Rudnikov Vyacheslav Alekseevich last. Criminal “companions” of Rudnikov? The controversial asset has been prepared for sale

Raider takeovers in Russia are impossible without the support of corrupt law enforcement officers

Entrepreneur Vyacheslav Rudnikov has been fighting for five years against unscrupulous businessmen and raiders who are trying to take away his assets. According to the entrepreneur, corrupt law enforcement officers are helping to fabricate criminal cases against him, without whom it would have been impossible to bring charges against him virtually “from scratch.”

Vyacheslav Rudnikov addressed an open letter to the President of Russia, who has repeatedly identified the problem of corruption in law enforcement agencies and illegal prosecution of entrepreneurs as one of the main ones in our country.

We ask our colleagues, the media who are not indifferent to the topic of fighting corruption, to also publish this appeal on their pages.

Open letter to Russian President V.V. Putin

about blatant corruption and inaction of law enforcement agencies,
covering up raiding and fabrication of criminal cases against
entrepreneurs organized crime group

Dear Vladimir Vladimirovich!

Speaking before the Federal Assembly, you identified the problem of corruption and illegal prosecution of entrepreneurs by law enforcement agencies as one of the main ones hindering the development of the economy of our country.

I, Rudnikov Vyacheslav Alekseevich, an entrepreneur, have already I have been subjected to illegal criminal prosecution on a fabricated case for more than 5 years, persecution by the preliminary investigation bodies of the Ministry of Internal Affairs of the Russian Federation and the Investigative Committee of the Russian Federation with the full connivance of the prosecutor’s office, as well as pressure by “ordered”, unlawful court decisions. I associate what is happening with the high level of corruption in these bodies. I have information about corrupt officials because I receive it from many credible sources.

In my deep conviction, an organized criminal group (OCG) has long been formed in Moscow, headed by the Russian billionaire A.I. Klyachin, which also includes S.E. Gordeev, E.B. Ustenko, V.I. Vasin, R.A. Bamgbala ., Kasatkin S.N., Kirsanov A.Yu., Kozhevnikov K.R. and a number of other persons, who, with the help of investigators and prosecutors who are corrupted by them, have been fighting me from 2012 to the present with the aim of stealing business assets belonging to me.

The bodies of the Ministry of Internal Affairs of the Russian Federation fabricated criminal case No. 148360 against me, and then this “work” was continued by the bodies of the Investigative Committee of the Russian Federation. The case was initiated on October 31, 2012 at the request of a person unknown to me, a certain Bokshi A.O., who acted by proxy on behalf of my company, whom I have never seen and whom the investigation has never presented to me for acquaintance for 5 years, although would be confronted. The case was initiated very quickly, within 9 days, and in the same department of the Ministry of Internal Affairs of the Ministry of Internal Affairs for the North-Eastern Administrative District, where already on February 24, 2012 criminal case No. 148058 was opened against the raiders, according to the statement of the head of the company KS-Trust LLC, in relation to which carried out numerous raider attacks (this case was successfully collapsed by employees of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation in Moscow and personally investigator Grozan A.V., now we are making attempts to bring it to completion at the Internal Affairs Directorate of the Ministry of Internal Affairs for the North-Eastern Administrative District, encountering the strongest resistance from the investigation).

Case No. 148360 was opened by investigator Pogrebny K.S. on the basis of false reports by an employee of the Ministry of Internal Affairs D.V. Ulyashin. and others. As the owner, no one called or questioned me, and I learned that the case was opened approximately 4 months later, at the end of January 2013, simultaneously with the beginning of a new massive attack on my assets. At the same time, the actions of the Ministry of Internal Affairs investigation were completely synchronized with the actions of the raiders.

However, despite all the efforts of the “law enforcement officers” from the Ministry of Internal Affairs, we managed to repel these attacks and recognize through the court all the “powers of attorney” of Bokshi A.O. insignificant, arrest warrants were issued for his accomplices, Montenegrin Kordik Davor and Briton Eric Simon, by the Cyprus police as part of a criminal case initiated there. By the way, against one of the attackers - the Nigerian Bamgbala A.R. - on December 13, 2011, criminal case No. 413999 was separately initiated for fraud in the amount of more than 350 million rubles. At present, the case has also been completely collapsed by the Main Investigation Department of the Ministry of Internal Affairs of the Russian Federation for Moscow (and investigator A.V. Grozan also had a hand in this), there are forgeries in the case, the examination was most brazenly fabricated, etc., and this is a separate story of lawlessness "law enforcement officers".

I'll continue.

It would seem that in September 2013, in connection with court decisions on the illegal powers of Bokshi A.O. to speak on behalf of my company, there has come a happy end to this whole dirty story with criminal case No. 148360. However, this was not the case. A group led by A.I. Klyachin, which I consider (and I have every reason to do so) an organized criminal group, actively joined in opposition to me. These people, in my opinion, having invested huge amounts of money, took advantage of the completed but not officially closed criminal case No. 148360 and by bribing a large group of people from the Ministry of Internal Affairs, the Investigative Committee and the Prosecutor's Office, they gave the case a “second wind.” I was accused of “stealing” my own property. Such aggressive and illegal activities of A.I. Klyachin. and his group, in my firm conviction, is connected with the fact that Klyachin A.I. At the end of 2013, he had to pay me significant amounts of money for the shares he acquired in my companies - more than $50 million. In order to avoid payments (today, these assets have already been actually stolen by A.I. assets to me, this group actually operates. There are no other reasons for my illegal criminal prosecution. My “fault” lies only in the fact that I refuse to give the bandits the results of my many years of work - the assets of my companies created over 25 years.

Since December 2013, i.e. For more than 4 years now, my property has been illegally seized - several office buildings built by my own companies in Moscow, which does not allow me to use them as collateral when obtaining loans and put them into economic circulation. Moreover, these buildings are the property of a third party, to which the investigation has no claims and which is not directly related to the criminal case.

For reference: my companies implement projects that are very necessary for the country and are engaged in computer technology, software development, Internet technologies, system integration, telecommunications, aircraft development, production of educational programs and popular science documentaries, and innovation activities. Unfortunately, a number of projects have been closed, and some have been frozen for more than 4 years due to the events taking place around me and described in this appeal. I had to fire more than 400 specialists.

All my current “failures” are the result of raider attacks on my business since 2012 and the actions of the organized crime group A.I. Klyachin. from 2013 to the present day, as well as the result of the illegal criminal prosecution of me, a until recently successful entrepreneur.

A huge number of complaints and petitions on the merits of the case, sent by me over 5 years to the bodies of the Ministry of Internal Affairs, the Investigative Committee of the Russian Federation, and the Prosecutor's Office, are practically either completely ignored or rejected. Moreover, I am given unmotivated, non-specific refusals, from the category of “you are wrong and that’s it, there are no violations,” although all my complaints and petitions are more than specific and detailed point by point. Almost all complaints submitted to the heads of authorities were transferred “down” without verification to the same employees whose actions were complained about and who committed malfeasance. And obviously false and distorted information was reported “to the top.” In my opinion, all these years, the lower and middle levels of the investigation and prosecutor’s office manipulated the facts and distorted data in their reports transmitted to senior management.

Dear Vladimir Vladimirovich, exactly what you spoke about when addressing the Federal Assembly is happening - the deliberate destruction of business by unscrupulous law enforcement officers for bribes they receive from raiders.

You gave instructions three times to investigate in matters of criminal prosecution of me: May 28, 2014 to V.A. Kolokoltsev, August 14, 2014 to Yu.Ya. Chaika, June 24, 2015 to the head of the RF Investigative Committee, A.I. Bastrykin. (“consider and report”). I believe that Bastrykin A.I. reported to you information, however, I am afraid, the information is false, prepared by his employees. After all, already on July 14, 2015, the case was returned by the Butyrsky court to the prosecutor with devastating wording, and the Moscow City Court confirmed this decision on September 17, 2015. After holding the case for a whole year without progress, the investigation transferred it to another court - Tushinsky, realizing that it would not be possible to correct the comments of the Butyrsky court - white will not become black, and black will not become white. But on December 23, 2016, the Tushino court also returned the case to the Prosecutor’s Office, adding even greater grounds for its immediate closure. On March 28, the Moscow City Court confirmed the decision of the Tushino court. And again, the case is still under investigation, now in the Babushkinsky interdistrict investigative department of the same Investigative Committee for the North-East Administrative District, and practically no action is being taken on it. Of course, there are many courts in Moscow, the investigation has scope - why not go through everything?

There was no reasonable reaction to your instructions to the three departments, but you only asked to consider and report. In response, I received from these structures the same replies as before, containing false, unreliable information that was refuted by me long ago in the editorial office of the same investigator. Until now, all these power structures have been giving me nightmares without any legal basis. It turns out that they all actually ignore your opinion.

On December 5, 2017, the head of the investigator was Blinova T.B., the head of the Investigative Committee for the North-Eastern Administrative District was Galashko S.K. issued a Resolution on the cancellation of the Resolution to initiate a criminal case dated October 31, 2012 at the request of Bokshi A.O.(a fraudster whom the investigation is not looking for). Thus, the investigation RECOGNIZED THE ILLEGAL NATURE OF INSTITUTION OF THIS CRIMINAL CASE AND ALL ACTIONS OF THE INVESTIGATION DURING THESE 5 YEARS ARE ILLEGAL. Meanwhile, during this time, my assets worth more than 2 billion rubles were arrested, which could allow me to save my business and projects and protect myself from raiders, attacks from which continue to this day. I was under house arrest for 15 months and am still under recognizance not to leave.

But the end of my ordeal did not end there, and everything started anew: then, on December 5, 2017, the investigation, without cessation of the criminal prosecution and the criminal case itself No. 148360, opened a new criminal case No. 11702450017000065 against me, and on the same single “episode” "and based on the report of investigator Blinov T.B. He again takes this case into his proceedings.

Any normal person understands that if for 5 years the investigation has not been able to clearly formulate a charge (and there were four different options), if the case was twice returned by the court at the preliminary stage of consideration, if the facts speak of my complete innocence, but are simply cynically ignored , then either investigator Blinov T.B. and its leader Galashko S.K. - they are unprofessional and they need to be changed, or they are corrupt officials and something needs to be done with them too. I have repeatedly written complaints and petitions to change investigator T.B. Blinov. an honest investigator who could objectively and quickly sort everything out (documents confirming my innocence have been on file almost from the very beginning of the investigation). But Blinov, apparently, was assigned by someone to this case to do all the work in the “field,” and the same leader Galashko covers him. That is, investigator Blinov FOR THE FOURTH TIME began an “investigation” into this “case.” But this is pure corruption! It is precisely the stubborn reluctance to change the investigator, despite our numerous petitions, that may indicate that Blinov himself and his leader Galashko are corrupt officials, however, obviously, are not the only ones in this matter. There are people even higher. Of course, in this theater of the absurd organized by law enforcement officers, one cannot exclude the absurd option - the RF IC system simply needs to “train” on someone, and for this they chose me, as if there were no real criminals. But this version is too bold, and I still reject it.

