20:19 07.07.2023

Kolomoisky may become third party in case of confiscation of part of Kryvy Rih Iron Ore Plant from Russian sanctioned shareholders – media

3 min read
Kolomoisky may become third party in case of confiscation of part of Kryvy Rih Iron Ore Plant from Russian sanctioned shareholders – media

Businessman Ihor Kolomoisky may become a third party in the case pending by the High Anti-Corruption Court (HACC) on the suit of Ukraine's Ministry of Justice against sanctioned citizens of the Russian Federation Alexander Babakov, Yevgeny Giner, Mikhail Voevodin and others on the confiscation of their assets, in particular the share of the Kryvy Rih Iron Ore Plant.

According to Nadra.info's source in the HACC, the court received an application from Kolomoisky's representative to join the case as a third party on the side of the defendants, who did not make independent claims on the subject of the dispute. On July 6 of this year, the HACC panel of judges satisfied this application.

According to the source, in a large list of assets, which the Ministry of Justice is asking the HACC to recover in favor of the state, there are 49.84% of shares of Kryvy Rih Iron Ore Plant, which Voevodin and (supposedly) his wife Nataliya Selivanova allegedly indirectly own.

The HACC meeting is scheduled for July 11.

From the materials reviewed by Nadra.info, it follows that 49.84% of the shares of Kryvy Rih Iron Ore Plant, which can be confiscated, is a share, through Starmill Limited (Cyprus), owned by Kadis Holding Limited (Saint Kitts and Nevis – an island state in the eastern Caribbean). 100% Kadis Holding Limited is owned by Newsteel Holding Ltd. (Belize). And although 100% of the latter is owned by Michalakis Tsitsekkos, the ultimate beneficiaries of this company, according to the source, are also Voevodin and Selivanova (according to YouControl, in 2019 they appeared as the ultimate beneficial owners of Kryvy Rih Iron Ore Plant - Nadra.info).

Voevodin allegedly received his share in Kadis Holding Limited from Kolomoisky, in accordance with an agreement concluded back in 2016. This document stipulates that the share will cost Vojvodin $926 million, to be paid out of dividends, distributed profits or other payments from the Kryvy Rih Iron Ore Plant business.

According to a Nadra.info source, copies of documents were added to Kolomoisky's application for joining the court case, providing that until Kolomoisky receives $926 million, he has the right to manage the business of Kryvy Rih Iron Ore Plant, including through the management of shares in Kadis Holding Limited and the receipt of any economic interest in these shares (both in the distribution of profits and in the event of a sale). In the submitted application for joining the case, it is allegedly said that Kolomoisky has not received from Vojvodin the Kryvy Rih Iron Ore Plant dividends belonging to him under the agreement.

With this in mind, the HACC panel of judges decided that the court decision in the case could affect the rights and interests of Kolomoisky related to the fulfillment of the terms of the contract signed in 2016, and added him to the case as a third party.

According to court documents, a copy of which is available to Interfax-Ukraine, on June 28, 2023, the Ministry of Justice filed an administrative lawsuit against Russian citizens under Part 1 of Article 4 of the law "On Sanctions" on the recovery of assets to state revenue. The ministry also requested that these assets be seized as part of the lawsuit. On June 30 of this year, the HACC satisfied the claim of the Ministry of Justice.

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