Judge L.V. Zhugan of the Malinovsky District Court of Odessa, by her ruling on securing the claim, removed the director from the position of director of GLAVSTROY PLUS LLC, while appointing another person as acting director and ordered the state registrar of the Registration Service of the city justice department to make the appropriate changes to the Unified State Register of Legal Entities and Individual Entrepreneurs (read more - https://verhovenstvo.com/view/8171 ).
Such a method of protecting and securing a claim as the removal of the director of an LLC and the appointment of a new one is not provided for by law at all.
The adoption of this type of decision, in principle, is not the competence of the court, but the exclusive competence of the founders of the enterprise, that is, the owner of the legal entity.
Judge L.V. Zhugan also grossly violated the law's requirements regarding jurisdiction. This dispute is essentially a corporate one and falls under the jurisdiction of the commercial court.
Thus, Judge L.V. Zhugan should have refused to open proceedings and not accepted the claim for consideration.
Based on the aforementioned ruling by Judge L.V. Zhugan, a hostile takeover of GLAVSTROY PLUS LLC's assets, valued at over UAH 7,000,000, was carried out, followed by its subsequent sale. This made further business operations impossible, and, as a result, the enterprise was liquidated.
The appellate court overturned this ruling, confirming the illegality of the ruling, but it is now virtually impossible to recover the property. This indicates a pre-planned corporate raid, in which Judge L.V. Zhugan plays a key role.
The Rule of Law NGO appealed to the High Council of Justice and the High Qualification Commission of Judges of Ukraine with demands to dismiss the judge for violating his oath.
A complaint was also filed with the Odessa Regional Prosecutor's Office demanding that the judge be held criminally liable for making a knowingly unjust decision. However, the prosecutor's office refused to enter the data into the Unified State Register of Pre-Trial Investigations due to a lack of grounds, despite the fact that, according to the Criminal Procedure Code of Ukraine, all data that may indicate a crime must be entered into the Unified State Register.
These circumstances indicate the prosecutor's office's reluctance to conduct investigations into judges, ignoring the fact that the illegality of Judge L.V. Zhugan's decision was confirmed by the decision of the Odessa Regional Court of Appeal.
Given the prosecutor's office's inaction on this matter, the Rule of Law NGO filed a petition with the court demanding that the prosecutor's office enter the data into the Unified State Register of Pre-Trial Investigations and conduct an investigation. However, the court dismissed the petition.
Despite the fact that law enforcement and judicial authorities are doing everything they can to avoid holding the judge accountable, the Rule of Law NGO has successfully persuaded the High Qualification Commission of Judges of Ukraine to initiate an investigation into the judge's actions.
The Rule of Law NGO calls on all entrepreneurs who have experienced corporate raids or arbitrary judicial action to report such incidents to verhovenstvo@gmail.com.
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