It is also obvious that law enforcement agencies do not want to stop this case because they are afraid of verification and possible punishment of the perpetrators, they are afraid that they themselves will be charged with illegal criminal prosecution and that they themselves will find themselves in the dock. In any case, you have repeatedly spoken in the media about the need to combat this phenomenon and punish it, including bringing to justice corrupt employees who fabricate criminal cases and illegally persecute entrepreneurs.

Since October 2014, case No. 148360 was “supervised,” according to my information, in order to put pressure on me by a high-ranking employee of the Main Investigative Directorate of the Investigative Committee of the Russian Federation in Moscow, Major General Denis Nikandrov, who was arrested in the summer of 2015. Investigator T.B. Blinov openly told me that “he sees no prospects in this matter,” but, nevertheless, “if I close this case, the authorities will take my head off,” openly admitted that he was “supervised by the general himself.”

After the arrest of D. Nikandrov in the summer of 2016, I began to hope that case No. 148360 fabricated against me would pass an objective review by honest, independent investigators and prosecutors. My lawyers have been filing petitions since the fall of 2015 to transfer the case to another investigator, but the case was firmly “stuck” to Blinov, who was transferred from the Investigative Committee of the North-Eastern Administrative District to the Main Investigative Directorate of the Investigative Committee of the Russian Federation in Moscow along with this case. Probably too much effort and money was invested in its falsification. Apparently, fearing scrutiny after the arrest of Nikandrov D., the investigation urgently “pushed” the case back to court in August 2016, just so that it would not remain with him and would not come under scrutiny (it seems that some kind of commission was created to verify all cases involving Nikandrov D.). Having failed in a year - from September 2015 to July 2016 - to eliminate all the comments of the Butyrsky court and realizing that once again the Butyrsky court would again refuse to consider the lies of the investigation called “Indictment”, the case was transferred to another court, Tushinsky, grossly violating all procedural rules norms. In turn, the Tushinsky court for a long time, despite all these violations, tried to bring the case to at least the start of the hearing, unmotivatedly rejecting the defense’s requests and not even noticing the formal grounds for its termination. As a result, the court “could not resist” the onslaught of outright lawlessness, returning the case to the prosecutor.

And now corrupt law enforcement officials continue to try to come up with something out of nowhere that will ultimately allow their clients to illegally put me behind bars and then take away my property from me. They do not disdain outright written forgeries in the case (ready to provide a whole list), “don’t notice” the evidence of my innocence and thereby not recognizing official documents and facts that are inconvenient for them. My petitions are not satisfied: in particular, according to my information, the responses from the Cypriot police to the Russian investigative authorities were destroyed as inconvenient, since against the “victim” in case No. 148360, Russian and at the same time Nigerian citizen A.R. Bamgbala, member of the organized crime group A.I. Klyachin ., the Nicosia police opened a criminal case back in May 2013. Currently, within the framework of that case warrants have been issued for the arrest of two of his accomplices - Briton Eric Simon and Montenegrin citizen Kordik Davor, who openly stole the Kapenda company that belonged to me and issued on its behalf a false power of attorney in the name of the Russian Bokshi A.O., whose statement served as the basis for initiating criminal case No. 148360, for which the entire Russian state machine is now pressing me. The investigation is not looking into the criminal A. Boksha and his accomplices at all, completely ignoring the requirements of the law. Thus, the investigation and the prosecutor’s office actually help the raiders take away my property, rather than protect me from illegal attacks, actually acting together with the organized crime group of A.I. Klyachin. and in her interests.

What happened to my companies during the illegal criminal prosecution of me by law enforcement agencies for 5 years?

A) “Strange” court decisions (a separate big topic, I will not present here due to the volume of the material) led to the fact that a member of the organized crime group Vasin V.I. deliberately bankrupted Air-Style LLC, having previously withdrawn about 900 million rubles from the company. He bankrupted a company that had a net profit after paying all taxes in the amount of 272 million rubles, and only because this organized crime group managed by A.I. Klyachin wanted to steal it. The bankruptcy trustee K.N. Kozhevnikov, Vasina’s personal lawyer A.Yu. Kirsanov, and the arbitration court judge A.A. Svirin took part in this scam. and a number of other judges. Vasin was issued an illegal and invalid bill of exchange for 235 million rubles. to the company of his lawyer Kirsanov A.Yu., a non-repayable loan of 221 million rubles was issued for 3 months. companies with the participation of A.I. Klyachin and Gordeeva S.E. (they own 50% of it), which subsequently disappeared, Vasin and other persons from the organized crime group deliberately and secretly wrote off new goods worth more than 500 million rubles. Criminals are not afraid of anything because they take advantage of corrupt connections. After three years of visiting law enforcement agencies, it has still not been possible to initiate a criminal case against them, although all the evidence lies on the surface. The amount of theft is about 1 billion rubles.

B). In another company with a similar court decision, members of the organized crime group Vasin V.I. and Kasatkin S.N. with administrative and corruption support, my business for the repair and maintenance of computer and office equipment was stolen - Air Es Service LLC, which has more than 100 branches in Russia, Kazakhstan and Belarus, perhaps the largest professional network with similar activities. I estimate the value of this company 1.2 - 1.5 billion rubles. My attempts to initiate criminal cases against the illegal actions of members of this criminal organized crime group also ended in nothing, although I continue to try to open a criminal case, but the organized crime group probably flooded everything with money, everything has been bogged down for years in trifles and swamps. Law enforcement officials, in my deep conviction, do their best to shield the real criminals and prevent the investigation from proceeding. There are honest operatives, so some of them, who were involved in checking all these circumstances, openly told me that “there is indisputable evidence of a crime, but we have an order from our superiors not to initiate a criminal case.” Personally, I believe and am confident that one of the most sinister figures of the organized crime group is E.B. Ustenko, whom I consider a “fixer,” the one who negotiates with corrupt officials directly or through his assistants.

IN). LLC "e-Style Softhouse", a small (the core of the company - about 60 people), but very professional company for the development of custom programs, was completely ruined. Vasin V.I. deceivedly transferred all employees, all customers, company finances to a new company registered in his name, but actually owned, in my deep conviction, by the same A.I. Klyachin. and Gordeev S.E. There is only one person left in the company - director Potapenko A. The amount of damage is more than 400 million rubles.

G). Since 2014, I have been deprived of my share in the Air Style group of companies that I created in 1991. This was done by A.I. Klyachin, who in 2012 entered the business as an investor (it would be more correct to write in quotation marks as “investor”) and, having entered into a conspiracy with the director of the management company Er-Style Group LLC, V.I. Vasin, with the help other members of the organized crime group - Gordeeva S.E., Ustenko E.B., Kirsanova A.Yu. - transferred the assets of the entire business to the new company RedSys LLC (where Vasin also became a director), depriving me of more than 3 billion rubles. Personnel were withdrawn - more than 1000 people, branches in 6 largest cities of Russia were transferred, contracts with customers were renegotiated, intellectual property in the form of approximately 150 industry solutions was stolen, finances were withdrawn, contracts with more than 50 product suppliers were renegotiated. By the way, at the end of 2016, RedSys LLC was sold to famous businessmen brothers Alexey and Dmitry Ananyev, owners of Promsvyazbank (they are also owners of the Technoserv company). My attempts to meet with the Ananyevs and give them information that the asset was stolen did not find understanding with them; they refused to meet. Apparently, they bought it at a profit, but money, as you know, has no meaning for many people.

D). Currently, with the help of Vasin V.I. and Kirsanova A.Yu. The Air Style group is preparing for bankruptcy; a number of companies are already in a state of liquidation. Kirsanov is using a scheme for artificially creating debts, as it was with Air-Style LLC.. Obviously, exactly according to the same scheme as Air-Style LLC - certain writs of execution have already been received - Kirsanov A.Yu. actively uses schemes related to arbitration courts. I still have 33% of the shares in the Er-Style Group of Companies, and I am on the Board of Directors of the company, however, since the summer of 2013, A.I. Klyachin. and his group completely removed me from participation in management and from all information; they have not allowed me into the office for more than 4 years, using a number of fraudulent technologies, including the “custom-made” case No. 148360 brought against me.

Thus, today the organized crime group of A.I. Klyachin, using fabricated criminal case No. 148360 against me, the real owner of the company "KS - Trust", stole my assets in the amount of at least 5.5-6 billion rubles and continues to attack the remaining I have company.

At the same time, law enforcement agencies are collapsing or have already collapsed two criminal cases brought against members of the organized crime group.

1. Criminal case No. 148058, initiated at the request of the director of KS-Trust LLC against the raiders on February 24, 2012, is not being investigated.

2. Criminal case No. 413999, initiated on December 13, 2011 on the fact of fraud by R.A. Bamgbala, who stole more than 350 million rubles, is not being investigated. in the Veterra company, where I owned more than 50% of the shares. In this case, the investigation of the State Investigative Directorate more than 20 (!) times did not comply with court requests for documents! The court refused, and this, excuse me, is complete chaos. Then he was returned twice for one month, did not take any actions, including those that the court ordered to be carried out, and again dismissed the case, and so on more than once. By inaction and delaying the investigation for years, the case is persistently leading to termination upon expiration of the statute of limitations, which should begin in June 2018. It is absolutely obvious that the investigation of the Main Investigation Department of the Ministry of Internal Affairs of the Russian Federation in Moscow is deliberately covering up scammers. But surely not out of “love of art”?

ORDERED CASE No. 148360 PLAYS A DECISIVE ROLE IN THE CURRENT LEGAL CASUALTY. I consider the main organizer of the organized crime group to be A.I. Klyachin, who tries to remain in the shadows as much as possible (as much as possible), acting with the hands of his accomplices. His group, in my opinion and according to my information, spent at least 15 million dollars. USA for bribery of law enforcement officers and prosecutors.

I consider investigator T.B. Blinov to be the main executors of the “order” against me. and its leader Galashko S.K.

On August 10, 2017, another attempt was made to raid KS-Trust LLC, in which Bamgbala A.R. was directly involved. (his signature is there) and the company "Coral Finance Group", owned by A.I. Klyachin. Huge efforts through the Cypriot court managed to prevent the seizure of the company. The investigation completely ignored our statements about the crime; no one is doing this at all, which gives every reason to believe that the investigation is acting in concert with the same people from the organized crime group.

