Hunting for Russian business: what did Ukraine do in a year and a half and who brakes the process?
As a result of the Kremlin's aggression, tens of thousands of Ukrainians were killed, millions were forced to change their place of residence. All these are well -known facts that, unfortunately, have become a background of our daily lives. Ukraine as a state and Ukrainians as a nation seek to break any ties with the aggressor country, which have become, for example, the so-called "Pushkinepad", the renaming of place names related to the colonial past, etc.
However, in addition to cultural, language, diplomatic, there is another area in which Russians still manage to maintain their presence, and it is equally important, because it brings money to the occupiers. It is about Russian business or business with Russian roots, which, despite the war, continues to earn on Ukrainians. The VKursi large data platform shows that more than 20,000 companies are currently operating in the Ukrainian market that have direct connection with Russia.
As of February 24, 2022, such enterprises were more than 24 thousand, so in the 16 months of a full -scale war Russian business in Ukraine decreased by only 12. 5%. According to the same VKursi, in 2022, Ukrainians paid almost UAH 23 billion to Russian companies. This is, for example, more than the extreme military assistance package to Ukraine from the United States ($ 500 million).
Among the companies that have Russian roots, are a number of power companies, strategic enterprises and the brand's brand familiar. In a war, any business related to the aggressor or citizen must be confiscated and sold to the Ukrainian or foreign owner at transparent auction. Strategic enterprises are likely to be nationalized. All the necessary legislative mechanisms are currently created.
With regard to nationalization, on May 29 this year, the Verkhovna Rada on the second attempt was approved by a law that allows to withdraw from the market and to transfer to the state management banks of sub -owners. In the media, this document was often called the "Alfa-Bank Nationalization Law"-first and foremost, it is expected to nationalize the financial institution, which changed its name to Sense Bank last year. Through the holding ABH Holdings S. A.
, which has a headquarters in Luxembourg, the bank is owned by Russian oligarchs Andrey Koshov, Michael Friedman and Piotr Aven. In early May, the holding announced the beginning of the exit of Russian assets, but whether this confidence statement deserves an open issue given the desire of the Russians at any cost to maintain control of their property.
Thus, last October, the co -owner of the bank Michael Friedman declared its intention to capitalize the financial institution for a billion dollars, hoping, apparently, to agree with the Ukrainian authorities. In case of successful application of the SENSE Bank legislative mechanism, it will only become a third Russian asset that was nationalized in Ukraine after February 24, 2022.
Back in May last year, the NSDC decision removed corporate rights and finances of Russian Sberbank and the State Corporation of Web. F. This process stopped. In the summer of 2022, the Ministry of Economy of Ukraine formed a list of Russian assets subject to nationalization, and on August 5 it was approved by the Cabinet of Ministers. But in the future, the National Security and Defense Council returned the document for the still time.
Ukrainian judges on the side of Russian oligarchs: who is guilty? More effective was the mechanism of civil confiscation within the framework of the Law on Sanctions, which were signed by President Vladimir Zelensky on May 23, 2022. According to the legislative innovations, you can confiscate any property of a person who came under the NSDC restrictions for involvement in Russian aggression.
The decision is made by the Supreme Anti -Corruption Court (VAKS) on the results of consideration of the claim of the Ministry of Justice, which was obliged to seek evidence of a particular asset to the sub -person. On June 3, in an interview with Radio Liberty, Justice Minister Denis M. Masus promised that the process of recovering the property of the Russians and their deposits on the state will be "fast".
In July, a separate sanction policy department was created in the Ministry of Justice, headed by Inna Bogatikh. Following the results of the year, the Department reported on the recovery of assets of 20 persons whose court decisions have come into force. In total, the Ministry of Justice has filed 22 claims against WACS against 26 defendants in the NSDC sanctions.
11 of them apply not to oligarchs, but Russian rectors and deputies who supported aggression against Ukraine and have real estate in annexed Crimea. They have confiscated this real estate - now, before the de -occupation of the peninsula, only on paper. In an interview with Forbes, Deputy Minister of Justice Irina Wise explained that such cases have been priority, as the Ministry of Justice's team has younger lawyers who gain experience on such relatively easy claims.
