Ministry of Internal Affairs or Federal Bailiff Service: who will win the Friends of the Year nomination?

Ministry of Internal Affairs or Federal Bailiff Service: who will win the Friends of the Year nomination?
Ministry of Internal Affairs or Federal Bailiff Service: who will win the Friends of the Year nomination?
9 September 2020, 11:52Business
Construction magnate Ilgar Hajiyev claims that the actions of bailiffs and police help the raiders who took away his business.

Victor Levin

Developer Ilgar Hajiyev, known in the media as a victim of a raider attack on the construction holding SDI Group, has officially addressed the director of the Federal Bailiff Service Dmitry Aristov with a demand to block the accounts of SZ ComfortInvest LLC, which was the part of his holding.

The company for which the main struggle is being waged is the developer of the Pirogovskaya Riviera, a residential complex in Mytishchi with a total area of over 500,000 sq m, consisting of 20 buildings, a kindergarten and a polyclinic.

“ComfortInvest has long ago become an “uncontrollable gun” that harms the founders precisely because of an uncontrolled director who has been in prison for a long time, but whom we cannot replace in accordance with the procedure established by the law precisely because of the active countermeasure of the bailiffs”, - writes Ilgar Hajiyev in his address.

Bailiffs who don't need money

According to Ilgar Hajiyev, the officials of the FSSP, instead of the mandatory collection of the amount of debt or the complete seizure of the accounts of the seized company, which is expected due to the incurring of a debt, block the change of the general director. The founders suspect the latter of aiding the raiders and the withdrawal of 95 million rubles of the equity holders under a deliberately illegal loan agreement, but the bank rejected the payment.

At first, the planned by the founders of ComfortInvest (LLC Style - 51.43% and Ilgar Hajiyev - 18.57%) change of the general director Nikita Danilchenko to a manager loyal to the owners was canceled by the decision of the Odintsovo City Court at the request of the creditor of the minority founder Albert Imanilov (30%). The founders also suspect the latter of participation in the raider takeover of the company.

The founders of the Riviera developer, Stil LLC and Ilgar Hajiyev, won the appellate and cassation courts and secured the recognition of the appointment of the new management. However, the official re-registration of the head was again blocked, this time by the tax authorities (interdistrict inspection of the Federal Tax Service No. 46) in Moscow at the request of Moscow bailiffs.

The corresponding decision was made by the bailiff for the South-Eastern Administrative District of Moscow, Andrey Vladislavovich Petrov. The lawyers of Stil LLC and Ilgar Hajiyev appealed against the ruling with the chief bailiff of Moscow and filed an administrative claim in court to declare the actions of the bailiff Petrov illegal. Meanwhile, the founders held a new meeting of the society, dedicated to the change of the director. This time, all the formalities related to the notification of the participants of the society by the Russian Post have already been observed, however, Albert Imanilov did not appear at the meeting already for the second time. And again, the re-registration of the change of director in the tax office depended on the bailiff service.

And again they obstructed it. But this time they resorted to a non-trivial ruse. The higher bailiff canceled the ruling, which became the subject of the trial, and as soon as the court refused to consider the application due to the absence of the subject (ruling), the bailiff again issued a similar ruling. There are no legal restrictions on such judicial "drafts".

“I am not asking for the special treatment, privileges or indulgences, but only demand that the so-called civil servants serve really in the interests of the state, that is, citizens, and not individual businessmen, that officials honestly fulfill their duty. Now the measures they are taking are playing into the hands of the raiders who have robbed and plundered my business”, - said Ilgar Hajiyev.

Traditionally, when collecting debts of a society, seizure is imposed either on property or on accounts, say the interviewed lawyers. Blocking a change of the director is an extraordinary measure and only applies to those who deliberately and maliciously evade other penalties. In the case of ComfortInvest, blocking the change of management was the only measure, and this, of course, makes one think about the bailiffs' bias in this matter.

Concussion a year after being beaten

Ilgar Hajiyev also speaks openly and harshly about the role of the law enforcement officers in an attempt to misappropriate his business.

He is convinced that an important role in the seizure of his informal holding was played by the searches in the SDI Group office on Kutuzovsky Prospekt, carried out by operatives of the Department of Economic Security and Anti-Corruption of the West Administrative District of Main Department of the Ministry of Internal Affairs in Moscow (OEBiPK ZAO GU MVD) a few days after the raider attack. At the same time, the statements of the entrepreneur himself and his employees regarding the appropriation of the property remained unanswered. As a result of the searches carried out in the case in connection with the statement of Betas LLC, the primary documents of almost all SDI Group companies registered at the legal address were seized. The businessman complains: the lack of contracts, invoices and acts still does not allow to clarify the relations with counterparties and assessing the extent of the damage to business.