Currently, a new attack is underway on the Belkoforte company, and again the most serious suspicions fall on the participation of T.B. Blinov. and his leadership in assisting the raiders and failing to act. The people, whom, in my opinion, are covered by investigator T.B. Blinov, stole all the documents from the corporate department of my group of companies, hacked the servers, and do not allow employees to work. Blinov T.B. immediately issues a resolution banning the change of director, whose term of office expired on November 7, 2017, looting of companies begins by a group of people subordinate to V.I. Vasin.

In my deep conviction, dozens of people from the law enforcement system and the prosecutor’s office are involved in corruption in the creation and maintenance of this criminal case number 148360, and I am ready to name these names.

I understand that corruption cases are difficult to investigate - corrupt officials do not draw up contracts with customers - raiders. But the investigation acts by studying the facts and consequences of certain actions, that’s why it is an investigation. If the investigation ignores the facts, this is a crime, and dishonest law enforcement officers should be prosecuted by law.

To illustrate the methods used by the raiders, in this case against me, and to confirm that it was Klyachin’s group that organized my criminal prosecution, here is witness testimony of I.B. Sundukov, given under oath to a London court on November 12, 2015 when considering the case between me and Klyachin regarding the Air Style Group. I will give just a few excerpts from these testimonies:

P.40. ... Mr. Gordeev asked me to collect information about potential clients of the Er-Style Group. In particular, he was interested in personal information relating to people making decisions, namely their lifestyle, habits, hobbies, etc. right down to the names of their pets.

P.41. I asked Mr. Gordeev for what purpose he needed all this information. His answer shocked me. Mr. Gordeev replied that he was a corporate raider and that he had special ways of attracting new clients. These "techniques" include both persuasion and blackmail of potential clients using information that I was supposed to discover.

P.52….when employees are dismissed from the Er-Style group, a new security service talks to each of them. During such conversations, employees are warned in a fairly strict manner that they should not talk with Mr. Rudnikov or people from his circle.

P.77. ...Mr. Gordeev replied that he was authorized to negotiate on his own behalf, on behalf of Mr. Klyachin, Mr. Vasin and Mr. Bamgbala.

P.82. During our first meeting, Mr. Gordeev stated that they wanted Mr. Rudnikov to transfer his share in the Air Style Group without any compensation.

P.83. Then Mr. Gordeev asked a question that puzzled me. He asked “how much does Mr. Rudnikov value the criminal case against him?” I was surprised by this question, because I could not imagine how one could give a value assessment to a criminal case. I said that I did not intend to discuss the criminal case in this context. It was obvious that Mr. Gordeev viewed the criminal case as a kind of leverage on Mr. Rudnikov, which could be the subject of negotiations. I also understood from Mr. Gordeev's question that he believes that he can influence the outcome of the criminal proceedings against Mr. Rudnikov.

P.106. Thus, based on the results of the third meeting, Mr. Gordeev’s proposal looked like this:
(a) Mr. Rudnikov does not receive any funds for his shares in the Er-Style Group
(b) Mr. Rudnikov transfers the majority of his real estate assets (taking into account the “concessions” that Mr. Gordeev made during the meeting), and
(c) Mr. Rudnikov will be found guilty, but will receive a suspended sentence in the criminal case against him.

P.107. I explained to Gordeev that Mr. Rudnikov would absolutely not accept such an offer (especially regarding the fate of the criminal case against him, in which Mr. Rudnikov is defending his position in order to clear his name and prove his innocence). Despite this, I promised to bring Mr. Gordeev’s proposal to the attention of Mr. Rudnikov. In turn, Mr. Gordeev stated that he needed to discuss with “Sasha” (Mr. Klyachin) the possibility of terminating the criminal case against Mr. Rudnikov so that he would not be found guilty, as well as the amount of compensation for Mr. -well to Rudnikov for his share in the Er-Style Group. Therefore, we agreed on the next meeting, which took place on June 8, 2015.

P.108. I reported the results of the meeting to Mr. Rudnikov. As expected, Mr. Rudnikov did not agree to the Investor's proposal. He wanted to be fairly compensated for his shares in E-Style and also to stop the Investor from exerting undue influence on the criminal proceedings because he believed that without such influence, the criminal case would collapse due to the lack of evidence to support the charges against him.

P.109. The fourth (last) meeting with Mr. Gordeev took place at the Metropol Hotel, which, as is known, belongs to Mr. Klyachin. The meeting lasted only 5 minutes. Mr. Gordeev looked quite irritated and immediately asked me if Mr. Rudnikov was ready to accept his offer.

P.110. I said that Mr. Rudnikov did not agree with their proposal and asked if he could say anything regarding the criminal case against Mr. Rudnikov and the value of the Er-Style Group. Mr. Gordeev answered negatively and said that in this case the negotiations were over.

I publish the full text of these testimony on the Internet.

I contacted the media, the newspaper "Top Secret" conducted a journalistic investigation and published 4 articles on this topic. This investigation provides the facts and only the facts. In response to A.I. Klyachin’s group against me. A real information war has been unleashed in the media. I learned a lot of “new” things about myself from organized publications. Unable to say anything of substance, they write outright lies and slander, for example, that I am a Nazi/nationalist, that I am a fraudster (referring to criminal case No. 148360, which they fabricated, without, however, pointing out that the case has already been returned to the prosecutor's office and did not "stick together"), which is closely connected with Caucasian crime, unexpectedly for me it turned out that I have a son-in-law, and one who took out a loan from a bank and does not pay it back, etc. etc. etc. A deafening lie, whatever they accuse you of! It is clear that not only does my reputation suffer from this, but also, probably, these “publications” are put on the table of various bosses in order to somehow “conceptually” justify their actions. We have to spend enormous effort, time and money to justify ourselves and sue slanderers. All this is truly humiliating and terribly unfair for me.

Dear Vladimir Vladimirovich,
The question arises - who generally administers justice in the country? Is it really possible that any scoundrel can so freely initiate criminal cases, and then manage them and keep them under control, take away other people’s property, and denigrate people’s honest names in the media? And vice versa - you can use corruption to cover up any crime, ruin any criminal case, would the criminals have money? Why is there still no normal anti-raid legislation in the country?

I understand that I am contacting you with a private question concerning my person. I understand that the state is full of large-scale tasks and that you are limited in time, solving a huge number of important state affairs every day. But how many entrepreneurs like me are persecuted illegally in our state? You mentioned terrifying data on the illegal prosecution of entrepreneurs. Just a few years ago, my group of companies was included in the list of the 300 largest private companies in the country (I am writing this only to indicate the significant scale of activity of the enterprises I own); more than 2.5 thousand people worked in the group companies (less than 300 people remained). Why are companies and people being destroyed that bring benefits to the country and can continue to do so for many years to come? After all, this is neither more nor less - a matter of national security of the state. With such a level of corruption, it is simply impossible to create anything worthwhile in the country! And with whom to raise the country - with the Nags and Vasins, with their methods of “work”?

Dear Vladimir Vladimirovich!

Addressing you as the Guarantor of compliance with the Constitution of the Russian Federation and the laws of the Russian Federation, I ask you to give instructions to objectively understand the validity of my long-term criminal prosecution through a real and qualified verification of the charges brought against me.

I also ask you to give instructions to the FSB of the Russian Federation in order to conduct an investigation into the activities of the organized crime group A.I. Klyachin. and a related group of people from law enforcement agencies who organized my persecution and actually destroyed most of my companies and projects, stealing huge financial resources. Considering the scale of corruption in this whole story, I kindly ask you to create a special group consisting of honest and incorruptible FSB officers to verify the facts I have indicated.

I am ready to provide any additional information for verification, including documentary evidence confirming my innocence, as well as the illegal actions of law enforcement agencies involved in persecuting me as an entrepreneur and citizen of Russia.

Soon the sale took place. Now it is part of the KFC restaurant chain. All four founders acted as guarantors of the deal, putting their signatures under the preliminary agreement. However, when Bamgbala’s partners - Vyacheslav Rudnikov (48.5%), Vasily Vasin (15%) and the fourth participant (13%) - turned a few months later with a proposal to Bamgbala, as was originally agreed, to include them in this very Avly Investments Ltd, Bamgbala refused to include them in his company as founders with the same shares. The Nigerian ended up with the money from the sale, the remaining 11 restaurants, and a Cypriot company completely controlled by him. To say that the now former partners were annoyed is to say nothing.

Vasily Vasin - cousin and former companion of Rudnikov

On December 13, 2011, at the request of Vyacheslav Rudnikov, criminal case No. 413999 was opened against his former partner for fraud. The Nigerian was charged in absentia and put on the federal wanted list. Bamgbala was hiding in the UAE and London. The damage amounted to more than 300 million rubles. However, on July 3, 2014, this case was closed at the Main Investigation Department of the Main Directorate of the Ministry of Internal Affairs of Russia for the city of Moscow by investigator Alla Grozan. As Rudnikov himself states, the company’s valuation was underestimated. Although the victims have all the documents in their hands, including those signed by Bamgbala himself. We will return to investigator Alla Grozan several times. And before the series of criminal and arbitration cases, a number of interesting events will occur.

Cypriot Games

Encouraged by his own success with restaurants, Rilwan Bamgbala decides to take the next step. Since the fall of 2011, attacks began on the Russian company KS-Trust, which owns real estate in Moscow worth tens of millions of dollars. KS-Trust, in turn, was owned by the Cypriot Kapenda Limited. According to Vyacheslav Rudnikov, Bamgbala, in collusion with the former directors of Kopenda, illegally received 24% of this company. Based on this fact, the Cypriot police opened a criminal case against Bamgbala, the removed directors and a number of other persons. In fact, there were no percentages. Cypriot investigators found out from local registrars that they issued Bamgbale’s paper stating that he had 24% of the shares retroactively.

Meanwhile, the following was happening in Russia: a certain Zemtsov, a person unknown to Rudnikov, four (!!!) times for short periods of time (several days - Ed.) became the director of KS-Trust LLC and acted in favor of Bamgbala.

The first thing after his appointment was that Zemtsov withdrew from the arbitration court the application of KS-Trust to consider the powers of the power of attorney issued to Vyacheslav Rudnikov. In this regard, the court did not fully understand the case regarding Rudnikov’s powers as the owner of a controlling stake in the company.

