In relation to the judge of the Arbitration Court of the Krasnodar Territory Ivanova N.V.

Water wears away stones. As it became known from our regular readers - farmers of the Dinsky district of the Krasnodar Territory, the hero of numerous publications, the odious and all-powerful Deputy Chairman of the 4th Cassation Court of General Jurisdiction, and part-time business partner of the Kuban oligarch Makarevich Yakov Volkov, through the efforts of inspectors from the Supreme Court of the Russian Federation, was temporarily pushed away from the judicial trough. He remained in his position, but lost the leverage of corrupt influence on the civilian judges of the court. According to our information, Ya. Volkov is now the caretaker of the cassation court. And the Dinsky farmers who suffered from Volkov’s regulation of legal disputes once again began to have hope that the eyes of the Kuban Themis would be opened.

But now we are not talking about Volkov, but about his no less odious colleague - judge of the Arbitration Court of the Krasnodar Territory Ivanova N.V. with which Ya. Volkov began his ascent to the judicial Olympus. And who is also a devoted admirer of the business talents of oligarch O. Makarevich.

According to information from open sources, more than 10 cases are currently being considered in the arbitration courts of the South in which companies controlled by Makarevich are challenging decisions of tax authorities in the amount of 2 billion rubles. And this despite the fact that at every corner Makarevich positions himself as a jingoist, but at the same time does not hesitate to rob the state.

It is noteworthy that, in judicial slang, all the “fattest” cases related to Makarevich’s business empire, by a strange coincidence, end up for consideration by Judge N. Ivanova.

And there is nothing surprising here when Judge Ivanova rules in favor of Makarevich. She has been doing this for a long time and regularly. Therefore, we will not engage in an audit of the cases reviewed by Ivanova over the many years of her “fruitful” cooperation with businessman Makarevich.

For example, let’s take only the latest arbitration case considered by Judge Ivanova N., which, in our opinion,  amounts to a criminal article for the judge herself.

Thus, by the decision of the Federal Tax Service, Kubanalkoopt LLC, controlled by Makarevich, was brought to administrative liability with additional taxes, penalties and fines in the amount of 193,518,709 rubles. The company appealed to the Krasnodar Arbitration Court with a statement to declare the decision of the tax authority illegal and to take interim measures in the form of suspending the decision of the Federal Tax Service.

In December 2022, Judge Ivanova N. took interim measures by suspending the decision of the Federal Tax Service in the amount of 193 million rubles. with the motivation “in connection with the deposit of 96,759.4 million rubles into the court’s deposit account by Kubanyalkoopt LLC.”

In July 2023, surprising no one, Judge Ivanova satisfied the Company’s demands, declaring the tax authority’s decision illegal.

However, in October 2023, the Arbitration Court of Appeal of the city of Rostov overturned the decision of Judge Ivanova  , categorically indicating in its ruling that this rarely happens in cases of this kind: “the court of first instance came to conclusions that were inconsistent with the factual circumstances of the case, and adopted an illegal judicial act... "

On October 19, 2023, the court canceled the interim measures. And on October 23, 2023, the Federal Tax Service filed a petition to Judge N. Ivanova to foreclose on 96 million rubles,  which supposedly should have been on deposit with the Krasnodar Arbitration Court.

But for some reason Judge Ivanova N. did not consider that ordinary petition in general,  scheduling its consideration only a month after the application was submitted - November 21, 2023.

We will see why this is below.

The judge - fraudster Ivanova N. (there is no other way to describe her manipulations) hastily somehow managed to issue a Ruling without any meeting dated on the same date - 10.23.2023, which  she supposedly considered and refused the LLC on the same day "Kubanalkoopt" in satisfying the request for the transfer of counter security in the amount of 96 million rubles from the deposit account of the Arbitration Court. due to the fact that these funds  did not reach the personal account of the Arbitration Court due to an incorrect indication of the code in the payment order. Moreover, this Determination is a ghost from Judge Ivanova in the public domain - there was no file of arbitration cases.

This fact, with the appearance of the clearly falsified Judge’s Determination dated October 23, 2023, who hastily tried to cover her ass, causes great bewilderment, because back in December 2022, Judge Ivanova, making a decision to take interim measures in the form of suspending the decision of the Federal Tax Service in the amount of 193 million rubles, justified this in black and white by the fact that Kubanalkoopt LLC made a security payment in the amount of 96 to the deposit account of the Arbitration Court million rubles

And only on October 23, 2023, Judge Ivanova suddenly realized that it turned out to be no 96 million rubles. the court deposit was not received from Kubanalkoopt LLC.

