Source: www.rucriminal.info
The VChK-OGPU Telegram channel and Rucriminal.info found out how the company that owns the Krasnodar stadium and Galitsky Park, with the support of the courts, is implementing a scheme for illegal VAT refunds.
The Krasnodar stadium and Krasnodar Park of billionaire Sergei Galitsky are a place of attraction for residents and guests of the Kuban capital. Thousands of people daily visit the park, shops, cafes and restaurants adjacent to the home arena of one of the leaders of Russian football.
The stadium and park belong to Investstroy LLC, the owner of 100% of the shares of which is the former owner of the Magnit retail chain Sergei Galitsky.
In 2021-2022, Investstroy LLC acted as a buyer of planting material (large trees and shrubs) for the sixth stage of the park - the Japanese Garden. The project curator was the vice-president of FC Krasnodar, Aslan Shkhachemukov, known for his connections in the judicial community of Kuban.
The supply of plants for the Japanese Garden on 430 Euro trucks was carried out by Status LLC, known for its successful work at Olympic venues, the Sochi themed Park and the Formula 1 track in Sochi.
As a result of the supply, Investstroy LLC owed Status LLC about 420 thousand euros according to the latest specification of the contract. Investstroy LLC evaded pre-trial settlement. For this reason, Status LLC applied to the Arbitration Court of the Krasnodar Territory in January 2023. Judge Levchenko O.S. was appointed to resolve the dispute. In court, Investstroy LLC admitted that it had paid an advance payment of 80% of the cost of the last specification (the same amount as for the previous specifications), received and planted 71,001 units of planting material of proper quality on the territory of Krasnodar Park, and received shipping documents for it.
At the same time, in justification of its evasion of payment of the debt, Investstroy LLC tells the court completely fantastic stories that it did not order the planting material; Status LLC delivered it without permission, without the consent of the buyer; does not admit the fact of signing the last specification; does not agree with the price of the delivered planting material. The fact of planting plants on the territory of the Japanese Garden, the price of which it does not agree with, is explained by the alleged saving of plants from death. Investstroy LLC does not explain why it needs to save the plants, because plants with a closed root system are perfectly stored before being sold in garden centers for months, and sometimes years. In connection with the insinuations of S. Galitsky's subordinates, every visitor to the Japanese Garden in the Krasnodar Park - the largest Japanese garden outside of Japan - should know that the plants in the garden were placed there treacherously, against the will of the owner who was proud of the garden, and were not planted according to the design of Japanese architects, but only with the aim of saving them from destruction.
In court, Investstroy LLC filed a counterclaim against Status LLC for the recovery of 399 thousand euros, which it substantiated with an independently made calculation of the cost of the plants.
The court, which treats Investstroy LLC with emphasized piety, represented by Judge Levchenko O.S., decided to appoint a forensic examination of the market value of the plants delivered according to the latest specification. The court-appointed expert appraiser from BSK Audit LLC, Olga Kot, apparently also delighted with the beauty of the Krasnodar Park, ignoring the requirements of Federal Law No. 135-FZ "On appraisal activities in the Russian Federation" and the instructions of the Federal appraisal standards, based on falsified and inadmissible evidence, incidentally also provided by Investstroy LLC, simply rewriting the calculation they had made themselves into the examination, without using any public market data in the report, estimates the market value of the plants at 170 million rubles instead of 289 million rubles indicated in the shipping documents, reducing it by more than 40%. The editorial board has a confirmation letter from the customs authority stating that only the cost of the goods from the latest specification, transportation costs to the border of the EAEU, customs duties, import duty, VAT paid upon import of goods into the customs territory amounted to more than 251 million rubles. Consequently, the sales price of 289 million rubles indicated in the shipping documents of Status LLC is adequate, and the price calculated by Kot O.S. is frankly extortionate.
The Arbitration Court of Krasnodar Krai, having rejected all petitions, ignoring the review of the expert opinion of Kot O.S., which revealed multiple violations of the law during the examination, provided in the case materials; the appraisal report and notarial examination, confirming the value of the plants declared by Status LLC, based on the conclusions of the expert Kot O.S., makes a decision to recover more than 30 million rubles from Status LLC.
The 15th Arbitration Court of Appeal (judge-reporter Mashtakova E.A.) left the decision unchanged without examining it.
In connection with the entry into force of the decision of the Arbitration Court of Krasnodar Krai, Status LLC must adjust the invoices for goods from the latest specification, indicating the proceeds from sales instead of 289 million rubles - the proceeds determined by the expert Kot O.S. at 171 million rubles, and submit an amended VAT tax return with the amount to be reimbursed from the Russian Federation budget in the amount of 20 million rubles, calculated as the difference between the VAT accrued according to the declarations (48 million rubles) and the VAT according to the expert's calculations (28 million rubles).
Consequently, 30 million rubles were collected from Status LLC in favor of Investstroy LLC, of which 20 million rubles were from the federal budget.
Thus, not wanting to pay the bills, Investstroy LLC, led by Aslan Shkhachemukov, came up with and implemented a scheme according to which, with the help of the false conclusion of the expert Kot O.S., with the support of the courts, it acted as a beneficiary of an illegal reimbursement from the budget of value added tax in an especially large amount.
Law enforcement agencies are conducting an investigation into the facts.
A cassation court hearing is scheduled for April 1, 2025, so the intrigue remains as to whether Krasnodar Themis will continue to indulge Aslan Shkhachemukov's commercial interests or will sort things out and make a decision based on the law.
Yuri Prokov
To be continued
Source: www.rucriminal.info