On February 24, 2012, at the Department of Internal Affairs of the North-Eastern Administrative District of Moscow, according to the statement of the director of the Russian “KS-Trust” Andrei Algashev, appointed to this position by Rudnikov, criminal case No. 148058 was opened against Bamgbala and Zemtsov on the fact of an attempt to seize the company and sell its assets. Until the spring of 2015, nothing happened to the case, except that it was transferred to the Main Investigation Department of the Main Directorate of the Ministry of Internal Affairs for the city of Moscow, and on April 24 it was returned by the now former city prosecutor Kudeneyev for a new investigation back to the Internal Affairs Directorate of the North-East Administrative District. The prosecutor's office has recognized "red tape" in the investigation, although, according to the lawyers and former investigators we interviewed, the case is very simple. It was enough to seize documents from the 46th Tax Inspectorate, where KS-Trust was registered, from the notary Kolyabina, who certified Zemtsov’s powers of attorney, and interrogate Zemtsov and Bamgbala themselves, confronting them. It is important to note that this case was also in the hands of investigator Alla Grozan. As did the third case, which Investigator Grozan took surprisingly seriously.

On October 31, 2012, according to Rudnikov, the second wave of raider attacks began. According to a statement from a certain Artyom Bokshi, who presented a power of attorney from the Cypriot company Kapenda Limited, the founder of KS-Trust, criminal case No. 148360 was opened at the Internal Affairs Directorate of the North-Eastern Administrative District. Now the investigators suspected Rudnikov and his new partner Alexander Fomchenkov of allegedly withdrawing the assets of KS -Trust" on companies controlled by them, thereby allegedly causing damage to Rilwan Bamgbala.

“It was an ordinary raider attack,” says Vyacheslav Rudnikov. - Fraudsters tried several times to replace the director of KS-Trust and the founder. Under this power of attorney, the company’s shares were sold, first to a company in the Seychelles, and then to a certain Russian “Raduga”.

As a result of numerous court cases, the court ruled on the invalidity and nullity of Bokshi's power of attorney. And case No. 148360, where Vyacheslav Rudnikov and his partner Alexander Fomchenkov were witnesses, was suspended for lack of judicial prospects, since the investigation admitted that it was created artificially.

“It took us almost a year to fight the raiders, and we won all the cases in the courts,” says Vyacheslav Rudnikov. - In order to protect itself, a subsidiary company “KS-Trust” was created - LLC “Belcoforte”, to which the property of “KS-Trust” was transferred in the form of a contribution. Everything was formalized in a legal manner, having received the approval of the founders of KS-Trust - the Cypriot directors of Kapenda Limited. However, here too Bamgbala appeared, who managed to get involved in an arbitration case and achieve (in what way? - Ed.) a decision on the return of real estate from Belkoforte to KS-Trust. Currently, consideration of this case has been returned to the first instance.

Backstab

Vyacheslav Rudnikov associates the activation of the Nigerian, who seems to have curbed his appetites, with the fact that in late summer - early autumn 2013 there was a conflict in another of his Cypriot companies - Air-Style Holdings Ltd. In it, 66% of the shares belonged to Rudnikov himself, and 33% to his long-time partner Vasily Vasin. The Cyprus company, in turn, owned the Russian Er-Style Group, which included five companies working in the field of computer technology, programming and system integration.

Vasily Vasin appeared in the business of Vyacheslav Rudnikov in the early 1990s. Being the entrepreneur’s cousin, he receives free shares in the companies of the Air-Style group. In 2011, Vasin persuades Rudnikov to attract large investors to their holding - famous hoteliers and developers Alexander Klyachin and his partner Sergei Gordeev.

At the anniversary of Vasily Vasin. Vasin is on the left. On the right - Sergey Gordeev

“Vasin vouched for Klyachin and Gordeev,” says Rudnikov, “he said that they were responsible people and that he had known them for a long time. When concluding the contract, Vasily presented me with a plan according to which by the end of 2013 the company would be worth approximately $150 million.”

It should be noted here that an agreement was reached between Vasily Vasin and Vyacheslav Rudnikov that they would both eventually exit the business after receiving compensation for their shares based on the value of the entire company at the time of the actual sale.

Rudnikov agrees to these persuasion, in accordance with the terms of the agreement, he appoints his cousin as the general director of Air-Style, and the investors appoint their man as director of finance. Klyachin and Gordeev first received a minority stake, then increased it to 50%, and at the end of 2013 they were supposed to buy out the remaining shares of Vasin and Rudnikov. But kinship did not protect against betrayal. Back in the summer of 2012, Vasily Vasin refused to leave the business and transferred his 17% shares to the side of the “investors” who came. Vyacheslav Rudnikov claims that the agreement between Vasily Vasin and Alexander Klyachin took place at the stage of negotiations about entering the business, however, he realized this when it was already too late. And after a few more months they stopped hiding it. According to Rudnikov, they refused to provide him with the results of financial and economic activities, blocked access to the office and began to withdraw money from the company.

According to the businessman, since the end of 2012, new investors have openly underestimated the company’s profits, and this has already affected the value of Rudnikov’s stake, which was left alone.

According to the entrepreneur, in May 2013, at a meeting of shareholders, Alexander Klyachin openly said: “Vyacheslav, you are in the minority, if I were you, I would leave the company early, without waiting for the end of 2013.” Realizing that it was pointless to resist given such a balance of forces, Rudnikov valued his 33% stake at $38 million, at the lower limit. They offered him 10 million less. He refused. After this, the hot phase of the attack on Rudnikov and his assets begins.

Hotelier and investor Alexander Klyachin

The same Nikandrov

Why pay more when you can pay nothing. Apparently, this is exactly what the new owners of the famous computer holding Er-Style thought.

In the fall of 2013, the virtually dead case No. 148360 was resumed, in which Rudnikov allegedly withdrew property from KS-Trust and thus caused damage to his former Nigerian partner, who allegedly had a 24% stake in the company.

And this despite the fact that at the end of August 2013, according to Rudnikov himself, he entered into a settlement agreement with Rilwan Bamgbala in order to end the conflict and disperse. He notarized the agreement in Russia, and the Nigerian had it certified by the vice consul at the Russian embassy in the UAE, where Bamgbala was hiding from a criminal case for fraud with restaurants. According to the agreement, Rudnikov does not lay claim to his former restaurant business, and Bamgbala renounces his claims to a share in KS-Trust. With this agreement, agreements were reached on all controversial issues in all common companies and the divorce of former partners.

Nevertheless, the investigator of the Main Investigation Department of the Main Directorate of the Ministry of Internal Affairs for the city of Moscow, Alla Grozan, who was in charge of all three cases concerning Vyacheslav Rudnikov, is at this moment intensifying work on the KS-Trust case. According to a statement by a certain Kuzmina, a citizen unknown to Rudnikov, who appeared as another representative of the Cypriot Kapenda Limited and declared damages of $65 million, Alla Grozan is arresting all the real estate of Belcoforte LLC.

Thus, Rudnikov is left virtually without any means of resistance and the property of the company, which is not charged with anything and is a third party, is seized. This, according to Vyacheslav Rudnikov, is absolutely illegal.

The entrepreneur himself was placed under house arrest in July 2014.

The KS-Trust case, by order of the Prosecutor General, after President Putin’s resolution to “sort it out,” was taken from Alla Grozan from the Ministry of Internal Affairs in September 2014 and transferred to the Main Investigative Directorate of the Investigative Committee of the Russian Federation for the city of Moscow, from where it was released to the investigator of the Investigative Department for the North-Eastern District of Moscow, Timur Blinov. In a year, Blinov himself will move to the Main Investigative Directorate of the Investigative Committee, where the criminal case against Rudnikov will also be transferred “as if glued to it.”

But who would have known that in the ICR he would be supervised by the well-known General Denis Nikandrov and - behind the scenes - the head of the internal security service, Mikhail Maksimenko.

“Nikandrov began supervising my case in October 2014,” assures Rudnikov. “Investigator Blinov openly told me and my lawyers that he sees no prospects in this case, but if he closes it, his superiors will take his head off.”

In July 2015, the Butyrsky court returned the case back for investigation. The prosecutor's office's attempt to appeal this decision in the Moscow City Court ended in failure. After this, Blinov, according to Rudnikov, did nothing about the case for almost a whole year.

In 2016, practically unchanged materials were received by the Tushinsky court, where they are being considered these days by the deputy chairman of the court, Olga Krapchetova. The entrepreneur believes that his case was deliberately transferred to the Tushinsky court, since the investigation did not comply with the decision of the Butyrsky court and did not eliminate the judge’s requirements for the violations it identified. It would be pointless to bring the same materials to the same court.

Today, Vyacheslav Rudnikov, talking about his bitter experience, is trying to attract the attention of society and the authorities to the problems of raiding and the whole layer of security officials and judges covering it. As if he had heard this call, at the end of October, President Vladimir Putin introduced a bill to tighten the responsibility of law enforcement agencies for unfounded criminal prosecution of entrepreneurs. Amendments to Article 299 of the Criminal Code of Russia (“Bringing a knowingly innocent person to criminal responsibility.” - Ed.) It is proposed to increase the term of imprisonment for guilty law enforcement officers from five to seven years. If this led to major damage of 1.5 million rubles or other “grave consequences”, then the sentence could be from 5 to 10 years.

Entrepreneur Vyacheslav Rudnikov has been fighting for five years against unscrupulous businessmen and raiders who are trying to take away his assets. According to the entrepreneur, corrupt law enforcement officers are helping to fabricate criminal cases against him, without whom it would actually be possible to bring charges against him « on the empty place » it would be impossible.

For more than 5 years now, Rudnikov has been subjected to criminal prosecution in what he claims is a fabricated case, persecution by the preliminary investigation bodies of the Ministry of Internal Affairs of the Russian Federation and the Investigative Committee of the Russian Federation, with the full connivance of the prosecutor’s office, as well as pressure « customized » , unlawful court decisions.

According to him, an organized criminal group has long been established in Moscow, headed by a Russian billionaire and a number of other individuals, which, with the help of investigators and prosecutors corrupted by them, has been fighting me since 2012 to the present with the aim of stealing business assets belonging to me:

“The authorities of the Ministry of Internal Affairs of the Russian Federation fabricated criminal case No. 148360 against me, and then this « Job » was continued by the bodies of the Investigative Committee of the Russian Federation. The case was initiated on October 31, 2012, at the request of a person unknown to me, a certain Bokshi A.O., who acted by proxy on behalf of my company, whom I have never seen and whom the investigation has never presented to me for acquaintance for 5 years, although would be confronted. The case was initiated very quickly, within 9 days, and in the same department of the Ministry of Internal Affairs of the Ministry of Internal Affairs for the North-Eastern Administrative District, where already on February 24, 2012, criminal case No. 148058 was opened against the raiders, according to the statement of the head of the company KS-Trust LLC, in relation to in which numerous raider attacks were carried out (this case was successfully collapsed by employees of the Main Investigation Department of the Ministry of Internal Affairs of the Russian Federation in Moscow and personally by investigator Grozan A.V., now we are making attempts to bring it to an end in the Internal Affairs Directorate of the Ministry of Internal Affairs for the North-East Administrative District, encountering the strongest resistance from the investigation).