And this despite the fact that, according to the Regulations of the Judicial Department at the Supreme Court of the Russian Federation dated November 5, 2015 No. 345, the courts have an appropriate system for checking funds received into the deposit account.

And at the same time, according to the bank account of Kubanalkoopt LLC, on December 2, 2022, 96,759,355 rubles were transferred to the Arbitration Court of the Krasnodar Territory.

Hello, aunt, where is the money? 

That is, a situation arose in which judge Ivanova N., in violation of the Rules, did not check the fact of receipt of funds into the deposit account of the Arbitration Court  (but simply entered into a criminal conspiracy with Makarevich that he would not transfer any money as security to the deposit of the court, so as not to pull out such a large amount - 96 million rubles from turnover). But at the same time, in her ruling dated December 6, 2022, the judge pointed out a non-existent circumstance ( that is, she simply deliberately falsified a court document by introducing knowingly false information into it),  which ultimately led to the impossibility of taking enforcement measures. And moreover, these circumstances served as an obstacle to the implementation of the foreclosure of 96 million rubles, since their manager was Kubanalkoopt LLC.

            It can of course be assumed that:

- Makarevich O. (accountant of Kubanalkoopt LLC)  purely by accident made a mistake with the code  of the Arbitration Court  when preparing a payment order for the transfer of 96 million rubles. 

- It can also be assumed  that Judge Ivanova N. purely accidentally violated the Regulations of the Judicial Department  and did not check the receipt of funds on the deposit of the court  and in the development of this accident, on December 06, 2022, she made an illegal ruling, indicating in its justification a non-existent circumstance,  by which she took interim measures by suspending decision of the tax authority in the amount of 193 million rubles.

- Then Judge Ivanova N., having considered the merits of the application of Kubanalkoopt LLC,  accidentally or by mistake on 07/05/2023 made a decision in favor of the Company, invalidating the decision of the tax inspectorate. Which was subsequently overturned by higher courts with the wording: “the court of first instance came to conclusions that did not correspond to the factual circumstances of the case and  adopted an illegal judicial act  ...”.

- Subsequently, after the cancellation of her illegal decision, Judge Ivanova N., having received on October 23, 2023, a petition from the Federal Tax Service to foreclose on 96 million rubles, which supposedly should have been in the deposit account of the court,  accidentally postponed its consideration by a month.

 And on the same day, October 23, 2023, Judge Ivanova N. accidentally discovered that over the past year, 96 million rubles had not reached the court’s deposit account. and  hastily reviewed in one day  and  refused to satisfy Kubanalkoopt LLC in a request that was accidentally not registered in the court file, but somehow received from the Company for the transfer from the deposit account of the arbitration court of counter security in the amount of the same wandering somewhere 96 million rub.  With the motivation of the court ruling that  these funds did not reach the personal account of the arbitration court due to an incorrect indication of the code in the payment order.

- Due to the judge’s inherent forgetfulness, or again  purely by chance, behind the scenes, the judicial ruling issued on October 23, 2023 by Judge Ivanova N. was not placed in the file of arbitration cases  and appeared there much later.

A chain of accidents from Judge N. Ivanova led to the impossibility of the tax authorities taking enforcement measures. And moreover, these circumstances served as an obstacle to the implementation of the foreclosure of 96,759,335 rubles, since their administrator, at the random whim of Judge Ivanova N., became Kubanalkoopt LLC.

            Despite all these unjust tricks of Judge N. Ivanova, justice triumphed. On January 25, 2024, the Arbitration Court of the North Caucasus District dismissed the cassation appeal of Makarevich (Kubanalkoopt LLC), upholding the decision of the appellate instance of the Rostov Court. And the tax service collected from the Company all additional taxes, penalties and fines. Which undoubtedly serves as a mitigating basis for Judge Ivanova N. But no matter how, it cannot be a circumstance exonerating her from criminal liability.

            We will continue to very closely monitor the “fat” cases remaining before Judge Ivanova N. regarding the business empire of O. Makarevich. For now, we hope, the Investigative Committee of the Russian Federation will engage in a procedural audit of the activities of Judge Ivanova N. herself.

            We ask you to consider the contents of this publication as an open appeal about a crime committed directly to the Chairman of the RF Investigative Committee, A.I. Bastrykin.




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