Nikolay Kovalenko hid from creditors and police in Italy

The property of the head of the Krasnoyarsk construction company "Restoration" will be put up for auction.
The property of the owner of the Krasnoyarsk construction company "Restoration" Nikolai Kovalenko will be sold at auction. The court declared it bankrupt and introduced a sale procedure for its assets. The fact that the debtor, accused of fraud in the amount of 2 billion rubles, is under arrest in Italy, will not interfere with settlements with creditors, lawyers say, but his extradition may be in question. At the same time, the Fund for the Protection of the Rights of Interest Holders decided that it would be impractical to complete the construction of Restoration houses, it would be easier and cheaper to pay compensation to equity holders in the total amount of 2.8 billion rubles.

The owner of the Krasnoyarsk construction company Restavratsiya LLC, the honorary builder of Russia Nikolay Kovalenko was declared bankrupt. In relation to him, the arbitration court of the Krasnoyarsk Territory introduced a procedure for the sale of property. Mr. Kovalenko is obliged to transfer to the financial manager all his bank cards, and then ensure the transfer of material and other values ​​to him. The application for declaring Nikolai Kovalenko bankrupt was filed by Taatta Bank (Sakha (Yakutia)) because of a debt of 65.5 million rubles.

Mr. Kovalenko was a guarantor of loans of IC "Restoration", in which he owns 100% of the authorized capital. To secure obligations to the bank, he pledged his property, in particular a three-story garden house and a land plot under it in the Krasnoyarsk Territory. The financial manager of Nikolai Kovalenko, Alexander Maximov, did not answer the questions of Kommersant.

The construction company "Restoration" was created in the 90s. According to the Unified Register of Developers, in 2017, Restoration occupied the third place in the region in terms of the volume of housing commissioned; in 2018 and 2019, the company did not commission the housing. Last year, the company's revenue amounted to 376 million rubles. (in 2017 - 1.3 billion rubles.), Loss - 449.3 million rubles. against 1 million rubles. profit a year earlier, long-term and short-term liabilities - about 4.3 billion rubles.

IC Restoration was declared bankrupt in December 2018. The corresponding application was filed with the arbitration court by the Motion Technology company because of a debt of about 320 thousand rubles. Then the debtor himself entered the case, asking to declare himself bankrupt due to the fact that he was in a difficult economic situation.

“Restoration” implemented two large projects in Krasnoyarsk: Festival Microdistrict and the Edelweiss Next residential complex. However, ten houses by the developer were unfinished. According to the Ministry of Construction of the Krasnoyarsk Territory, about 1.6 thousand people were recognized as affected. The amount of damage exceeded 2 billion rubles. The fund for the protection of the rights of interest holders decided that it was not advisable to complete the restoration at home because of the “large number of deformations of structures and defects in materials and construction work”. More than 1.4 thousand interest holders of a construction company signed up for compensation for unfinished apartments. According to the regional Ministry of Construction, Dom.RF Bank will start accepting their applications from December 10. The amount aimed at paying compensation will amount to 2.8 billion rubles.

A criminal case was instituted against Nikolai Kovalenko - he is accused of fraud with the funds of interest holders (part 4 of article 159 of the Criminal Code of the Russian Federation), abuse of authority (part 2 of article 201 of the Criminal Code of the Russian Federation), raising money from citizens in violation of the requirements of the legislation on shared construction (Art. 200.3 of the Criminal Code). Investigators believe that the company erected houses without having issued permits. Even before the initiation of the criminal case, Mr. Kovalenko left the country and since March 2019 was on the Interpol wanted lists.

However, already in May, the Krasnoyarsk Territory Ministry of Internal Affairs reported that Nikolay Kovalenko had been detained in Italy at the extradition request of the Russian authorities and placed under house arrest. The Ministry of Internal Affairs then said that extradition could take about four months. As specified by the police, Nikolai Kovalenko is still in Italy. In the framework of the criminal case, law enforcement officers arrested the property of Mr. Kovalenko and his family members to compensate for the damage to the victims, also arrested the businessman’s villa in Italy and unfinished real estate for a total amount of about 1 billion rubles. According to the program "News. Call center ”, the villa is located in the resort area of ​​Forte dei Marmi.

It is unlikely that the arrest and forthcoming extradition of Nikolay Kovalenko will affect the timing of the procedure for the sale of his property, since the citizen does not independently participate in this, says Dmitry Kletochkin, a partner at Rustam Kurmaev & Partners. The property that the manager himself will find will be included in the bankruptcy estate of Mr. Kovalenko, the expert notes.

As a general rule, from the moment a restructuring is introduced, previously imposed arrests on a citizen’s property and other restrictions on the disposition of his property are lifted, says Anton Krasnikov, partner at Sotheby’s Law Firm. The same rule applies in the procedure for the sale of property of the debtor, he notes. “However, the norms of the Law on Bankruptcy regarding the removal of all arrests on the property of a debtor are often not taken into account by the investigating authorities, which believe that this requirement does not apply to arrests imposed in criminal cases,” Anton Krasnikov believes.

Lawyers say that Russia and Italy do not have an extradition agreement. However, other forms of cooperation between the ministries of justice of these countries have been established, says Anton Krasnikov: “The Russian and Italian MIA are closely cooperating with each other, all issues of extradition are decided by the heads of the two departments. But an analysis of practice shows that not all extradition requests are granted by Italy. ” The existence of grounds for extradition will be established by an Italian court after receiving a request from the Prosecutor General of the Russian Federation.