Case No. 148360 was opened by investigator Pogrebny K.S. based on false reports from an employee of the Ministry of Internal Affairs and others. As the owner, no one called or questioned me, and I learned that the case was opened approximately 4 months later, at the end of January 2013, simultaneously with the beginning of a new massive attack on my assets. At the same time, the actions of the Ministry of Internal Affairs investigation were completely synchronized with the actions of the raiders.

However, despite all the efforts of the “law enforcement officers” from the Ministry of Internal Affairs, we managed to repel these attacks and recognize through the court all the “powers of attorney” of Bokshi A.O. insignificant, arrest warrants were issued for his accomplices, Montenegrin Kordik Davor and Briton Eric Simon, by the Cyprus police as part of a criminal case initiated there. By the way, against one of the attackers - the Nigerian Bamgbala A.R. — on December 13, 2011, criminal case No. 413999 was separately initiated for fraud in the amount of more than 350 million rubles. At present, the case has also been completely collapsed by the Main Investigation Department of the Ministry of Internal Affairs of the Russian Federation for Moscow (and investigator A.V. Grozan also had a hand in this), there are forgeries in the case, the examination was most brazenly fabricated, etc., and this is a separate story of lawlessness "law enforcement officers".

I'll continue.

A group led by a billionaire actively participated in the opposition. These people, having invested huge amounts of money, took advantage of the completed but not officially closed criminal case No. 148360 and by bribing a large group of people from the Ministry of Internal Affairs, the Investigative Committee and the Prosecutor's Office, they gave the case a “second wind,” says Rudnikov. He was accused of « theft" of their own property.

« Since December 2013, i.e. For more than 4 years now, my property has been illegally seized - several office buildings built by my own companies in Moscow, which does not allow me to use them as collateral when obtaining loans and put them into economic circulation. Moreover, these buildings are the property of a third party, to which the investigation has no claims and which is not directly related to the criminal case, explains Rudnikov. — For reference: my companies implement projects that are very necessary for the country and are engaged in computer technology, software development, Internet technologies, system integration, telecommunications, aircraft development, production of educational programs and popular science documentaries, and innovative activities. Unfortunately, a number of projects have been closed, and some have been frozen for more than 4 years due to the events taking place around me and described in this appeal. I had to fire more than 400 specialists... A huge number of complaints and petitions on the merits of the case, over 5 years, sent by me to the bodies of the Ministry of Internal Affairs, the Investigative Committee of the Russian Federation, and the Prosecutor's Office, are practically either completely ignored or rejected. Moreover, I am given unmotivated, non-specific refusals, in the category of “you are wrong and that’s it, there are no violations,” although all my complaints and petitions are more than specific and detailed point by point. Almost all complaints submitted to the heads of authorities were transferred “down” without verification to the same employees whose actions were complained about and who committed malfeasance. And deliberately false and distorted information was probably reported “to the top.” “In my opinion, all these years, the lower and middle levels of the investigation and prosecutor’s office manipulated the facts and distorted data in their reports transmitted to senior management.”

Three times you gave instructions to look into the issues of criminal prosecution of me: on May 28, 2014 to V.A. Kolokoltsev, on August 14, 2014 to Yu.Ya. Chaika, on June 24, 2015 to the head of the RF Investigative Committee, A.I. Bastrykin. (“consider and report”). I believe that Bastrykin A.I. reported to you information, however, I am afraid, the information is false, prepared by his employees. After all, already on July 14, 2015, the case was returned by the Butyrsky court to the prosecutor with devastating wording, and the Moscow City Court confirmed this decision on September 17, 2015. After holding the case for a whole year without progress, the investigation transferred it to another court - Tushinsky, realizing that it would not be possible to correct the comments of the Butyrsky court - white things would not become black, and black things would not become white. But on December 23, 2017, the Tushinsky court returned the case to the Prosecutor’s Office, adding even greater grounds for its immediate closure. On March 28, the Moscow City Court confirmed the decision of the Tushino court. And again, the case is still under investigation, now in the Babushkinsky interdistrict investigative department of the same Investigative Committee for the North-East Administrative District, and practically no action is being taken on it. Of course, there are a lot of courts in Moscow, the investigation has scope - why not go through everything?

On December 5, 2017, the head of the investigator was Blinova T.B., the head of the Investigative Committee for the North-Eastern Administrative District was Galashko S.K. issued a Resolution to cancel the Resolution to initiate a criminal case dated October 31, 2012 at the request of A.O. Bokshi. Thus, the investigation RECOGNIZED THE ILLEGAL NATURE OF INSTITUTION OF THIS CRIMINAL CASE AND ALL ACTIONS OF THE INVESTIGATION DURING THESE 5 years ILLEGAL. Meanwhile, during this time, my assets worth more than 2 billion rubles were arrested, which could allow me to save my business and projects and protect myself from raiders, attacks from which continue to this day. I was under house arrest for 15 months and am still under recognizance not to leave.

But the end of my ordeal did not end there, and everything started anew: then, on December 5, 2017, the investigation, without terminating the criminal prosecution and the criminal case itself No. 148360, opened a new criminal case No. 11702450017000065 against me, and on the same single “episode” "and based on the report of investigator Blinov T.B. He is again taking this case into his proceedings... I have repeatedly written complaints and petitions to change the investigator T.B. Blinov. an honest investigator who could objectively and quickly sort everything out (documents confirming my innocence have been on file almost from the very beginning of the investigation). But Blinov, apparently, was assigned by someone to this case to do all the work in the “field,” and the same leader Galashko covers him. That is, investigator Blinov began the “investigation” of this “case” FOR THE FOURTH TIME...

Since October 2014, case No. 148360 was “supervised,” according to my information, in order to put pressure on me by a high-ranking employee of the Main Investigative Directorate of the Investigative Committee of the Russian Federation in Moscow, Major General Denis Nikandrov, who was arrested in the summer of 2015. Investigator T.B. Blinov openly told me that “he sees no prospects in this “business” but, nevertheless, “if I close this case, the authorities will take my head off,” openly admitted that the general himself is supervising it.”

Strange decisions of the courts led to the fact, says Rudnikov, that a member of the organized crime group deliberately bankrupted Er-Style LLC, having previously withdrawn about 900 million rubles from the company: “He bankrupted a company that had a net profit after paying all taxes in the amount of 272 million rubles. New goods worth more than 500 million rubles were deliberately and secretly written off. Criminals are not afraid of anything because they take advantage of corrupt connections. After three years of visiting law enforcement agencies, it has still not been possible to initiate a criminal case against them, although all the evidence lies on the surface. The amount of theft is about 1 billion rubles.

In another company with a similar court decision, members of an organized crime group, with administrative and corruption support, stole from me a business for the repair and maintenance of computer and office equipment - Air Es Service LLC, which has more than 100 branches in Russia, Kazakhstan and Belarus, perhaps the largest professional network with similar activities: “I estimate the value of this company at 1.2 - 1.5 billion rubles. My attempts to initiate criminal cases against the illegal actions of members of this criminal organized crime group also ended in nothing, although I continue to try to open a criminal case, but the organized crime group probably flooded everything with money, everything has been bogged down for years in trifles and swamps. Law enforcement officials, in my deep conviction, do their best to shield the real criminals and do not allow the investigation to progress... e-Style Softhouse LLC, a small (the core of the company is about 60 people), but very professional company for the development of custom programs, was completely ruined... The amount of damage is more than 400 million rubles. Since 2014, I have been deprived of my share in the Er-Style group of companies that I created in 1991... Personnel were withdrawn - more than 1000 people, branches in 6 largest cities of Russia were transferred, contracts with customers were renegotiated, stolen intellectual property in the form of approximately 150 industry solutions, finances have been withdrawn, contracts with more than 50 product suppliers have been renegotiated... At the same time, law enforcement agencies are collapsing or have already collapsed two criminal cases brought against members of an organized crime group...

Dear Vladimir Vladimirovich,

The question arises - who generally administers justice in the country? Is it really possible that any scoundrel can so freely initiate criminal cases, and then manage and control them, take away other people’s property, and denigrate people’s honest names in the media? And vice versa - you can use corruption to cover up any crime, ruin any criminal case, would the criminals have money? Why is there still no normal anti-raid legislation in the country?

scandaly.ru/Igor Kratov - 04/03/2017 16:54

Raider takeovers have recently acquired a new form - now criminal cases are simply opened against entrepreneurs who own valuable assets. More details about how this happens are described in the material posted on the Skandaly.ru website.

A well-known entrepreneur told how his business was taken away from him

Nowadays, modern absorbers of other people's property, instead of forceful seizures of highly liquid land around the capital, initiate criminal cases against the “old” owners and sell the “acquired” assets to new owners. “Top Secret” explored modern technologies of hostile takeovers.

How Alexander Klyachin, a graduate of the Faculty of Geography of Moscow State University, became the head of the Nerl company is a story shrouded in darkness. But in the ranking of the most famous and tough players in the domestic mergers and acquisitions market, the Nerl company was one of the top five in the dashing 1990s. The targets of the “buyers” were collective farms, state farms of the Moscow region, research institutes, construction organizations, and defense enterprises. The acquired lands and buildings were used for residential development, and often simply resold at the market price.

A noteworthy story is when, on one of the state farm fields in the Ruza district of the Moscow region, Alexander Klyachin’s Nerl, with the support of the friendly private security company Rodon, went head-to-head with another active buyer of land near Moscow - Vasily Boyko and his company “Your Financial Trustee”. Later, Boyko himself told how, during the struggle, members of the Rodon private security company blocked roads, cut off electricity and took collective farmers tens of kilometers from their homes, where they forced them to transfer their land shares to Nerl. The head of the “Financial Trustee” himself, in addition to a broken arm and cut fingers, was accused of raiding and spent some time in a pre-trial detention center.

Alexander Klyachin

What made Alexander Klyachin suddenly change his field of activity, and whether it was a change at all, also remains a mystery, but in 2008, the Kommersant publication reported: Klyachin sold the Nerl company and acquired the Austrian AustrianHotel Company, which operates 21 hotels in Europe, and will now concentrate their strength in the hotel business. Many experts then hastened to declare that the aggressive era in the mergers and acquisitions market was ending. And Alexander Klyachin chose the right moment to get rid of a brand with a controversial reputation. The moment was indeed fortunate, but no one was going to give up the skills from the past.

Already in 2012, a confrontation began between the world's largest player IKEA and the owners of the former state farm "Path to Communism", transformed into a "Collective Agricultural Enterprise" (KSHP - Ed.). KSHP, which, according to media reports, was controlled by Alexander Klyachin since the time of land battles for the Moscow region, suddenly began to lay claim to a plot of land of more than 16 hectares a few kilometers from the Moscow Ring Road along Leningradskoye Shosse, under two buildings of the Khimki Business Park office complex. owned by IKEA. In recent years, the Swedish business giant has managed to fend off KSHP. Although the courts either seized the disputed property or removed interim measures on the KSHP claim.