In the track record of the ministry there are indeed serious assets of Russian oligarchs, which were collected in revenue of the state. The former co -owner of Vodafone Ukraine was Vladimir Yevtushenkov, whose enterprises are now producing drones for the Russian army. On September 1, the Supreme Anti -Corruption Court ruled to confiscate 17 real estate and share in five companies operating in Ukraine, which were subsequently transferred to the State Property Fund.
Interesting and indicative was the confiscation of the assets of the Russian oligarch Michael Shelkov - a junior partner of Putin's colleague, CEO of Rostech Corporation "Sergey Chimezov. Due to the Cyprus offshore Limpieza Limited, the Russian controlled a number of strategic enterprises in Ukraine, in particular-the Demurin Mining and Processing Combine in Dnipropetrovsk.
On February 20, 2022, a few days before Russia's full -scale aggression against Ukraine, 75% of Limpieza shares were purchased by another Cyprus offshore company - Bolatico Limited. Thus, the ultimate beneficiary of Schiekov's assets allegedly became a kind of citizen of Ukraine Svetlana Ilta. The amount of the agreement was nominal - for 3750 euros a woman became the owner of a powerful titanium plant.
However, judges of the Supreme Anti -Corruption Court did not notice the signs of fictitious and refused the Ministry of Justice. In the end, the WAKS Appeal Chamber has decided to confiscate the assets that the Russian oligarch tried to hide. Interestingly, the Demurin GOK, to prove his "patriotism", even transferred 1 million hryvnias to help the Armed Forces of Ukraine.
This case confirms the information released by the National Anti-Corruption Agency that Vladimir Putin gathered all the oligarchs before the invasion of Ukraine and ordered to re-register firms and property to remove them from sanctions. According to the NAPC, one of the wealthiest Russians was a participant in this meeting - the owner of Rusal Oleg Deripaska.
Deripaska assets-in total 9 companies, among which LLC "Aluminum Ukraine", "Gardon Ukraine", "Mykolaiv Alumine Factory", "Glukhiv Quarry of Quartzites", "Zaporizhialumintorg", "Metallurg Service Center", PJSC "Khustsky Quarry and Zhezhelovsky Quarry - the Supreme Anti -Corruption Court decided to confiscate in February. The Ministry of Justice in the confiscation of two quarries - Khust and Zhezhelovsky.
The judges have recognized the lack of evidence of the communication of enterprises with Deripaska. What is the reason for such failures of the Ministry of Justice in the courts? , working about 20 people, who are not enough to perform a large volume of analytical work-to unravel complex patterns of property masking-"Matryoshka" from offshore, trusts, etc. The Office also calls for a number of legislative changes that would facilitate the search and blocking of the assets of the Russians.
In particular, they insist on the creation of the Public State Register of sanctions, which registrars, notaries, banks that should be accessible to the sub -persons should have access. The relevant bill in March this year the people's deputies approved in the first reading with revision. And on April 24, Prime Minister Denis Shmigal took an initiative to grant the Ministry of Justice to the Ministry of Justice of Banking Secrets on the accounts of the persons involved in sanctions.
The document is under consideration by the Committee on Legal Policy. It should be noted that despite some failures, most Ministry of Justice's claims are satisfied. Thus, on March 13, the Chamber of Appeal confirmed the decision to confiscate the Russian oligarch Yevgeny Giner Pinbank. According to "Economic Truth", the financial institution wants to get at his disposal "UkrPoshta", whose head Igor Smilyansky has long cherished the idea of creating a post office.
Another resonant business is about Ocean Plaza shopping mall, 67% of which belonged to Putin Arkady Rothenberg. On March 20, WAKS pulled the share of the Russian oligarch for state income. It has been stated that Ocean Plaza sales revenue would be transferred to the needs of the Armed Forces. On July 4, the First Viceremier-Minister-Minister of Economy Yulia Sviridenko stated that the mall could become one of the first assets sold through the system "Prozorro. Sale".
In the future, this platform of online auctions will be the main for the sale of confiscated Russian property. In general, as we can see, the work of the Ministry of Justice and the Supreme Anti -Corruption Court generates results, but the pace is clearly unsatisfactory in view of how many more assets that are directly or hidden by the Russians continue to work in Ukraine. Yes, the NSDC has already imposed sanctions against more than 11 thousand people in connection with Russian aggression.
