The Commercial Court of Dnipropetrovs’k region is considering case No. 904/1926/23 on the bankruptcy of Borivazh LLC at the request of Ingosstrakh Insurance Company, the
In this case, PrivatBank is a secured creditor, pledging the corporate rights of Agroterminal Logistic LLC and Agroterminal LLC, which belong to Borivazh LLC.
Whose “Agrokomplekt”
In January 2019, the corporate rights of Agrocomplex LLC were alienated in favour of Dmitry Alexandrovich Shapkin on the basis of a power of attorney dated 15 January.
At the same time, the official who allegedly certified this power of attorney died back in October 2018, as evidenced by the materials of the criminal proceedings opened on 31 May 2024 regarding the alleged illegal acquisition of Agrocomplect
The difficult fate of Borivazh
“PrivatBank has tried several times to organise an auction to sell its claim to Borivaz LLC, but so far each of the attempts has encountered various obstacles.
Recently, the port was mortgaged to Terminal Borivazh LLC and then arrested by the court. At this point, PrivatBank could have breathed a sigh of relief. But no.
“Using artificially created debts, Terminal Borivazh LLC is trying its best to establish control over Agroterminal Logistic LLC (the owner of the port) by initiating bankruptcy proceedings,” wrote oboz.ua wrote about this.
In addition, in May 2024, Agrocomplex LLC sold its claims against the debtor to its successors.
And finally, on 19 August 2024, the bankruptcy procedure was launched against Borivazh LLC the bankruptcy procedure was launched of bankruptcy proceedings.
Logically, this opens up wide new avenues for potential manipulation of the asset.
Who benefits from this?
The value of Borivaz is estimated at around UAH 5 billion. And it is hard to doubt that the owners of the so-called Privat Group want to keep such a valuable asset.
The fact that someone is trying to control and model the bankruptcy process for themselves is at least indicated by the fact of “selecting the right judge”.
21.on 08.24, Terminal Borivazh LLC filed a petition with the Commercial Court of Dnipropetrovs’k Region to initiate bankruptcy proceedings against Agroterminal Logistic LLC.
According to available information, the case was assigned to Judge Pervushin Yuriy (Case No. 904/3717/24). On the same day, either Terminal Borivazh LLC changed its mind about initiating the case or did not like the judge, but withdrew its application. Judge Pervushin returned the withdrawn application on 22.08.24. And literally an hour later, Terminal Borivazh LLC filed the same application with the court, which was now assigned to Judge Sukhovarov A.V. (Case No. 904/3747/24). It is important that both applications were signed by the same lawyer, Kyrylo Ryabokon,” informed oboz.ua.
Today, the media are naming two people who may be the directors of the attempts to appropriate Borivazh LLC and leave PrivatBank with a hole in the bagel.
We are talking about Ihor Kolomoisky’s partner Gennadiy Boholyubov, who recently illegally illegally left Ukraineand his former subordinate, former Deputy Chairman of the Board of PrivatBank Volodymyr Yatsenko. It is the latter who is credited with playing a key role in the scheme to take over the port.
“There is a threat of changing the management of Agroterminal Logistic LLC to persons loyal to Yatsenko, which could lead to the creation of artificial debt or unfavourable alienation of property. PrivatBank may lose its collateral for a loan of about UAH 5 billion, and the state may lose control over the strategically important port of Borivazh, which is a maritime transshipment and warehouse complex for grain cargo with a berth. In addition, there is a threat of court decisions that may block PrivatBank’s ability to exercise its right of claim or foreclose on the collateral,” points out the RegionNews publication points out.
As reported by 