Why did Alexander Klyachin, a successful hotelier and owner of the famous Metropol by that time, need to get involved in a legal battle with an unpredictable result (since 1993, IKEA leased this site from the administration of the city of Khimki, and then bought it into ownership - Ed.), they already told sources close to the KSHP process against IKEA. According to them, representatives of the plaintiffs have repeatedly come into contact with a business proposal to pay a large compensation for the quiet existence of IKEA in Russia. The requested amount, according to some sources, amounted to tens of millions of dollars.

Vasily Vasin (left) on behalf of the Er-Style company presents a prize to a computer science teacher, 2001. Photo: Anton Denisov/TASS

What are you doing, brother...

But shortly before the Khimki events, the owner of the hotel chain under the Azimut brand, Alexander Klyachin, had another interesting project in development. We can say that the detective story revolved around the Er-Style holding of entrepreneur Vyacheslav Rudnikov, who has Bryansk roots. The Russian company Er-Style appeared at the dawn of the computer era in 1991. It was founded by Vyacheslav Rudnikov and a representative of the Singaporean company Future Systems Ltd, Rilwan Bamgbala, a Russian citizen of Nigerian origin. Over the years, their Russian-Singapore joint venture has grown into a group of companies with large financial turnover. Starting with the usual assembly and sale of computers, Er-Style eventually became one of the largest service centers in Russia and the former Soviet republics, a system integrator and developer of software solutions for business and government agencies. The holding's income by 2011 exceeded $100 million and promised to only grow. By this time, the first co-owners Rudnikov and Bamgbala were engaged in new business projects, and instead of them, the operational management of the company was carried out by his cousin Vasily Vasin, appointed General Director by Rudnikov. For greater motivation, Rudnikov gave Vasin a 15% stake in a number of companies in the holding, making him a minority shareholder. (Rilwan Bamgbala will almost completely leave the business only in 2013 and will focus on his personal projects. - Ed.)

Rivan Bamgbala

“At the very beginning of 2011, my cousin Vasily Vasin approached me and offered to find an investor in Air-Style,” Vyacheslav Rudnikov shares his memories with the newspaper “Top Secret”. “At the same time, he said that he was very tired, that he would work for a couple more years and wanted to retire. I agreed that if there is a reliable investor, then we can invite him to be a partner.”

Having received approval, Vasily Vasin began vigorously searching for investors. And already in the spring he introduces Rudnikov to Alexander Klyachin and his junior partner Sergei Gordeev. Vasily Vasin introduced them as developers and hoteliers.

“I didn’t know anything about them, Vasin said that he knew them well enough and they were decent businessmen,” Rudnikov recalls with regret. – At this time, I was mainly busy with other projects, and since the summer of 2011 I also participated in two election campaigns in the Bryansk region. Nevertheless, I immediately refused to sell the entire company, they wanted to buy at least a controlling stake and during the negotiations they agreed as follows: Klyachin and Gordeev jointly buy 45%, 45% will remain with me and Vasin, and another 10%, at the suggestion of my brother, will be reserved for a possible third investor." (This 10% will still play a role in this matter.)

Sergey Gordeev

Here we should make a small digression. From the very beginning, Vyacheslav Rudnikov had certain doubts. But cousin Vasily Vasin did not give any opportunity to doubt - he personally vouched for the investors. And from the very beginning he convinced of his loyalty and defense of common interests. Vasin provided Rudnikov with a plan according to which by the end of 2013 the company would be worth approximately $150 million and upon exiting the company the value of his share would be valued at approximately $50 million. And Rudnikov signed an agreement with Klyachin’s company.

“I was quite happy with this plan,” says the entrepreneur, “as it turned out, later it was actually implemented, and the company achieved the desired result. Just what is needed not for me, but for my brother and new partners.”

Rudnikov could not even imagine that a conspiracy involving his relative had long been brewing behind his back. The deal was quite complicated, but Vyacheslav Rudnikov did not find it suspicious, because he naively believed that his brother and general director of Air-Style, Vasily Vasin, was on his side. Klyachin and Gordeev proposed the following mechanism: the company Air-Style Holdings Ltd. was created in Cyprus. 66% of the shares in it belonged to Rudnikov’s Cypriot numitora Holdings GMBH, and the RegalitservicesLTD company created by Vasin controlled 34% of the Cypriot Air-Style. This company, Er-Style Holdings Ltd., brought some of the assets (not all - Ed.) from Russia: a Russian management company, Er-Style Group LLC, was organized, which was 100% founded by a Cypriot company. And already this Er-Style Group LLC owned several Russian companies.

The junior partner of Alexander Klyachin, Sergey Gordeev, spent about six months - from the summer of 2011 to the end of 2011 - at the main office of Er-Style Group LLC and checked the activities of Russian companies. Nothing suspicious yet. An investor does have the right to check how the company in which he plans to invest is doing. On January 27, 2012 (the documents are at the disposal of the editors), an agreement was signed between the companies: Alexander Klyachin (CoralGroupFinanceLTD) on the one hand and Rudnikov’s numitoraHoldingsGMBH and Vasin’s RegalitservicesLTD on the other hand. The entire Cyprus holding Air-Style Holdings Ltd. was valued at $40 million. Accordingly, for 45% in the company, Klyachin had to pay 18 million, but only $6 million was transferred to the accounts of numitoraHoldingsGMBH and RegalitservicesLTD, and then only a year later. Looking ahead, let's say that the buyers did not pay any more money. Why is that? The fact is that, according to the terms of the agreement, Klyachin’s company CoralGroupFinanceLTD was supposed to bring orders from new customers to the company and receive “commission payments” from these orders. These would be counted as investments for the remaining $12 million. At the same time, Vyacheslav Rudnikov appointed Vasin as the director of the holding until the end of 2013 (when Rudnikov and Vasin had to simultaneously leave the business by selling their shares to Klyachin’s company. - Ed.). Klyachin appointed his own financial director. This ensured transparency of the work and guaranteed compliance with the interests of all participants.

“Vasin convinced me that Klyachin has significant connections in the business environment,” says Rudnikov, “and he and Gordeev are able to increase the company’s revenues at the expense of new customers.” Imagine Rudnikov’s surprise when the new partners took credit for an order worth several million dollars from existing customers with whom Air-Style had already been cooperating for many years. For example, with the Pension Fund - more than 10 years. The second alarm bell for Vyacheslav Rudnikov sounded when Klyachin paid the initial $6 million, but only in February 2012, while already for 2011 his company CoralGroupFinanceLTD received dividends from Air Style for approximately the same amount. The payment of dividends was signed by Vasily Vasin.

Thus, in January 2012, Alexander Klyachin, as Rudnikov assures, showing documents, received 45% of a successful business practically for free, and in the summer of 2012 another 5% was added to them, divided from those 10 reserved for the third prospective investor, who He has not appeared. Thus, in the summer of 2012, Alexander Klyachin’s company CoralGroupFinanceLTD had 50% of the shares, Rudnikov’s company numitoraHoldingsGMBH had 33%, and Vasin’s company RegalitservicesLTD had 17%.

Moreover, according to the terms of the agreement, by January 1, 2014, Rudnikov and Vasin had to leave the business together, and Klyachin had the right to buy out the remaining 50% from them, thus receiving 100% of the company. (The buyout price was to depend on the value of the company at that time and was calculated as EBITDA multiplied by a factor of 6.1.)

From owner to minority shareholder

For the first few months everything went smoothly, but already in the summer of 2012 Vasily Vasin told his brother that he had changed his mind, would not leave the company and would remain after 2013. It turned out that Rudnikov, in fact becoming a minority shareholder, was losing control over his business, and Vasily Vasin was now on Alexander Klyachin’s team. Thus, Vasin violated the agreed conditions for Klyachin’s entry into the business and actually betrayed his relative and business partner. And then the new “investors”, together with Vasily Vasin, stopped being interested in Rudnikov’s opinion, carrying out a number of dubious financial transactions, and moved to a new office, access to which was closed to the founder of the company.

In April–May 2013, presenting the results of work for 2012, Vasin indicated the value of the company at approximately $75 million. This is despite the fact that at the end of 2012 it was already calculated that it costs approximately 100 million. By the way, an article was even published on this occasion in the Kommersant newspaper.

“It became clear to me that the results were being deliberately underestimated,” recalls Rudnikov, “and the plan for 2013 was reduced by almost half, and I was being prepared for the low cost of my stake in the buyout. I demanded that Vasin and Gordeev provide me with financial documentation - they strictly refused me. In May 2013, Klyachin said openly at our meeting: “Vyacheslav, you are in the minority, if I were you, I would leave the company early.” Realizing that he was unable to resist such a turn of events, Rudnikov, having only part of the information, calculated the value of his 33% shares. It turned out to be from 38 to 48 million dollars. As a result, for a smaller amount of 38 million, he agreed to leave the company early.

“Gordeev and Klyachin offered 28 million. At the same time, Vasin said that “Klyachin will not pay anymore.” “I refused,” says Rudnikov, “after that they started a war with me, saying that in this case they would not pay me anything at all.”

Foggy divorce

In August 2013, realizing that Rudnikov saw through the plan and conspiracy of his cousin with Klyachin and Gordeev, Vasily Vasin proposed to leave all companies and divide the business. Rudnikov was not at all against it, but believed that, in addition to profitable companies, their debts should also be divided. Vasin did not agree with this and refused to pay his debts, of which there were many. At the same time, according to Rudnikov, he captured the ER Service company together with its director Sergei Kasatkin, perhaps the largest in the computer equipment repair market in Russia, Kazakhstan and Belarus. The value of the company is estimated at approximately 20–25 million dollars, Rudnikov has a 52.55% stake in it.

“At the very end of August 2013, I entered into a settlement agreement with the minority shareholder and my former partner Rilwan Bamgbala,” says Rudnikov, “having agreed with him all the conditions for his exit from all joint companies. I notarized the agreement in Russia, and Bamgbala - with the vice consul at the Russian embassy in the UAE, where he was hiding from a criminal case for fraud with restaurants. In 2009-2010, Bamgbala defrauded a chain of restaurants in which my share was over $15 million. But Vasin tore up this agreement; he needed Bamgbala in the new conditions to fight me.”

Since July 2013, Sergei Gordeev stopped all contacts with Vyacheslav Rudnikov, and since the end of August even relative Vasily Vasin stopped answering phone calls.

