RBC Bank, which owns the property rights to the Lybid hotel complex, has accused businessman Mstislav Skorobogatov and his associates who control the complex of allowing the hotel to fall into disrepair. This was reported in a statement by the bank's press service.
According to the results of monitoring conducted by the bank's inventory committee, the hotel is grossly violating fire and sanitary safety regulations, and the urgent need for repairs to several technical and residential areas and utility systems is being ignored. The committee also reported complaints from hotel guests suspecting the existence of an organized prostitution ring and the sale of psychotropic substances within the hotel.
"This is a deliberate stance by the so-called hotel administration," notes RVS Bank attorney Alexander Kravchenko. "The people who are forcibly holding onto the Lybid understand they have no legal basis for doing so, and sooner or later they'll have to leave. Therefore, they're trying to squeeze as much out of the hotel and the situation as possible. We regret to admit that as long as the hotel remains under the control of Skorobogatov's men, we cannot guarantee guests a safe and comfortable stay. This is due both to the condition of the building itself and its maintenance, as well as to the downright criminal contingent the administration has installed to protect the building from the owner."
According to the press service of RBC Bank, the financial institution will continue to insist on the implementation of its legal rights and intends to gain access to its own property in accordance with the established legal procedure.
It is noted that RVS Bank previously stated that companies associated with businessman Mstislav Skorobogatov were refusing to fulfill their $28 million loan obligations. According to the bank, the borrowers are illegally holding onto the collateral—the Lybid hotel complex in Kyiv, a property title recognized by court order in RVS Bank's name. Men in camouflage uniforms, as well as several dozen "athlete titushki," are preventing bank representatives from entering the hotel complex to conduct an inventory of the property, the bank's press service stated.
"Mstislav Skorobogatov himself, against whom the Shevchenko District Department of the Main Directorate of the Ministry of Internal Affairs of Kyiv has opened criminal proceedings under Article 190 of the Criminal Code of Ukraine on suspicion of embezzlement on an especially large scale, is located outside of Ukraine," the statement reads.
It is also noted that in 2006, a $16 million credit line was opened for Lybid Hotel Complex OJSC and Volny Veter LLC, whose ultimate beneficial owner is Mstislav Skorobogatov. TAS-Investbank CJSC acted as the lender. The parties also entered into a mortgage agreement, according to which the Lybid Hotel Complex building served as collateral. Since 2010, the borrowers have been in default on the loan. Swedbank OJSC, the legal successor to TAS-Investbank OJSC, filed a lawsuit demanding the recovery of the mortgaged property through public auction. By a decision of the Kyiv Commercial Court dated March 4, 2011, Swedbank's claims were satisfied, the press service noted. However, officials of Lybid Hotel Complex OJSC and Volny Veter LLC failed to comply with the court ruling. Funds under the loan agreements were not repaid. In 2014, Omega Bank OJSC, the legal successor to Swedbank OJSC, filed a lawsuit seeking foreclosure on the mortgaged property by recognizing the bank's ownership of the Lybid Hotel building.
By a decision of the Kyiv Commercial Court dated October 28, 2014, the claims of Omega Bank OJSC were upheld. This decision was upheld by all higher courts. Officials of the Lybid Hotel Complex OJSC also failed to comply with this decision and did not transfer the hotel premises to the bank, the press service added.
PAO Transition Bank RVS BANK was created on the basis of the insolvent PAO OMEGA BANK. By way of succession, pursuant to the deed of transfer of rights to assets dated July 3, 2015, RVS Bank assumed the right to claim under the loan agreement with OAO Hotel Complex Lybid and all security agreements thereunder. The court decision recognizing ownership of the Lybid Hotel building applies to PAO Transition Bank RVS BANK, as the legal successor to OAO OMEGA BANK, the statement reads.
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