Rural judge and raider Konstantin Ponomarev defeated IKEA

The Russian legislation is helpless against the court of Krasnaya village, Smolensk Oblast. 
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Authoritative businessman Konstantin Ponomarev started his career as an assistant odious head of the investment fund Hermitage Capital Management William Browder, who helped create the scheme of tax evasion. However, time reoriented, and the trial of Sergei Magnitsky has testified against his former boss. The pinnacle of a career Ponomarev was the delivery of generators for the IKEA Company, for which the trade network had to pay an amount comparable with annual revenues in Russia. Then the entrepreneur with the help of the Savings Bank has created an interesting mechanism to keep money from himself (from IKEA otsuzhennye funds were transferred to the safekeeping of the pocket), which allowed the use of interest from capital without paying taxes on profits. Not so long ago the name IKEA enemy has emerged in connection with the black-out in the Crimea: the businessman sued the company "Kubanenergo" for allegedly taken from his rental diesel generators. Now the plaintiff Ponomarev again took up their old victims. At this time suffering IKEA is robbed by a Provincial Court, which accepts standard solutions in favor of Konstantin Ponomarev.

Krasninskoe court arrested the Smolensk region 9.3 billion rubles on accounts of the Russian representation of corporation IKEA ( «IKEA MOS» Ltd.). Thus, he satisfied the requirements Ponomarev on imposing interim measures. According to RBC, the entrepreneur is trying to recover 9.3 billion rubles from the company "IKEA Mos". The court also banned the inspectorate №13 in the Moscow region to make the Unified State Register of Legal Entities, any records related to the reorganization of the company, including the merger or acquisition.

«IKEA Group of companies do not agree with the definition Krasninsky Court, believe it to be unfounded, illegal and have challenged its", - reported the press service of the company. This action opponents IKEA representative described "as the use of illegal schemes to obtain money from the company."

"Konstantin Ponomarev artificially introduced into the process of an individual Alexei Tan'ko to postpone consideration of the case in the village of Red, and to revisit the circumstances, which has already given its assessment of the Supreme Arbitration Court. Alex Tan'ko declared itself as a guarantor of IKEA business, though the company has never had any relationship with him, "- said the representative of IKEA in the courts. According to him, thus Ponomariov once again trying to implement a scheme in which IKEA means "immediately deduced from Russia to offshore" as soon as the trial court decides in favor of the businessman.

These fears are confirmed lawyer in corporate law and bankruptcy Igor Mamaev. According to him, such a scheme "has nothing to do with law" and is designed to to delay the process. While the case will transfer to another court, and that in turn will make a decision, all the money, which is trying to return the IKEA, will be withdrawn from the country, Mamaev explains.

Ponomarev war with IKEA for a decade. In 2006-2010, the parties were in dispute over the rental of power generators for hypermarkets in St. Petersburg. Businessman accused the Swedish company that it has ceased to pay for their rent since July 2008. In 2010, the parties signed a settlement agreement, and the structure Ponomarev got from IKEA 25 billion rubles. But then the businessman asked to pay an additional 33 billion rubles. After a series of hearings, the Supreme Arbitration Court of Russia decided that all decisions of the lower courts which rejected the claim to the structures Ponomareva "IKEA Mos", not subject to revision. However, in August 2016 the businessman has filed a new lawsuit, but the court decided to collect Krasninskoe with IKEA 507 million rubles. In October, the decision confirmed the Smolensk Regional Court.

Rights of claim on this amount Ponomarev immediately conceded the company one-day company "Alpha". This company is registered oktyabrya2016 5 years, its sole owner is established in the BVI offshore "Kapaaleks Consulting Co., Ltd.", and the General Director - Anastasia Pavlova. She is in the courts the interests of Ponomarev. Now the dispute between the two companies - OOO "IKEA MOS" LLC and "Alpha" - will be considered a court of general jurisdiction in the village of Red, and not arbitration.

Creating "hidden" guarantor by manipulating the text of the treaty is not something new for the Russian justice system, says a lawyer Oleg Sukhov. This scheme allows you to transfer disputes between the companies of the arbitral tribunal in the court of general jurisdiction, and although the Supreme Court is actively fighting this practice, its indications are still often not enforced.

However, the court may satisfy Krasninskoe statement on the imposition of interim measures in connection with the actions of IKEA itself. July 25 the company sent several thousand of his tenants a letter about the beginning of "reorganization" procedure, stating that the funds in favor of the "IKEA Mos" must now be transferred to the account of the newly created company "IKEA Senters Opereyshn Rus". Krasninskoe court could consider that as a result of reorganization of the company is trying to get away from the enforcement of the judgment in the future.

The court in the village of Red Smolensk region, as well as a local judge Irina Tsutskova not the first time serve the commercial interests of Ponomarev. As previously reported, this is the judge allowed the employer not to pay a record amount of 4.5 billion rubles of taxes from 25 billion received for the pre-trial agreement from IKEA. July 21 this year, the same Tsutskova demanded "Kubanenergo" return Ponomarev 71 mobile diesel generator allegedly rented from him and sent to the Crimea at the time of an energy blockade. Oddly proven energy that have no relation to the generators, nor the Crimea, or to Ponomarev, Tsutskova remained adamant - to return, and in the next 5 months.

In late August Tsutskova again ruled in favor of Ponomarev, this time punishing ruble IKEA. The judge ordered the company to pay his friend "a penalty in connection with nevykupom diesel generators of more than 507 million rubles." Those most ponomarёvskih generators, from which the IKEA, seemingly finally strayed June 11, 2014, when the Supreme Arbitration Court - the final court for commercial disputes - rejected the company Konstantin Ponomarev in meeting the requirements. But the judge Tsutskova, it turns out, turned out to be even higher than even the supreme arbitration.