Of these, 342 have assets in Ukraine, 31 people have significant (oligarchic) assets. There are also questions about the interagency working group on the implementation of state sanction policy, which develops sanctions for the National Security Council. For example, the analysts of the non-governmental organization Statewatch have calculated 112 assets of 53 Russian oligarchs in Ukraine, not all of which are under Ukrainian sanctions.
Straised schemes: as Russian business, "Ukrainian" or "European" June 28, the Ministry of Justice filed a claim for VAKS on recovery of assets of the VS Energy assets in the state. Inna Bogatik, Director of the Department of sanction policy, called this case "the main sanction battle". In fact, the proceedings will be very indicative, because VS Energy is the case when Russian business tries to avoid restrictions by wringing European business.
The most threatening is that the group controls eight (!) Ukrainian Oblenergo. VS Energy is also six hotels in Kyiv, Lviv, Odessa and Alexandria operating under the Premier brand and 31 another legal entity. All of these assets are allegedly owned by Europeans - Latvia citizens of Vils Dambins, Viantza and Arthur Albergs, Germany - Oleg Sizerman and Marina Yaroslavskaya.
In fact, as journalists of a number of well -known media, in particular - Radio Liberty and DW - all these persons have a connection with the members of the so -called "Luzhnik" group - Russian oligarchs Eugene Ginner and Michael Voevodin, as well as a long -term deputy, have been established by journalists. State Duma of the Russian Federation Alexander Babakov.
Thus, the German "Marina Yaroslavskaya" is the wife of Russian Giner, the rest of Europeans worked in the structures of the oligarchs, or were their junior business partners. The Ministry of Justice claims that he has collected more than 11,000 pages of evidence that the Russians are the owners of VS Energy - now the case is a case of the High Anti -Corruption Court. Another example of hiding connections with Russia is the renaming of the Sportmaster-Ukraine Sports Products Network at Athletics.
"Sportmaster" is a Russian company founded by the Russians Nikolai and Vladimir Fartushni, but is not registered in Russia but in Singapore. On the basis of this, the heads of the Ukrainian "daughter" of "Sportmaster" since 2014 have declared the lack of Russian roots on the network. In March 2022, Sportmaster held a rebranding name, changing the name, but the structure of the firm did not change: the shares of the network belong to little -known companies registered in Hong Kong and Singapore.
Among the founders of Atleticism LLC are long-term managers "Sportmaster-Ukraine" Lyudmila Knysh and Igor Sloev. The confiscation of corporate rights for Russian owners is not the ultimate goal, because business must continue to work, creating jobs and paying taxes to the budget. There may also be difficulties when selling or transferring confiscated assets.
Thus, the litigation continues through the definition of the manager of PJSC "Vinnitsapobbutkhim" (TM "Ushasty Nanny") - one of the largest manufacturers of washing powder in Ukraine. 100% of the enterprise's shares belonged to the Russian JSC "Nevskaya Cosmetics", but on July 26, 2022, the Pechersk District Court of Kyiv, by its resolution, transferred them to the Agency for Investigation and Management of Assets (ARMA) within the framework of criminal proceedings.
On October 24, ARMA was a competition for the manager of the asset, which won Krateks-Service LLC, but the results challenged not admitted to the competition manufacturer of antiseptics LLC "M D M". While Kratets-Service is trying to launch an asset and bring the domestic production laundry detergent to the market, the company is not allowed even to ARMA competitions, which is 20 times less than income from VinnitsaPutkhim, puts sticks in the wheels.
Or, in this way, the former Russian owners try to regain the plant using the sticks in the wheels. Or, in this way, former Russian owners try to regain the plant using LLC M D M as a false company. Finally, it should be emphasized that the identification of Russian business assets in Ukraine and their confiscation is another important front in the war for independence.
The Russian economic expansion, as we have convinced, and what we have already convinced in the West, aims not only to earn, but above all - to spread its influence and preparation of soil for future military expansion. In the example of Ukraine, the whole world sees that Russian tanks come after Russian money. Therefore, Europe, despite all the difficulties, now breaks these business communications that have been entrusted with the goals of the economy.