In the third year of a large-scale war unleashed by russia, a company with roots in russia continues to operate in Ukraine. UNN looked into why law enforcement agencies do not see the lurking enemy practically under their noses, as well as what responsibility should be borne by those who cooperate with the Russians.
So, Omega Terminal-Ukraine Ltd. According to the system youcontrol , this company is registered not just anywhere in the capital, but at 28-2a Mykhaila Hrushevskogo Street, that is, in a building near the house of officers, in the same neighborhood where the Verkhovna Rada of Ukraine is located.
According to the same system, the founder of the company is Swiss Omega Terminal S.A.. Perhaps, the information that the Ukrainian company was created by a Swiss company satisfies law enforcers.
However, an inspection of the Swiss firm revealed that it was managed by Mikhail Ipatov, a Russian citizen. According to media reports, he is a member of Russian President Vladimir Putin's inner circle.
It is worth noting that the Ukrainian Omega Terminal-Ukraine is active at the Olympex grain terminal in Odessa Region. In particular, it does business with Attollo Granum, through which Odessa businessmen Serhiy Groza and Volodymyr Naumenko attempted to retain control over this grain terminal. "Attollo Granum is also involved in several criminal proceedings for tax evasion, and is also likely to be actively cooperating with the under-sanctioned smuggler Vadim Alperin.
According to media reports, Ipatov also runs another Swiss company of Groza and Naumenko - GNT Europe SA. This company is not just part of the GNT Group agroholding of Odessa businessmen Sergei Groza and Vladimir Naumenko, it also owns stakes in a number of companies in Ukraine that continue to operate even after the large-scale invasion of russia. Moreover, some are even suspected of gray export of grain.
According to Swiss registers, a person associated with Mikhail Ipatov is Dusan Denić, a Serbian citizen who is also closely associated with Groza and Naumenko's agro-holding GNT Group. Denic was its chief financial officer and probably with his help Groza and Naumenko attempted to "screw over" American creditors. American creditors.
According to media reports, Ipatov has been the managing partner of Algorithmics Central Europe since 2020. Algorithmics (Algoritmika in russia) is a leading russian online programming school.
According to the Swiss registry, Ipatov also opened an Algorithmics school in Geneva, Switzerland in 2022.
Member of the expert council under the Verkhovna Rada Commissioner for Human Rights, lawyer Nadezhda Chukhrayeva in a comment UNN noted that the cooperation of Ukrainian companies with the aggressor country may incur criminal liability under Article 111-1 (collaboration activities) of the Criminal Code of Ukraine.
According to Chukhraeva, part 4 of this article of the CCU states the following: transfer of material resources to the illegal armed or paramilitary formation established in the temporarily occupied territory, and/or armed or paramilitary formation of the aggressor state, and/or conducting economic activities in cooperation with the aggressor state, illegal authorities established in the temporarily occupied territory, including the occupation administration of the aggressor state.
The lawyer noted that this provision sounds rather broad and unspecific. The concept of "interaction" of the Criminal Code is not defined.
At the same time, according to the lawyer, economic activity, according to the Economic Code of Ukraine, includes any delivery of goods, performance of work, provision of services to the occupation authorities or the aggressor state. "If we expand this notion, then economic activity in cooperation with the occupation authorities and the aggressor state can also be considered as payment of any mandatory payments in favor of Russia (taxes, state duty, etc.), passing permit and license procedures in the Russian Federation," Chukhrayeva said.
Additionally, it should be noted that if we are talking about cooperation of a Ukrainian company (i.e. a legal entity) - the question arises who will be responsible for cooperation with Russia and what are the legal consequences for the company itself as a business entity.
According to Chukhraeva, when identifying the facts of economic activity in cooperation with the Russian Federation, it is necessary to determine who exactly acted and made decisions on behalf of the legal entity. It goes without saying that first it is: the manager; a person performing his duties or another person who acted on behalf of the business entity (during negotiations, conclusion and signing of contracts and other agreements). Persons who performed technical functions (i.e. direct employees of companies), depending on their intent, may be accomplices in such a criminal offense and may also be liable. However, their actions may not fall under the signs of the objective side of the offense (implementation of economic activities).
"For the company itself as a business entity in accordance with Articles 96-8, 96-9 of the Criminal Code, in the case of the commission by an authorized person of a legal entity of a criminal offense under Article 111-1 - the court applies liquidation of the legal entity with confiscation of property as types of measures of criminal law nature," - explained the lawyer.
According to her, in addition to possible criminal prosecution, it is also possible to forcibly seize objects of ownership of legal entities (their subdivisions) operating on the territory of Ukraine, in which directly or indirectly Russia, as a state, is a founder, participant, shareholder, beneficiary or in which Russia directly or indirectly has a share in the authorized capital, shares, units or other membership in a legal entity.
Such an exemption shall be made on grounds of public necessity (including cases in which military necessity requires it) and shall be based on the principles of legality, transparency, objectivity, fitness for purpose, strategic importance and effectiveness.
The decision on compulsory seizure of objects of property rights of rf and its residents is adopted by the National Security and Defense Council of Ukraine and enacted by a decree of the President of Ukraine.
Chukhrayeva emphasized that the State Bureau of Investigation should react to the revealed facts of cooperation between Ukrainian companies and Russian companies and open criminal proceedings.