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Judicial precedent: payment of monetary claims of a creditor related to the Russian Federation is not allowed – “Ilyashev and Partners”

Judicial precedent: payment of monetary claims of a creditor related to the Russian Federation is not allowed – “Ilyashev and Partners”

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The Kyiv regional economic court allowed the Ukroboronprom enterprise to default on its debt to the Russians.

The Economic Court of the Kiev Region closed the proceedings regarding the financial claims of a creditor related to the Russian Federation as part of the bankruptcy case of the Open Joint-Stock Company FSK More. This was reported by the press service of the well-known law firm Ilyashev and Partners.

So, on September 12, 2023, the Economic Court of the Kyiv Region closed the proceedings on the claims of the audit company, the real beneficial owner of which is a citizen of the Russian Federation for debt repayment .

JSC FSK More is managed by JSC Ukrainian Defense Industry and is included in the list of enterprises of strategic importance for the economy and state security. The company is in the process of restructuring. The powers of the manager of the reorganization of FSK More are performed by the senior partner of the law firm Ilyashev and Partners”, Honored Lawyer of Ukraine Roman Marchenko.

Despite the loss of shipyard assets due to the temporary occupation of Crimea, during the reorganization procedure, the claims of 1-3 and partially 4 queues included in the register of creditors’ claims has been fully paid, in the total amount of more than 100 million hryvnia.

One of the creditors recognized by the court before the Russian invasion (before 2014) was an auditing company registered in the Autonomous Republic of Crimea. Based on the results of the analysis of the collected evidence, the court found that the real beneficial owner of the specified creditor is a citizen who has currently acquired the citizenship of the Russian Federation.

“In bankruptcy cases of Ukrainian debtors, the first court decisions on the status of creditors related to the Russian Federation are beginning to appear,” commented on the situation at Ilyashev and Partners Law Firm. “Obviously, it is unacceptable to pay the claims of the creditors related to the occupiers at this time, and we are pleased that the court dealt with this situation flawlessly and granted the request to close the proceedings against such creditor.”

Source: korrespondent

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