The Granite case of the prosecutors
The employees of the General Prosecutor’s Office, with the help of the National Securities and Stock Market Commission, have organized a raid on businesses in the Poltava region and may disrupt the pre-election plans of the Hroysman government.
A Very Valuable Paper
On July 30, 2018, the National Securities and Stock Market Commission decided to audit the securities custodian company "Avers". But "Avers" is not the main target.
The ultimate goal of the NSSMC’s inspection is to reach the head of LLC "RGQ" (Ryzhevskyi Granite Quarry on the outskirts of Horishni Plavni, the former Komsomolsk) - Serhiy Koryavchenkov. In September 2017, he sold shares of PJSC "RGC" to protect the business from raiders. The charter of LLC "RGQ" did not prohibit him from conducting such a transaction (read here about the arsenal used by raiders associated with BMW for attacking the granite quarry).
You might ask: what does the NSSMC have to do with a private enterprise that never issued and could not issue securities regulated by the national commission? And it’s a very valid question, the answer to which is one - nothing.
However, we managed to establish that the State Commission was "kindly asked" to dig into Koryavchenkov. The name of the requester is the current Deputy Head of the Main Investigative Department of the General Prosecutor’s Office Volodymyr Hutsulyak, previously repeatedly caught in journalistic investigations for insatiable appetites.
We confirmed that it was V. Hutsulyak who sent the relevant documents to the State Commission from two sources - from the commission itself and the General Prosecutor’s Office. At the time of handing the documents over to the NSSMC, Mr. Hutsulyak headed the GPU department for investigating serious economic crimes, which provided procedural guidance and investigated the criminal case opened following a complaint from one of Koryavchenkov’s former partners, V.R. Kovalchuk. A purely commercial dispute, at the level of a private enterprise, NOT a securities issuer.
That is why the decree to audit "Avers" (and with "Avers," LLC "RGQ") from the NSSMC was signed not by Masha Yefrosinina’s husband, the head of the National Commission, Tymur Khromayev, but by the director of the control-legal work department of the National Commission, O. Misyura.
And this is understandable - the wise and experienced Tymur Khromayev would not take responsibility for an obviously dubious manipulation. Because by signing something to which one has no right, for a government official, it means signing, if not a death sentence, then at least a reprimand recorded in the work book, and in the worst case scenario, dismissal with a "wolf ticket".
(Tymur Khromayev is sensible enough not to get involved in dubious stories)
Moreover, we managed to establish that the personal position of the head of the NSSMC differs fundamentally from the position for which Oleh Misyura took responsibility.
We have at our disposal the photo of a document that Tymur personally sent to Yuriy Lutsenko exactly 4 months before Misyura’s decision to audit "Avers". A copy was provided to us by a source in the leadership of the General Prosecutor’s Office.
Here is that document.
Pay attention to Tymur Khromayev’s personal signature, as well as the highlighted paragraphs. As early as March 2018, the head of the NSSMC clearly indicated to the General Prosecutor’s Office that the law does not require the National Commission to audit LLC "RGQ" and its director Serhiy Koryavchenkov, they cannot assess the competence of the director of the LLC, who has never been a securities issuer. This is a matter for the court and law enforcement agencies, not the Commission. If the National Commission breaks the law, someone will have to answer for it.
That "someone" became Mr. Misyura. By the way, as the media wrote, Oleh Misyura was involved in the raider seizure of "Odesa Confectionery" OJSC in 2009, while he was the head of the financial monitoring department of the Odesa Territorial Administration control-legal administration, then still part of the SSCM.
Setting Up the General
We also have a copy of another document revealing the essence of Hutsulyak’s attention to LLC "RGQ" and Koryavchenkov, which brought a prosecutor from the General Prosecutor’s Office to the NSSMC.
This is the conclusion of the Head of the Department for Supervision over the observance of laws in criminal proceedings and coordination of law enforcement activities, General-Lieutenant Volodymyr Bedrykovskyi.
To spare the reader a volume of text, we will give the most vivid excerpts from the conclusion:
"During the pre-trial investigation, significant incompleteness and bias have been allowed"...
"... the investigation examines only the arguments of one side, V.R. Kovalchuk, and does not at all assess the arguments of S.V. Koryavchenkov ..."...
"... the investigation, conducting a corporate dispute investigation, does not give due attention to the fact that V.R. Kovalchuk is not a co-owner of LLC "RGQ", as, due to his failure to contribute his share to the authorized capital, by the decision of the general meeting of LLC "RGQ" dated 22.09.2017, he was excluded from the participants of the LLC and cannot be considered a victim"...
Thus, General-Lieutenant Bedrykovskyi essentially confirms that the employees of the General Prosecutor’s Office consciously organized a raid on the management of the Ryzhevskyi Granite Quarry and played along in the "corporate dispute" with V.R. Kovalchuk, who generally has no relation to LLC "RGQ", because he did not contribute his share to the authorized capital and was excluded from the participants of the LLC. To avoid disgrace and the shame of the General Prosecutor’s Office, Volodymyr Bedrykovskyi advises transferring the case to another pre-trial investigation body.
What is the essence of the setup, which Bedrykovskyi writes about between the lines? It is as simple as two times two. The Ryzhevskyi Granite Quarry is a major supplier of crushed stone for road construction. Last year, raiders led by Kovalchuk nearly thwarted the implementation of the state plan for repairing national roads in the Poltava region. At that time, they attempted to organize the takeover through black registrars. This year, Yuriy Lutsenko’s subordinates have taken up the cause. What will Prime Minister Volodymyr Hroysman and Minister of Infrastructure Volodymyr Omelyan say if they learn that their pre-election plans for road repairs will be disrupted at Reznytska Street?
The one who pays the piper is the... compadre
As you already understand, the main character on whose behalf the General Prosecutor’s Office played in V. Hutsulyak’s person in this story is V.R. Kovalchuk.
A personality known precisely for his attempt to seize the Ryzhevskyi Granite Quarry in August 2017.
Besides owning BMW salons, Vadym Kovalchuk is known for being the godfather of the former Kyiv and Poltava region prosecutor Anatoliy Melnyk. Mr. Melnyk baptized Kovalchuk’s daughters. It was with Melnyk’s name on the placards that miners came to the Poltava Regional State Administration, picketing BMW salons in Poltava and Kremenchug in 2017.
(In 2017, miners managed to defend themselves against raiders with help from the Ministry of Justice and its Anti-raider Commission)
At that time, the case even reached an appeal to the BMW headquarters.
We dare to assume that the published information will be the basis, if not for immediate personnel conclusions in the GPU and the NSSMC, then at least for internal investigations, the results of which we will definitely inform you about.
15 August 2018 г., 14:20
