State Duma deputy from the Communist Party of the Russian Federation, Alexander Nekrasov, may be brought to subsidiary responsibility together with his wife Elena and top managers who manage the parliamentary development assets. This is achieved by the company “Dom.RF”, which is trying to return 804 million rubles: the amount of Mr. Nekrasov’s structure owed for the lease of land in New Moscow. The total debt of the companies belonging to the “Leader Group” (it is associated in the market with the family of the deputy) to “Dom.RF” exceeded 1 billion rubles.
The fact that the couple Alexander and Elena Nekrasov are brought to subsidiary liability, “Kommersant” learned from the materials of the arbitration court. The meeting in this case was to be held on March 4, but was postponed to March 27. Among the respondents are also Roman Lyabikhov, Mikhail Weissblat, Valery Sokolov, Timofey Stepanenko, Zhumagul Abdiyeva, Elena Zinovyeva, Anna Zadneprovskaya, Maya Piskunova and Tatyana Sokolova. "Dom.RF" asks to bring them to subsidiary liability for the obligations of 804 million rubles. This is the amount of debt owed to the state-owned company Absolute, for the lease of 116.9 hectares of federal lands in Vatutinki in New Moscow. The right to lease the site, where the planned construction of 1 million square meters. m of real estate, this structure received in 2013 at the auction of the RHD Foundation (now included in the “Dom.RF”). Since 2014, “Absolute” stopped making payments for rent, and two years ago, “Dom.RF” filed for bankruptcy of the debtor (see “Kommersant” of February 20, 2017).
At the same time it was reported that "Absolute" - "daughter" of the developer "Leader of Groups", established in St. Petersburg, according to Forbes, the current State Duma deputy from the Communist Party of the Russian Federation Alexander Nekrasov. As of March 1, 2019, at the construction stage, the “Leader Group” has 727 thousand square meters. meters of housing - this is the 15th place in the list of the largest developers of Russia, compiled by the Unified Register of Developers. After being elected to parliament in 2011, Mr. Nekrasov set up a business for his spouse Elena. In April 2017, two months after the bankruptcy of the Leader’s subsidiary, Roman Lyabikhov, who was the group’s general director at the time, told Vedomosti that the business was divided. The Moscow projects were transferred to Mr. Lyabikhov and the Atlant Group was created on their basis, while the St. Petersburg sites of the Leader were left behind the Nekrasov family.
But the bankruptcy trustee Yevgeny Zhuikov does not believe in this story. “An analysis of the construction and judicial documentation showed that after the declaration of the division of assets between Atlant and GC Leader Group in 2017, the interaction of the companies did not stop,” he said “to Kommersant.” - In particular, Elena Nekrasova until December 18 In 2018 was the one hundred percent owner of LLC "Azure" - the developer LCD "Lobnya City". And in the summer of 2018, the current owner of Atlanta, Roman Lyabikhov, became the general director of Azimut LLC, owned by Elena Nekrasova. ” The House of the Russian Federation also informed “Kommersant” that, according to their information, the debtor was managed by the consolidated group through 28 legal entities that are the beneficiaries of the Leader Group. Among them - Roman Lyabikhov, Elena Nekrasova, Valery Sokolov, and the main beneficiary of the entire group of companies is Alexander Nekrasov. Therefore, all these individuals and seven other top managers of the Leader Group structures are brought to subsidiary liability.
Alexander Nekrasov did not respond to the query "b". Contact with Roman Lyabikhov, as well as with other top managers, failed. The press service of the Leader Group reported that Absolute LLC is not a member of the Civil Code, and members of the Nekrasov family have never occupied leadership positions in this company and did not control its activities.
In “Dom.RF” they added that the bankruptcy case of Titan LLC (rented 79 hectares from the RHD Foundation in Sestroretsk, Leningrad Region), which is controlled by the same group of persons, is interconnected with the “Absolute”. The debt of “Titan” for the lease of land to “Dom.RF” is about 400 million rubles.
Even if the owners and top managers of the company have changed, they can be brought to secondary liability for three years, explains Anton Krasnikov, a partner at Sotheby's law firm. But in this case, the plaintiff will have to prove that the actions or inaction of Mr. Nekrasov or other persons brought to secondary liability could lead to the bankruptcy of the company, adds NAFCO partner Pavel Ikkert. In his opinion, the “Leader of the Group” property division can be challenged: “Now in such situations, judicial practice is in favor of the managers”.