Hajiyev himself, hiding in England from the threats of the criminal authorities, remains a defendant in the criminal case on the fact of beating the victim "against an unidentified group of people". The case was initiated on May 24, 2018 by officers of the Department of Internal Affairs in the Dorogomilovo district of the West Administrative District of Moscow.

A forensic examination in this case was carried out on June 13, 2019, that is, a whole year after the alleged beating and just 4 days after Hajiyev again reported the seizure of his holding to the police. However, a belated examination recorded a concussion of the brain of the victim, after which the culprit suddenly appeared in his testimony. The businessman Ilgar Hajiyev allegedly injured him out of hooligan motives. The hooliganism suspect is perplexed: during the incident he was in a public place and did not beat anyone.

Another cornerstone of the operation against his holding, which included 5 companies that, in addition to the Pirogovskaya Riviera, built the residential complex Vernadsky, Akkord. Smart-quarter, the Kremlin riding school at VDNKh and many roads in Moscow and the region, Ilgar Hajiyev considers the imprisonment of the general director of the developer Pirogovskaya Riviera.

According to the developer, despite the fact that Nikita Danilchenko, the general director of ComfortInvest, aided the raiders who allegedly embezzled his property, the businessman considers the criminal case against Danilchenko clumsily fabricated. “The persons who stole the money of the Riviera equity holders, obviously, feared the loss of control over Danilchenko, his transfer to the other side or frankness”, - says the entrepreneur.

Due to the nature of the charges, the criminal case against Nikita Danilchenko is of a closed nature, and therefore, as Hajiyev assures, the public cannot even imagine the full extent of the absurdity of the circumstances set forth in it and the evidence of the defendant's guilt.

Problems come from Kiev Square

It is noteworthy that the general director of ComfortInvest was detained by operatives of the Ministry of Internal Affairs in the Mozhaisky district of the West Administrative District of Moscow, all the same district in which the case was initiated against Hajiyev himself.

The ex-head of the Internal Affairs Directorate of the West Administrative District Andrey Puchkov, dismissed by Vladimir Putin in connection with the fabrication by his subordinates of a criminal case against journalist Ivan Golunov, was formally appointed to the position of the director of the multifunctional transport complex Shchelkovsky. This is a new transport hub with a passenger traffic of up to 30 thousand people per day. Informed sources report that in fact, the position of the director of Shchelkovsky is formal, but in reality the former police major general took over the security service of a number of the largest facilities of Kievskaya Ploshchad LLC of God Nisanov and Zarakh Iliyev.

Exactly the managers from Kievskaya Ploshchad, among whom there were Flera Teplinskaya and Vladislav Yusupov who stood out, as well as the head of the Vityaz private security company Maxim Kotov, which was close to Kievskaya Ploshchad, were recorded by surveillance cameras in Ilgar Hajiyev's office on Kutuzovsky Prospekt during the seizure of the SDI Group holding.

Флера Теплинская требует совершить платеж на 95 млн руб. с ООО "АккордСпецстрой", но бухгалтер не узнает подпись гендиректора Ножичкина
Максим Котов докладывает Году Нисанову о захвате имущества Ильгара Гаджиева

Later, Ilgar Hajiyev will have some more compelling evidence confirming the participation of top managers of Kievskaya Ploshchad in the attack on his business. First, he will receive an audio recording in which a female voice, almost identical to the voice of Flera Teplinskaya, threatens an accountant of one of the SDI Group companies, demanding to fulfill the order to withdraw funds from the company's accounts. And then a photocopy of the payment order to withdraw 95 million rubles of the equity holders with a mark made in handwriting exactly repeating the handwriting of Flera Teplinskaya: "agreed with Vlad". This payment was rejected by the bank due to the deliberate illegality. The payment for the same amount was nevertheless made, but already from the account of AkkordSpetsstroy LLC, another company from the SDI Group holding. The payment order and the agreement allegedly bore the signature of the General Director of Spetsstroy Valery Nozhichkin, but the accountant found it to be fake. Later, Valery Nozhichkin wrote a statement to the police that his signature on the document had been falsified.

Флера Теплинская выносит из офиса SDI Group коробки с деньгами

Ilgar Hajiyev has at his disposal dozens of recordings from the internal and external video surveillance cameras, in which people who do not have any legal relation to Hajiyev's holding, while in his office, discuss the fate of his objects, force his subordinates to take oaths of allegiance and openly take out boxes full of five thousandth bills.

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