The Kyiv District Administrative Court sided with Vitalii Marchenko, the legal general director of Odesa Terminal LLC Olimpex Coupe International. Marchenko continues to defend his rights in court and fights against the company Argentem Creek Partners, which is trying to raid the assets of the Ukrainian-holding GNT Group.
This became known from media reports, which write about the adoption of a decision by which the court suspended the illegal order of the Ministry of Justice of Ukraine No. 929/5 dated 03/10/2023, Glavred writes.
In addition, according to the court's decision, the Ministry of Justice of Ukraine, the Anti-Raiding Office, and all state registration bodies were prohibited from carrying out registration actions regarding the implementation of the specified illegal order No. 929/5 dated 10.03.2023.
Earlier, Madison Pacific Trust Ltd (loan agent Argentem Creek Partners) dismissed Vitalii Marchenko from the position of general director in violation of the Corporate Agreement concluded between LLC Olimpex Coupe International, Madison Pacific Trust Ltd, and GNT TRADE DMCC. Ihor Kulak, a lawyer from Hillmont Partners, was appointed in his place, who has neither specialized education nor any experience to manage a strategically important stevedoring enterprise.
The GNT Group calls the dismissal of Vitalii Marchenko, who is a professional in his domain and has considerable experience in managing the relevant enterprises, direct proof that creditors are trying to carry out a raider seizure of LLC Olimpex Coupe International, and they are not concerned about the risk of stopping the operation of this enterprise.
After these events, Vitalii Marchenko managed to get a decision in his favor: on February 14, 2023, the Western Commercial Court of Appeal completely suspended the illegal decision of the general meeting held by creditors, at which Vitalii Marchenko was "dismissed".
After these decisions, the Ministry of Justice intervened - Minister's Order No. 929/5 dated March 10, 2023, which prevents the implementation of the decision of the Western Commercial Court of Appeal.
This was a gross violation of the Constitution of Ukraine, which speaks of the binding nature of court decisions. Accordingly, the Kyiv District Administrative Court ensured the rule of law in the case and prevented Argentem Creek Partners from using an "administrative resource" in the form of influencing the Ministry of Justice and Minister Malyusyka.
Recalled that the media have already repeatedly reported that the creditors who are carrying out raider seizure of GNT Group's assets have hired Hillmont Partners lawyers, who have significant connections in the Ukrainian authorities, so they can attract "administrative resources" in the interests of their clients.
In addition, journalists wrote about David Arahamia's alleged involvement in the attempt by Argentem Creek Partners to seize the Odesa grain terminal of Olimpex Coupe International LLC.
HUBs investigators drew attention to the fact that in November 2022, the Chairman of the Supervisory Board of UkraineInvest and People's Deputy Davyd Arahamiya met with representatives of Argentem Creek Partners in Vienna. The fact of the meeting was confirmed by the head of the "Servant of the People" faction in a comment for "Ukrainian Pravda".
Shortly after the meeting with Davyd Arahamia, creditors began an aggressive foreclosure against GNT Group, which the Holding described as an attempt to raid the seizure of assets.
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