Business news from Ukraine

Spanish investor claims loss of more than UAH 20 mln due to raider takeover of company by its Ukrainian co-founder

Spanish citizen Angel Miguel Cerezo Gallardo estimates losses from the raider takeover by the Ukrainian co-founder of the Selecto Markets company, of which he is a co-founder, at UAH 20 million.

As the Spanish citizen said at a press conference at the Interfax-Ukraine agency on Tuesday, together with Ukrainian partners, he planned to develop a chain of grocery stores in Ukraine with the supply of products from Spain and other European countries, created the Selecto Markets company, invested in first store in Kyiv, delivered equipment and goods.

According to him, one of the co-founders of the company from the Ukrainian side was Maksym Marshchivskyy, who at that time headed the distribution direction in the Furshet retail chain. The co-founders, among other things, planned to supply European products to Ukrainian retail chains, as well as develop their own network of Selecto Markets stores.

However, according to the Spanish investor, Marshchivskyy, without any reason, refused to pay for goods imported from Spain and other European countries by the Spanish businessman’s companies, stopped paying local suppliers, blocked the Spanish partner’s access to the company’s accounts and documents, and also “decided to personally manage the company and re-register for himself.”

In turn, Cerezo Gallardo’s lawyer Hennadiy Borysychev noted that law enforcement agencies “are in no hurry to enter information about criminal offenses under Articles 219 and 191 of the Criminal Code into the unified register of pre-trial investigations, as well as to investigate them.”

“We will have to go to court to declare the investigators’ inaction illegal and in court to oblige law enforcement agencies to initiate criminal proceedings,” he said.

Borysychev clarified that the matter concerns the actual raider takeover of the Selecto Markets company by Marshchivskyy.

The lawyer also noted that, according to information available to Cerezo Gallardo, Marshchivskyy is currently abroad, presumably in the United States.

“Any country that is at war, especially with a nuclear state, is not very attractive for investment. But if you add to this the fact that law enforcement and government agencies cannot protect investors, it can lead to bankruptcy of the state,” he said.

“We want to use the example of this case to prove that justice and law enforcement agencies really work in the country, that it is really possible to invest in our country,” he said.

According to the lawyer, representing the interests of Cerezo Gallardo, he intends to “take other steps to stimulate the investigative authorities in a legal way so that they actually investigate these cases.”

In turn, another co-founder of Selecto Markets, Eugene Zhevagin, said at the press conference that since the start of the full-scale invasion, Cerezo Gallardo “not only did not leave Ukraine, but is actively helping it, supplying humanitarian aid, ambulances, and medicines.”

“He doesn’t just invest money, he helped and is helping everyone who needs it, he believes in Ukraine. We really hope that by making this case public, we will get a positive result,” Zhevagin said.

The Spanish investor contacted the Embassy of the Kingdom of Spain in Ukraine to assist in a fair resolution of the case.

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BUSINESS SHOULD TALK NOT ONLY ABOUT COMPENSATION FOR DAMAGE CAUSED BY AGGRESSOR, BUT ALSO ABOUT COMPENSATION FOR HARM CAUSED – LAWYER

Businesses should talk not only about compensation for the damage caused to them due to the Russian aggression, but also about compensation for all the damage caused, Hennadiy Borysychev, founder of the Konkor law firm, has said.
“Please note that damage is only part of such a concept as harm, in particular, harm caused by Russian aggression. Damage includes not only direct losses, but also additional costs, lost profits, and there is also moral damage. For example, for legal person it is real to prove the existence of moral damage caused, in particular, due to the loss of non-property assets, goodwill and others,” he told Interfax-Ukraine.
The lawyer said that for each of these types of damage there are specific features of recording – the collection of evidence about the existence of the fact of damage and its size. At the same time, it is important to clearly establish all types of damage caused and prove both the very fact of the existence of damage and its size.
“It is important to consider and prove all components of the damage caused in a complex, that is, in interconnection. It is a mistake to break down the recording and assessment of the amount of damage for separate objects of one business that suffered damage, since a business (enterprise) is a property complex, and includes both property, and non-property assets,” he said.
Borysychev drew attention to the fact that when assessing the damage, it is necessary to follow the government resolution No. 326 dated March 20, which sets the procedure for determining the damage and damage caused to Ukraine as a result of the armed aggression of the Russian Federation.
The lawyer said that in the near future it is expected to adopt an appropriate methodology for assessing harm and approving acts for recording it.
In addition, Borysychev pointed out the need for a correct legal qualification of the actions that caused damage, which will affect the prospects for compensation.
“War is not an “event” like a natural disaster or accident, and not a private conflict, as a result of which harm is caused. Harm caused to a business is exactly the type of harm that refers to such grave consequences of war, which in turn entitles a business to receive the status of a victim. That is, the application of such a legal approach allows us to involve the law enforcement agencies of the state in recording the damage. This method of recording the damage when assessing evidence both in Ukraine and in foreign jurisdictions will have certain advantages and allows attracting the state to the side of the victim,” the lawyer said.
Borysychev drew attention to the fact that the problem of compensation for damages caused by Russian aggression is not a common well-established practice for law firms. At the same time, an important point is the lack of a mechanism for enforcing decisions on claims for damages against the Russian Federation.
“This problem is extraordinary and has not yet been solved anywhere in the world, it requires the development of law enforcement practice. Ukrainian courts have positive experience in claims against the Russian Federation, there is positive experience in arbitration, but an important nuance has not yet been taken into account – the mechanism for executing such decisions,” he said.
Borysychev said that earlier the Konkor law firm won the right to the status of a victim due to Russian aggression several years before the start of the second hot stage of the war on February 24.
“Now our solutions and experience in this area have become relevant and unprecedented,” he said.
The lawyer said that among foreign jurisdictions, the most promising for the restoration of the violated rights of war victims are the jurisdictions of the UK, the United States and Canada.
He said that the law firm will focus on the development and implementation of the legal mechanism in Ukrainian courts.
Borysychev said that at present, the current issues are the adoption of a law on compensation for damage to victims of Russian aggression in Ukraine and the creation of a common accessible mechanism for all categories of victims in Ukraine to obtain the status of victims and compensation for damage.