In the latest version of the agreement on the acquisition by hotelier Alexander Klyachin of a stake in the Cyprus holding Air-Style Holdings Ltd., there was a clause according to which all controversial issues of shareholders should be resolved in a London court. However, Rudnikov’s demands to buy out his 33% share based on the performance of the entire Er-Style holding at the end of 2013 at a fair price in Foggy Albion were strangely not accepted. The London arbitration court simply left him as a shareholder of the company with 33%, as is. The decision is more than surprising, since Rudnikov still cannot access information and participate in decision-making on the board of directors. In addition, for some reason the court did not insist on its own decision to provide Rudnikov with all the company’s financial documents, including all company contracts from 2011 to 2013 with cost calculations for each contract (!). He is still denied access to the office.

“Moreover, at the second stage of consideration, this same arbitration court ignored my proposal to return the trademark back to the holding free of charge and respond to the conspiracy of Vasin, Gordeev and Klyachin,” says Rudnikov. – At the same time, the decision on the second stage was made by London judges unusually quickly - literally in 10 working days (at the first stage the case was considered for almost four months. - Ed.). It is clear that the judges were moving according to the rules. And the court’s decision was to pay my company, numitora Holdings GMBH, to Klyachin’s company $11 million for the trademark. It turned out that Klyachin, when he bought the company, valued the trademark at zero rubles, and when he filed a claim against me for refusing to transfer the brand, its value suddenly increased to 22 million dollars, and he demanded that I pay him 11 million. And the court agreed with him! Currently, my lawyers have filed an appeal, which will be considered by the High Court of London.”

The controversial asset has been prepared for sale

While the entrepreneur was fighting off far-fetched charges of fraud in Russian courts (See “Pressed and robbed,” “Top Secret No. 11/388, November 2016”), Vasily Vasin and Sergey Gordeev began to withdraw assets from the Air-Style company and prepare new company for sale. The largest asset withdrawn to date is Redsys LLC (RedSys). Hundreds of employees from other holding companies were transferred to this company, contracts with customers were transferred and re-negotiated. This company was registered by Vasin in his own name; legally he owned 100% of the company, although Rudnikov believes that there are several real owners - Klyachin, Gordeev and Vasin.

“Klyachin, without my knowledge or participation, extended Vasin’s powers as director of Air-Style Group LLC after 2013, but did not file any claims against Vasin for the withdrawal of assets in RedSys, which, you see, says a lot. A person like Klyachin, who is ready to fight for 10 thousand dollars, did not take any measures when assets worth tens of millions of dollars were withdrawn. In fact, there are more than enough facts of collusion between Klyachin and Vasin in the case. For example, at the end of December 2013, Vasin announced that he had sold his company to a certain Mark Walle. Literally two hours later I received a fax from Klyachin’s company about the buyout of 33% of my shares. And according to the terms of the agreement, if Vasin or I lose control over our companies, then the cost of the buyout is reduced by 25%. It was not surprising to me later that Mark Walle turned out to be Klyachin’s acquaintance, Mark Vasiliev. Klyachin admitted this fact in an English court and even refused to consider the evidence. There were more than enough such actions on the part of Klyachin, Gordeev and Vasin. And the London Arbitration Court “did not see” the conspiracy when examining this case.”

According to some reports, RedSys was acquired at the end of 2016 by one of the companies behind which, according to Rudnikov, are the Ananyev brothers. Do the oligarchs know from whom and what assets they acquired? Vyacheslav Rudnikov believes that they did not explain to the new owners that the asset was controversial.

Why did we dwell on this story in such detail? Because, according to Rudnikov, it is a classic example of takeover: collusion between an “investor” and top management, the creation of schemes to transfer financial assets to parallel structures, concealment of information about the financial and economic activities of the company, fabricated criminal cases against the real owners.

Let's ask a rhetorical question: will the “invaders” in our country ever be defeated, and honest business will finally be able to breathe freely? Or does no one need this?

TENTH ARBITRATION COURT OF APPEALS

117997, Moscow, st. Sadovnicheskaya, 68/70, building 1, www.10aas.arbitr.ru

RESOLUTION

Tenth Arbitration Court of Appeal composed of:

presiding judge Zakutskaya S.A.,

judges Mizyak V.P., Katkina N.N.,

when keeping the minutes of the court session by the secretary of the court session Magomadova K.S.,

when participating in the meeting:

from Bamgbala Adetunji Rilvana: Dmitriev A.K., representative by power of attorney No. 77 AB 3958432 dated 07/07/2014, issued by Vasin V.V., acting under a power of attorney certified by the Helsinki Magistrates' Court on 07/29/2014;

from Vasin Ivanovich Vasin: Dmitriev A.K., representative by power of attorney No. 77 AB 8098373 dated September 16, 2015, passport;

from the limited liability company "Fetikor": Daineko M.A., representative by power of attorney, no. dated 07/06/2016, passport;

from Rudnikov Vyacheslav Alekseevich: Berezovskaya M.V., representative by power of attorney No. 77 AB 8400533 dated 01/06/2016, passport;

having considered at the court hearing the appeal of the limited liability company "Fetikor" and Rudnikov Vyacheslav Alekseevich against the decision of the Arbitration Court of the Moscow Region dated April 22, 2016 in case No. A41-47571/14, accepted by judge Agaltseva Yu.V., on the claim of Bamgbal Adetunji Rilvan and Vasily Ivanovich Vasin to the limited liability company "Fetikor", with participation in the case as a third party who does not make independent claims regarding the subject of the dispute, Rudnikov Vyacheslav Alekseevich, for the recovery of the actual value of the share in the authorized capital of the limited liability company "Fetikor",

INSTALLED:

Citizens Bamgbala Adetunji Rilwan and Vasily Ivanovich Vasin filed a claim with the Arbitration Court of the Moscow Region against the limited liability company Fetikor (hereinafter referred to as Fetikor LLC, the defendant) to recover the actual value of their shares in the authorized capital of the company in the amount of RUB 67,344,000 . and 47,719,000 rub. respectively (vol. 1, pp. 5-7).

A participant in Fetikor LLC, Vyacheslav Alekseevich Rudnikov, was brought in to participate in the case as a third party who does not make independent claims regarding the subject of the dispute.

By the decision of the Arbitration Court of the Moscow Region dated December 12, 2014, the claims of Bamgbala A.R. and Vasina V.I. satisfied.

By the decision of the Tenth Arbitration Court of Appeal dated March 4, 2015, the decision of the trial court was left unchanged.

By the decision of the Arbitration Court of the Moscow District dated June 22, 2015, the decision of the Arbitration Court of the Moscow Region dated December 12, 2014 and the decision of the Tenth Arbitration Court of Appeal dated March 4, 2015 in case No. A41-47571/14 were canceled, and the case was sent for new consideration to the Arbitration Court court of the Moscow Region, while the cassation court indicated that when considering the case again, the arbitration court must establish all the circumstances included in the subject of proof, taking into account the legal position set out in the Resolution of the Plenum of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation dated 09.12. 1999 N 90/14 “On some issues of application of the Federal Law “On Limited Liability Companies”, Resolutions of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 09/06/2005 N 5261/05, dated 05/26/2009 N 836/09, dated 04/17/2012 N 16191/11, discuss the issue of ordering an examination to determine the amount of the company’s net assets, evaluate in accordance with the requirements of articles of the Arbitration Procedural Code of the Russian Federation the evidence presented in the case materials, arguments and objections of the parties, setting out this assessment in a judicial act.

When the case was reconsidered, the plaintiffs petitioned to change the amount of the claims, as a result of which Bamgbala A.R. asked to recover 58,672,185 rubles from the defendant. actual value of the share in the authorized capital of the company, Vasin V.I. - 54,861,982 rub.

The petitions were accepted by the court for consideration in accordance with Art. .

By the decision of the Arbitration Court of the Moscow Region dated April 22, 2016, the demands of Bamgbala A.R. satisfied in full in the amount of 58,672,185 rubles, the requirements of Vasin V.I. partially satisfied in the amount of RUB 39,477,836.

Having disagreed with the adopted judicial act, Fetikor LLC and V.A. Rudnikov appealed to the Tenth Arbitration Court of Appeal, in which they asked to cancel the decision of the first instance court, as made with incomplete clarification of the circumstances relevant to the case.

Representative Rudnikov V.A. At the court hearing, a petition was filed to postpone the trial due to the need for representatives to participate in another trial, also taking place on July 14, 2016 in another court.

The representative of Feticor LLC supported this petition.

The plaintiffs' representative objected to the adjournment of the trial.

According to Part 3 of Article of the Arbitration Procedural Code of the Russian Federation, if a person participating in the case and duly notified of the time and place of the court hearing filed a motion to postpone the trial with justification for the reason for failure to appear at the court hearing, the arbitration court may postpone the trial, if he recognizes the reasons for non-appearance as valid.

It follows from this procedural rule that even if there are good reasons for the failure of a person notified of the time and place of the hearing to appear at the court hearing, postponing the trial is a right and not an obligation of the court.

The stated request to postpone the consideration of the complaint is not motivated by the presence of circumstances indicating the impossibility of considering the case, taking into account the fact that all representatives of the parties appeared at the court hearing and have the opportunity to support and present their legal positions.

In connection with the above, the court refused to satisfy V.A. Rudnikov’s petition. to postpone the trial.

Representative Rudnikov V.A. At the court hearing, a written petition was filed to suspend the proceedings in this case until the judicial act in case No. A40-148013/16 enters into legal force, within the framework of which the claim of V.A. Rudnikov is being considered. on the invalidation of transactions on the withdrawal of Bamgbal Adetunji Rilwan and Vasin Vasily Ivanovich from the membership of Fetikor LLC.

The representative of Fetikor LLC supported the stated petition.

The plaintiffs' representative objected to the suspension of the proceedings.

According to paragraph 1 of part 1 of the article of the Arbitration Procedural Code of the Russian Federation (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation), the arbitration court is obliged to suspend the proceedings in the case if it is impossible to consider this case until the resolution of another case considered by the Constitutional Court of the Russian Federation, the constitutional court of a constituent entity of the Russian Federation, or a court of general jurisdiction , arbitration court.

The court, having considered the petition to suspend the proceedings in the case, refused to satisfy this petition, since the applicants did not prove the impossibility of considering the dispute in this case until the merits of case No. A40-148013/16 are resolved.

In the present case, the court establishes the actual value of the share of the company's participants, which is subject to payment when the plaintiffs withdraw from the company's membership, while the size of such a share is not made dependent on the outcome of the consideration of the case on invalidating the withdrawal from the company's membership.

The legality and validity of the court's decision were verified in accordance with Art. , Arbitration Procedural Code of the Russian Federation.

As can be seen from the case materials, the plaintiffs, when appealing to the arbitration court with their stated demands, indicated that Fetikor LLC was registered as a legal entity on July 23, 2002, and the authorized capital of the company at the time of its creation was 10,000 rubles. (clause 4.1 of the charter of Fetikor LLC).

