On September 18, 2018 in the city of Odessa, employees of ARMA, while fulfilling the ruling of the investigating judge of the Shevchenkivsky District Court of the city of Kyiv, made an attempt to transfer into management of managing company of assets in different districts of the city and of the region.
Pursuant to rulings of the investigating judge of the Shevchenkivsky District Court of the city of Kyiv from 25.07.2018 and from 07.08.2018 the seizure was imposed and the order of storage was determined, namely, transferring into the management of ARMA of such material evidence, in particular: Central Universal Department Store (TSUM) at address: Odessa Region, the city of Odessa, Pushkins`ka str. 72; “Black Sea” Hotel (“Gold Bugaz”) at adress: 67800, Ukraine, Odessa region, Ovidiopol district, Gribovka Resort, “Gold Bugaz”, 17.
Earlier, on September 14, 2018, these immovable property objects, following the Court’s rulings were transferred by the representatives of the GPO and the SSU into management of ARMA. At the moment of acceptance and transfer of assets, representatives of the owner and the administration of the TSUM and the hotel did not obstruct, provided access to all premises and information, and in every way contributed to the implementation of the above-mentioned rulings of investigating judges.
However, when representatives of ARMA and of the managing company visited the facilities for the second time on September 18, 2018, they met a substantial resistance from unknown persons who began to take active steps to prevent the ARMA and the managing company from executing of measures on management of these assets.
The fact of the impediments to management measures were immediately documented by journalists, investigators of the SSU and authorized persons of ARMA. In addition, the investigative and operational group of the National Police which arrived at the scene of the events, duly recorded the fact of obstacles to the management activities of the ARMA.
Criminal proceedings have been instituted concerning the failure to comply with the rulings of the investigating judges and obstacles to the management activities of ARMA, which will be investigated by the relevant units of the National Police.
Non-fulfilment of legal requirements of officials of ARMA with regard to elimination of violations of legislation in the field of asset management is an administrative offense in accordance with Article 188-48 of the Code of Ukraine on Administrative Offenses. Intentional failure to comply with a judgment, decision, ruling, court statement which has become legally effective or impediment to their execution is a crime in accordance with Article 382 of the Criminal Code of Ukraine.
The activity of ARMA on assets management has always been and will remain exclusively in the framework of the current legislation. As of today, the Court decision on assets is in force. No other Court decisions, prohibiting ARMA to implement asset management measures existed and does not exist. Thus, the said ruling is mandatory for execution in accordance with Article 129-1 of the Constitution of Ukraine.
ARMA is confident in the possibility of constructive dialogue with the owners of assets regarding their future managing.
