On January 21, 2019, the acting director general of Rostok Holding, Ihor Stashuk, filed a complaint addressed to the Ministry of Justice of Ukraine (MoJ) and the Commission on consideration of complaints in the sphere of state registration (hereinafter - the Commission).
He informed that, according to the information of the United State Register of Legal Entities, Individual Entrepreneurs and Public Organizations of Ukraine (hereinafter - the Unified State Register), the state registrar of the Shevchenkivskyi District State Administration of the city of Kyiv, Sotnikova T.O. has changed the director of the Company from the acting director Stashuk I.P. to Kiselyov A.V., and also excluded Natochiy R.P. from the composition of the signatories of the Company (registration action from January 18, 2019, No. 10701070019040512).
The Commission considered this complaint on January 28, 2019. According to the results of the consideration, the Commission established numerous and significant violations in actions of the state registrar Sotnikova T.O., in particular, she did not take into account the information available in the Unified State Register that only the Asset Recovery and Management Agency (ARMA), has the authority to exercise the powers of the owner of the assets as a member of the Company, including decision making that provide for the subsequent introduction of any changes to the the Unified State Register.
As the result, MoJ has decided to annul the registration action and block access of the abovementioned state registrar to the Unified State Register.
Let us remind that on July 7, 2018, investigators of the Kharkiv Police department of the Main Department of the National Police in the Kharkiv region conducted a pre-trial investigation in the criminal proceeding № 42018221430000250 subject to a criminal offense provided for in Part 4 of Article 190 of the Criminal Code of Ukraine - “embezzlement in especially large amounts” (unlawful obtaining of money in the amount of more than USD 21 million (almost UAH 591 million).
Further, investigating judges of the Kharkiv district court of Kharkiv region have issued rulings in case № 635/4979/18 (proceedings
№ 1-ks/635/2266/2018 and № 1-ks/635/2265/2018) from September 28, 2018 imposing seizure on assets of “Rostok-Holding” Group companies.
ARMA emphasizes that in accordance with Article 98 of the CPC of Ukraine all property seized in these criminal proceedings was found to be material evidence - objects that were the means of committing a criminal offense, containing information to be used as evidence of the fact or circumstances that were established in the course of the criminal proceedings.
In addition, on November 30, 2018, investigating judges of the Kharkiv district court of Kharkiv region determined the procedure for safekeeping of material evidence in the criminal proceeding №42018221430000250 from July 17, 2018. This procedure for storage of material evidence is provided for by Article 100 of the CPC of Ukraine, and is an established by the court way of execution of previously adopted resolutions on seizure of the property concerned.
The assets of Rostock-Holding, transferred into the management of ARMA, are material evidence, seized in criminal proceedings and property, to 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 an act of performance of four court rulings with the aim of assisting investigators, prosecutors and judges in reaching the objectives of criminal proceedings provided for in Article 2 of the CPC of Ukraine.
In addition, all assets are objects of probable future confiscation to the state revenue.
