Sergey Mishchenko
MP Serhiy Mishchenko may be involved in organizing a planned corporate raid on the Boryspil Community Services Center (CSC) using rulings from the Kyiv Regional Commercial Court. This was stated by Valeriy Gordiyenko, co-owner of the CSC (OOO Boryspilpobutservis).
According to him, on September 18, the Kyiv Regional Commercial Court will hear a lawsuit filed by the Boryspil Interdistrict Prosecutor of the Kyiv Region, acting in the interests of the Boryspil District Council, against several individuals, including Gordiyenko himself as a co-owner of the Consumer Services Center, seeking recognition of his ownership of a building in the city center with an area of over 2000 square meters. "The Consumer Services Center was privatized in 1996. Then, under an exchange agreement, I acquired some of the premises. In 2010, the prosecutor's office challenged both the privatization process itself and the exchange agreement. Behind these lawsuits stood Vladislav Baichas, then head of the Boryspil District Council and godfather of Serhiy Mishchenko, a member of the Verkhovna Rada Committee on Justice.
We won at all levels, but a year later, our opponents began filing similar requests for a review of the decision based on newly discovered circumstances. "The Boryspil District Security Service of Ukraine (SBU) opened criminal cases against me and intimidated me into giving up the building," said V. Gordiyenko.
In 2015, when the case was reinstated, in order to legally continue the proceedings in the commercial court, the plaintiffs changed the defendant from Mr. Gordienko to Mr. Gordienko, an individual entrepreneur who has no connection to the House of Services building. According to Mr. Gordienko, Mishchenko and Baichas, who have an extensive business network in Boryspil and the Boryspil district, plan to build the largest shopping mall in the district on the grounds of the House of Services building.
"As of today, the building has been reclaimed from me as the owner, without a final court decision, and transferred to the balance sheet of the ZUBR municipal enterprise, headed by Baychas's fellow Party of Regions member, Serhiy Ocheretko. Vladislav Braychas has already been purged and no longer holds a position in Boryspil, but he still hasn't vacated his office on the district council, continuing to manage everyone, even the new chairman of the Boryspil district council," notes V. Gordiyenko.
He also added that, according to his information, Sergei Mishchenko, through the head of the Kyiv Regional Commercial Court, is exerting pressure on the judges who will hear the case on September 18.
"The judges are being asked to make a patently unjust decision to transfer ownership rights to the territorial community of villages in the Boryspil district, even though the building will in fact be managed by the ZUBR municipal enterprise," the entrepreneur says.
A special feature of the consideration of case No. 19/028-10/13 in the Kyiv Regional Commercial Court is the fact that Judge Savanchuk is about to complete her five-year term, after which she must prepare documents for a lifetime tenure as a judge. According to Gordiyenko, this could impact the court's final decision, as the submission of the required documents requires the approval of the head of the court.
"In previous hearings, the prosecutor repeatedly amended the claims based on the judge's suggestions. Furthermore, the judge grants all motions from the prosecutor and the plaintiff, ignoring my requests. District council lawyers constantly run into the court chairperson's office, in full view of the defendants' representatives, expressing their wishes regarding the merits of the case, which is captured by CCTV cameras inside the building," he concluded.
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