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PUBLIC ACTION GROUP SUGGESTS REPLACING SOME OF TCG NEGOTIATORS IN MINSK

An action group, which consists of human rights activists, journalists, political scientists and other opinion leaders, has stated that it is necessary to replace public representatives in the Trilateral Contact Group (TCG) in Minsk. The action group also said that more effective negotiation platforms could be created if the government does not admit its mistakes.
According to members of the action group, the team of Ukrainian President Volodymyr Zelensky continues sabotaging the Minsk process by creating artificial obstacles for the implementation of his campaign promise to establish peace in Donbas as soon as possible.
Non-transparent appointment of negotiators as representatives of certain districts of Donetsk and Luhansk regions (ORDLO) and obviously secondary dependent people, who do not have enough authority among the internally displaced persons (IDPs), aroused distrust among a major part of the Ukrainian society and absolute non-acceptance among Ukrainian citizens, who live in the non-government controlled territories.
Special attention should be paid to the “background” of the new negotiators which mainly consists of active and intentional actions aimed at deepening the split in the Ukrainian society and discrimination of a part of citizens based on political, territorial and other grounds.
“The negotiations on the settlement of the situation in Donbas will succeed only if people, who are not involved in instigation of war, participate in them,” journalist, representative of NGO Freedom of Speech Center Dmytro Vasylets said.
Doctor of Political Sciences Oleksandr Semchenko said during the press conference that the president’s initiative to include public representatives in the delegation is good. However, the implementation of this initiative by Deputy Prime Minister Oleksiy Reznikov distorted and discredited the idea. The introduced negotiators are guided exclusively by private political interests and will not do any good.
“It is ordinary citizens who have suffered an unprofessional personnel policy of the President’s Office in first turn and became prisoners of the situation. For example, we are witnessing the fact that representatives of the self-proclaimed republics (Luhansk and Donetsk People’s Republics) have been unable to agree with the Ukrainian side on the opening of a checkpoint for a long time explaining this by the epidemiological situation. In fact, the reason is on the surface – a political protest caused by categorical non-acceptance of the public representatives in the Ukrainian delegation,” the leader of the Anti-War movement, Viktoria Shylova, said.
“We demand that the president of Ukraine intervene in the situation as soon as possible. It is not a mistake which matters for the system of any state, as everyone makes mistakes, but the response to this mistake. If the newly appointed people (public representatives) aggravate the crisis in the Minsk talks, such people must be replaced immediately. We are awaiting an adequate response of the Ukrainian authorities and, at the same time, in order to not waste time, we are initiating a range of negotiation platforms at both the national and international levels,” lawyer, human rights activists, Head of the Public Council under the Ministry for Reintegration of the Temporarily Occupied Territories of Ukraine Hennadiy Borysychev.

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INTERFAX-UKRAINE TO HOST PRESS CONFERENCE ‘PUBLIC APPEAL OF PUBLIC COUNCIL UNDER MINISTRY OF TEMPORARILY OCCUPIED TERRITORIES TO SBI, NABU ON BRINGING MINISTER CHERNYSH TO CRIMINAL RESPONSIBILITY’

On Monday, August 12, at 12.30 the press center of the Interfax-Ukraine news agency will host a press conference “Public Appeal of the Public Council under the Ministry of Temporarily Occupied Territories to the SBI, the NABU on bringing Minister of Temporarily Occupied Territories Chernysh to Criminal Responsibility.” Participants: Hennadiy Borysychev, the head of the public council at the Ministry of Temporarily Occupied Territories, the head of the All-Ukrainian Donbas Platform, Yekateryna Kochetkova, the secretary of the public council at the Ministry of Temporarily Occupied Territories, the head of the Union of Donbas IDPs public organization, Artem Zinchenko, the deputy head of the public council at the Ministry of Temporarily Occupied Territories (8/5a Reitarska Street). Additional information by phone: +38 050 755 5575 Hennadiy. Registration of journalists requires press accreditation.

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