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The seizure and transfer of “Rostok-Holding” assets to the new Manager are legal and justified

15-01-2019

Investigators of the Kharkiv Police Division of the General Department of National Police in the Kharkiv region have been conducting a pre-trial investigation on criminal proceedings under № 42018221430000250 on grounds of a criminal offense provided for in Part 4 of Art. 190 of the Criminal Code of Ukraine - "embezzlement in especially large amounts" since July 17, 2018. In essence, the pre-trial investigation authorities, the prosecutor's office and the court responded to fraudulent actions, which, in the opinion of the investigation, resulted the unlawful obtaining of money in sum more than USD 21 million (almost UAH 591 million).

Further, the investigating judges of the Kharkiv region court of Kharkiv region  by the rulings from September 28, 2018 in the case № 635/4979/18 (proceedings № 1-ks/635/2266/2018 and № 1-ks/635/2265/2018) imposed seizure on assets of “Rostok- Holding” group.

ARMA emphasizes that in the criminal proceedings, all seized assets, in accordance with Article 98 of the CPC of Ukraine, are material evidence - objects that were the means of committing a criminal offense, contain information that can be used as evidence of the fact or circumstances that are being established during criminal proceedings.

In addition, on November 30, 2018, investigating judges of the Kharkiv district court of Kharkiv region determined the procedure for keeping material evidence in criminal proceedings № 42018221430000250 dated July 17, 2018. This procedure for the storage of material evidence is provided by Article 100 of the CPC of Ukraine, and is established by the court by means of execution of previously adopted rulings on the seizure of the relevant property.

The assets of “Rostok-Holding” transferred into ARMA`s management are material evidence, seized in criminal proceedings and property  for which the pre-trial investigation bodies, the prosecutor's office and the court have applied a special procedure for the storage of material evidence.

Accordingly, ARMA's management of these assets is a activity on execution of four court decisions, with the aim of assisting investigators, prosecutors and judges in attaining the objectives of criminal proceedings provided in Article 2 of the CPC of Ukraine. In addition, all assets are objects of probable future confiscation in state revenue.