Bamgbale A.R. owned a share in the authorized capital of the company in the amount of 28.05%, Vasin V.I. - 19.4%.

On January 29, 2013, Fetikor LLC entered into Agreement No. U-1 with the management company, LLC Legal Company Inconsult, on the transfer of powers of the executive body of the company.

December 25, 2013 Bamgbala A.R. sent to LLC Legal Company "Inconsult" an application to withdraw from the membership of the company and pay the actual value of his share in the authorized capital.

July 25, 2014 Vasin V.I. sent to LLC Legal Company "Inconsult" an application to withdraw from the membership of the company and pay the actual value of his share in the authorized capital.

Due to the defendant's failure to fulfill the obligation to pay the actual value of shares in the authorized capital of the company, the plaintiffs filed a claim with the arbitration court.

The court of first instance, partially satisfying the claims, proceeded from the fact that the defendant did not provide evidence of payment to the plaintiffs of the actual value of the shares in any part, while the demands of Vasin V.I. are subject to partial satisfaction based on the size of the share in the authorized capital owned by him at the time of withdrawal from the company's membership (19.4%).

Challenging the decision of the court of first instance, Fetikor LLC and V.A. Rudnikov indicated that the plaintiffs did not fulfill the obligation to notify the Company of their withdrawal from the membership of the Company, since they sent applications for withdrawal from the membership of the Company to LLC Legal Company Inconsult, whose powers were terminated on November 21, 2013.

The applicants also refer to the fact that the plaintiffs filed applications in court in the absence of the right to bring such claims, since the established Art. 23 of the Federal Law, the three-month period for voluntary payment by the company of the cost of the share at the time of filing a lawsuit had not expired.

In addition, the applicants believe that the court of first instance did not fully examine the results of the examination carried out in the case, including the unreasonableness of calculating the actual value of the share in the authorized capital based on the market value of the real estate.

At the court hearing, representatives of Fetikor LLC and V.A. Rudnikova. supported the arguments of their appeal.

The representative of the plaintiffs objected to the satisfaction of the appeal and referred to the legality and validity of the decision of the court of first instance.

Having examined the case materials, studied the arguments of the appeal, and heard representatives of the persons participating in the case, the arbitration court of appeal does not find any grounds provided for in the article of the Arbitration Procedural Code of the Russian Federation for changing or canceling the appealed judicial act.

According to part 1 of article of the Civil Code of the Russian Federation and paragraph 1 of article of Federal Law dated 02/08/1998 No. 14-FZ “On Limited Liability Companies” (hereinafter referred to as the LLC Law), a company participant has the right to leave the company if this is provided for by the company’s charter .

Clause 7.1 of the Charter of Feticor LLC establishes that a company participant has the right to leave the company at any time, regardless of the consent of other participants or the company.

If a company participant leaves the company, his share passes to the company from the moment he submits an application for withdrawal from the company (clause 7.2 of the Charter).

In accordance with paragraph 3 of paragraph 2 of Article 23 of the Law on Limited Liability Companies, within three months from the date of occurrence of the corresponding obligation, unless another period is provided for by the charter of the company, the company is obliged to pay the participant the actual value of his share in the authorized capital of the company, determined on the basis of data the company's financial statements for the last reporting period preceding the day the company participant made the corresponding request, or with the consent of the company participant, to give him in kind property of the same value.

Clause 7.3 of the Charter of Fetikor LLC establishes that the company is obliged to pay to the company participant who filed an application to leave the company the actual value of his share in the authorized capital of the company, determined on the basis of the company’s financial statements for the last reporting period preceding the day of filing the application to leave from the company, or with the consent of this participant in the company, give him in kind property of the same value or, in the case of incomplete payment of his share in the authorized capital of the company, the actual value of the paid part of the share within 3 months from the date the corresponding obligation arises.

As for the argument of the applicants of the appeal that at the time the plaintiffs filed this claim, established by Art. 23 of the Federal Law, the three-month period for the company’s voluntary payment of the cost of the share has not expired, then the arbitration court of appeal cannot recognize it as justified, since at the time of resolution of the dispute the corresponding period for payment of the share had expired, however, Fetikor LLC did not take measures for the voluntary payment of the share, in including in its undisputed part.

When a participant leaves the company, his share passes to the company, which is entrusted with the obligation to pay the withdrawing participant the actual value of this share, determined on the basis of the company’s financial statements for the year during which the application for withdrawal from the company was submitted (clause 2 of Article 26 of the Law on limited liability companies).

Article of the Federal Law of 02/08/1998 N 14-FZ “On Limited Liability Companies” (hereinafter referred to as the Law on Limited Liability Companies) establishes that the actual value of the share of a participant in a limited liability company corresponds to a part of the value of the company’s net assets, proportional to the size of his share .

Of significant importance in determining the size of the actual value of a participant’s share are the date of his withdrawal from the company’s membership and the amount of net assets determined on the basis of information reflected in the balance sheet for the corresponding period.

The obligation to take into account the market value of real estate when calculating the actual value of the share of a withdrawing participant in the company is indicated in the legal position of the Supreme Arbitration Court of the Russian Federation, formed in the Resolutions of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 7.06.2005 N 15787/04, dated 6.09.2005 N 5261/05, dated 05/26/2009 N 836/09 and 04/17/2012 N 16191/11.

In accordance with the explanations contained in paragraph 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation dated 09.12.1999 N 90/14 “On some issues of application of the Federal Law “On Limited Liability Companies” (hereinafter referred to as the resolution dated 09.12 .1999 N 90/14), if a company participant does not agree with the amount of the actual value of his share in the authorized capital of the company, determined by the company, the court checks the validity of his arguments, as well as the company’s objections based on the evidence presented by the parties, provided for by procedural legislation, including the conclusions of the examination carried out in the case.

At the same time, the Law on Limited Liability Companies does not impose on a participant of such a company who disagrees with the amount of the actual value of his share determined by the company the obligation to send the company any additional requirements regarding the adjustment of a previously made calculation.

Based on the above provisions of the law, the court of first instance, taking into account the explanation given in paragraph 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation dated December 9, 1999 N 90/14 “On some issues of application of the Federal Law “On Limited Liability Companies” ", an examination was appointed, the implementation of which was entrusted to experts from the federal budgetary institution of the Russian Federal Center for Forensic Expertise under the Ministry of Justice of the Russian Federation.

As a result of the study, experts obtained the following conclusions:

1. The value of the net assets of the limited liability company "Fetikor" according to accounting data as of September 30, 2013, taking into account the market value of the property owned by the limited liability company "Fetikor", amounted to 225,169 thousand rubles. taking into account the cost of unfinished construction and 209,170 thousand rubles. - without taking into account its cost;

2. The actual value of the share in the authorized capital of the limited liability company "Fetikor", owned by Bagbala Adetunji Rilwan (taking into account its size of 28.05%) as of 09/30/2013, taking into account the market value of the property owned by the limited liability company "Fetikor", amounted to 63,159,905 rubles. taking into account the cost of unfinished construction and 58,672,185 rubles. - without taking into account its cost;

3. The value of the net assets of the limited liability company "Fetikor" according to accounting data as of June 30, 2014, taking into account the market value of the property, amounted to 219,493 thousand rubles. taking into account the cost of unfinished construction and 203,494 thousand rubles. - without taking into account its cost, but taking into account the fulfillment of the obligation of the limited liability company "Feticor" to pay Bamgbala A.R. the actual value of the share in the authorized capital of the limited liability company "Fetikor" amounted to 157,925 thousand rubles. taking into account the cost of unfinished construction and 146,414 thousand rubles. - without taking into account its cost;

4. The actual value of the share in the authorized capital of the limited liability company "Fetikor", owned by Vasily Ivanovich Vasin (taking into account its size of 26.96%) as of 06.30.2014, taking into account the market value of the property owned by the limited liability company " Feticor” amounted to RUB 59,175,313. taking into account the cost of unfinished construction and 54,861,982 rubles. - excluding its cost.

The Arbitration Court of Appeal believes that this expert opinion is appropriate evidence in the case.

In accordance with Part 2 of Article of the Arbitration Procedural Code of the Russian Federation, if doubts arise about the validity of an expert’s conclusion or there are contradictions in the conclusions of an expert or a commission of experts on the same issues, a re-examination may be ordered, the conduct of which is entrusted to another expert or another commission of experts.

The issue of ordering a re-examination in case of doubts about the validity of the conclusion based on a party’s request is the right of the court, which is based on the procedural rules for the court’s assessment of the conclusion of the initial examination.

An expert opinion has no predetermined force for the court. It is assessed along with other evidence available in the case file.

The applicants filed a petition in the court of first instance to order an additional examination.

However, the appellate court considers the refusal of the first instance court to satisfy this petition to be justified, since, as the court correctly pointed out, the expert’s conclusion submitted by the defendant for a forensic examination in this case does not indicate the presence of contradictions in the expert’s conclusions, but essentially contains recommendations on the procedure for conducting the study .

The parties did not announce to the appellate court about calling an expert or conducting a re-examination.

Since the defendants did not pay the plaintiffs the actual value of the share in the authorized capital of the company within the period established by law, the demands of Bamgmala A.R. and Vasina V.I. the payment of the share was rightfully satisfied by the court of first instance, while the claims of Vasin V.I. the court of first instance rightly granted partially in the amount of 39,477,836 rubles, based on the size of the share in the authorized capital that belonged to him at the time of withdrawal from the company's participants (19.4%), since there was evidence of redistribution of shares in the company after the withdrawal of participant Bamgbala A.R. . plaintiff - Vasin V.I. not presented to the court.

As for the reference of the applicants of the appeal to the fact that the notice of withdrawal from the membership of the company was sent by the plaintiffs to an improper person, the arbitration court of appeal cannot agree with it, since appropriate changes were made to the Unified State Register of Legal Entities to change the composition of the company's participants.

In addition, subsequently, in the framework of case No. A41-6700/14, the decision to terminate the powers of Inconsult Law Company LLC was declared invalid.

Taking into account the above, taking into account that the judicial panel did not establish any violations of the norms of substantive and procedural law committed by the court of first instance when issuing the appealed judicial act and entailing its cancellation, there are no grounds for satisfying the appeal.

Guided by the articles, part 1 of Art. , art. Arbitration Procedural Code of the Russian Federation, court

DECIDED:

the decision of the Arbitration Court of the Moscow Region dated April 22, 2016 in case No. A41-47571/14 is left unchanged, the appeal is not satisfied.

Department of the Federal Service for State Registration, Cadastre and Cartography for the Moscow Region, represented by the department for the city of Kolomna and Kolomna district, state land supervision