground. On May 17, videos were being distributed on Telegram by displeased investors in the residential complex "Otrada", who accused "Kyivmiskbud" of removing materials instead of completing their apartments.

Now, to verify the data from the Bihus.Info investigation, a temporary monitoring commission will be created in Kyiv City Council.

A month earlier, NABU appealed to Vitaliy Klychko as the head of the Kyiv City State Administration, demanding to provide documentation on cooperation with "Kyivmiskbud" within three days.

The appearance of this letter coincided with a video launched through Telegram, where Kushnir rudely speaks about construction investors. Maksym Mykytas, who is also present and not yet detained, says: “I warned you”.

Sources for Censor.NET believe that Mykytas is among those trying to gain maximum advantage from the Kushnir story to reclaim his assets. Some recall that 5-6 years ago, Mykytas dreamed of taking Kushnir’s place.

How does someone sitting in a detention facility with such a trail of corruption scandals expect to head the largest municipal corporation, you may ask?

Then pay attention to some facts occurring directly with "Ukrbud" over the last six months to a year.

They indicate that Mykytas, having successfully left the detention center and then returned there just as successfully, is very effectively regaining control over the corporation.

On January 3, 2023, the Commercial Court of Kyiv opened proceedings in the bankruptcy case of LLC "Ukrbud Development". The application was filed by Mykytas’ wife, Nataliya.

The bankruptcy procedure will allow not paying debts to the city, the tax office, or even the 15 million contribution for the "Riviera" residential complex, which "Kyivmiskbud" was completing, but Kushnir refused to settle this debt.

"Ukrbud Development" has a primary creditor — "Financial Company "Aragon".

In 2019, when "Ukrbud" encountered financial problems, some of its assets were attempted to be converted into money and invested in unfinished constructions. This was done, among other means, through “Aragon”. Thus, "Ukrbud" incurred a debt to this company.

During the winter, the "Financial Company "Aragon" filed a lawsuit to assert its monetary claims against LLC "Ukrbud Development". On February 8, the court opened proceedings and acknowledged the debt of "Ukrbud" to the company exceeding 2 million UAH.

The court decided to impose a moratorium on satisfying creditors’ claims and introduce an asset management procedure for the debtor’s property.

These actions undoubtedly disrupted some of Mykytas family plans.

And so, sources from the publication report that on May 22, 2023, in LLC "Dínex", which owns 100% of the corporate rights of "Financial Company "Aragon", a change in the composition of the company’s members occurred via a forged power of attorney dated May 19, 2023, changing from M. Reshetun to O. Mykhaylyuk.

And the next day, the state registration of the company’s managerial change took place.

On May 22, 2023, the new members of LLC "Dínex" carried out the change of the head of "Financial Company "Aragon" from M. Reshetun to A. Shestak.

"Thus, using the forged power of attorney, a series of registration actions were performed in LLC "Dínex", followed by a change of leadership in "Financial Company "Aragon", with the intention of gaining control over one of the largest creditors of LLC "Ukrbud Development", which would allow the decisive vote in the creditors’ committee when combined with other controlled creditors", says a source from the publication.

When they attempted to get an explanation for these actions, they were told it supposedly comes under the instruction of Deputy Head of the President’s Office Oleh Tatarov.

"Although in conversations Tatarov assures he has no connection to Mykytas", notes the source.

Last winter, Censor.NET had already written about a similar situation with LLC "Fortabud". This occurred following a declaration of financial claims against "Ukrbud".

In September 2022, LLC "Fortabud" filed a lawsuit in the Commercial Court of Kyiv to open bankruptcy proceedings against LLC "Ukrbud Development" as the latter was unable to settle the debt. Although the case is currently closed based on the decision of the Northern Economic Court of Appeal dated 29.12.2022, the November 15, 2022, ruling by the judge of the Commercial Court of Kyiv recognized the claims of LLC "Fortabud".

As of the time the bankruptcy proceedings for LLC "Ukrbud Development" were in progress, LLC "Fortabud" was the initiator and one of the largest creditors within the creditors’ committee.

In December, according to the information contained in the Unified State Register of Judicial Entities, Individual Businesses, and Public Organizations, one of the company’s owners (holding a 50% share in the charter capital of LLC "Fortabud") accidentally learned about the change in the director of the LLC.

The previous head, Kostyuchenko, was replaced with a "new" director, D. Yashchuk.

Details of the change of head were entered into the registry by a private notary of the Kyiv City Notary District, Vadym Rohach.

The notary made changes based on the fact that a general meeting of the company was allegedly held on December 19, where the previous manager, Pavlo Kostyuchenko, was replaced by Dmytro Yashchuk.

According to documents, Rohach certified the signatures of the participants: A. Shevchenko, who owns a 50% share in the charter capital of "Fortabud", and the authorized representative of participant P. Kostyuchenko, who owns the remaining 50% — citizen of Ukraine E. Breurosh, acting under a power of attorney certified by the consul of Ukraine’s General Consulate in Frankfurt am Main, dated 30.11.2022, and registered under number 570/2097-22.

Yet, Kostyuchenko did not participate in the General Assembly of "Fortabud" members on December 19. Nor did he authorize E. Breuross to partake in the assembly on his behalf, or issue an authorization for representation.

Effectively, a raider takeover of the enterprise was carried out with the help of a notary.

The victims filed a complaint with the Confirmation Committee for Reviewing Complaints in the Field of State Registration under the Ministry of Justice of Ukraine, and also a statement with the National Police, which initiated the relevant proceedings under Article 358, Part 1 of the Criminal Code of Ukraine.

However, to date, no response has been received from the Confirmation Committee in the field of state registration under the Ministry of Justice of Ukraine.

Taking control of these companies would allow Mykytas to avoid paying his debts. On the other hand, leveraging displeased investors (as the construction indeed remains unfinished, offering substantial grounds for claims against "Kyivmiskbud") to manipulate the situation and hope to reclaim his assets. "And now he waves this flag, saying they raided me in 2019, so return everything to me and I’ll finish building it," says the source from the publication.

Plus, the assets of "Aragon" were once registered to Mykytas’ wife. This could be regarded as another motive for the actions.

Now, as confirmed by the publication’s sources, using administrative resources, the Ministry of Justice, and the President’s Office, Mykytas is shifting everything to his side. And if true, the question arises: what is the benefit for those in power? And over time, will their friends not emerge among the founders of certain construction companies?