Shevchenkivskyi Court of Kyiv transferred the arrested property of "Ukrgasbank" worth 142 million hryvnias to ARMA

Shevchenkivskyi Court of Kyiv transferred the arrested property of "Ukrgasbank" worth 142 million hryvnias to ARMA

The Shevchenkivskyi District Court of Kyiv decided to transfer the seized administrative and production complex with an area of 21 thousand square meters, owned by PJSC AB "Ukrgasbank", to ARMA.

This became known from criminal proceedings under Part 5, Article 27, Part 5, Article 191 of the Criminal Code.

The property is involved in criminal proceedings No. 12021000000000250 of February 17, 2021, where a bank official is a suspect. He is accused of aiding in the embezzlement of assets amounting to 197.6 million UAH under Part 5, Article 27, Part 5, Article 191 of the Criminal Code of Ukraine. What is behind this case and why was the property transferred to ARMA?

According to the pre-trial investigation carried out by the BEB, in 2008-2009, two loan agreements for a total amount of 236.8 million UAH were concluded between "Ukrgasbank" and PrJSC "Kyiv-Odyag". To secure the obligations, PrJSC "Kyiv-Odyag" mortgaged the administrative and production complex. However, the debtor did not fulfill the terms of the agreements, forcing the bank to approach the Economic Court of Kyiv with a lawsuit to recover the debt.

The situation became complicated when representatives of PrJSC "Kyiv-Odyag" presented the court with a forged assignment agreement dated April 1, 2009, allegedly concluded between "Ukrgasbank" and the company "Jupiter Service" (Jupiter Service LLC), registered in the USA. This company, which was in the process of termination at the time of the deal, had no legal capacity and could not be a party to the contract. The prosecution claims that the deputy chairman of the board of "Ukrgasbank", together with the head of the board of PrJSC "Kyiv-Odyag" and others, deliberately signed this fictitious contract, as well as a surety agreement with LLC "R.G.L. Group", making it impossible for the bank to recover the debt.

In 2011, the Economic Court of Kyiv denied the bank’s claim due to the presentation of the fictitious assignment contract. In 2016, PrJSC "Kyiv-Odyag" alienated part of the complex (20,732.5 sq.m) in favor of LLC "Anmeid Group" under a purchase agreement. Although the bank later restored ownership of the property, LLC "Anmeid Group" is contesting this in court, which could result in losses for the bank amounting to 142.3 million UAH.

The court recognized the complex as material evidence in the case, as it was the subject of a mortgage, withdrawn from the bank’s collateral through fraudulent actions. The complex is still illegally used by LLC "Anmeid Group", as evidenced by data from DTEK "Kyiv Electric Networks" and PrJSC "AK Kyivvodokanal".

ARMA is required to evaluate the complex and transfer it for management or realization in order to preserve its economic value. Meanwhile, the investigation continues, and its outcome will determine whether the property will be confiscated or returned to the bank. The case also highlights the issue of fictitious contracts and corruption schemes in the banking sector, which calls for stronger regulatory oversight.