Sunolta Group sued the Ministry of Justice for gross violation by officials of the company’s rights and facilitation of raiding schemes
The Sunolta group of companies demands in court that the orders of the Ministry of Justice of Ukraine, by which the officials canceled the state registration of the company’s ownership rights to the grain terminal in the Odesa sea trade port, be declared illegal. The company appealed to the Commercial Court of Kyiv with the corresponding claim.
Two orders, based on the conclusion of the so-called Complaints Board, were signed by the Minister of Justice Denys Malyuska and the Director of the Department of Notaries of the Ministry of Justice, Vira Bondarenko. State officials grossly violated the principles of the rule of law, and their actions have all the signs of corruption offenses in favor of the raiders. The stable operation of the grain port terminal was under threat – when during the war, the business tries to export Ukrainian grain with great difficulties and risks.
Taking into account the odiousness of the decision of the Ministry of Justice, the court has already made a decision to prohibit the execution of the orders pending consideration of the merits of the case.
A year ago, the Sunolta group of companies invested in the acquisition of technological capacities for transshipment of grain crops for export in the terminal located in the Odesa Sea Trade Port.
In particular, a part of logistics port facilities and equipment belonging to the GNT Group company (grain terminal “Olympex Coupe International”) and pledged by the Ukrainian banks “Pivdenny” and “Vostok” for debt obligations was purchased.
In December 2022, a public legal dispute broke out between GNT Group and its creditors – Argentem Creek Partners (ACP) and Innovatus Capital Partners. The conflict also concerned the Olympex Coupe International grain terminal. The parties announced possible interruptions in the operation of the grain terminal, which jeopardized the shipment of agricultural products of Sunolta, which used the services of this terminal in the Odesa port.
Therefore, the group decided to invest in a grain terminal and expand export potential at the expense of its own logistics capacities.
Almost a year later, after all possible deadlines had expired, the Ministry of Justice illegally accepted two complaints from ACP representatives to cancel the registration of Sunolta group companies’ rights to the purchased property.
Officials of the Ministry of Justice, completely disregarding the requirements of the laws of Ukraine and the relevant conclusions of the Supreme Court, considered the complaints in favor of the ACP.
First, there is an ongoing trial of a lawsuit by representatives of Argentem (via Madison Pacific Trust Ltd), in which they challenge the banks’ foreclosure of Olympex Coupe International’s assets under mortgage contracts. This is a mortgaged property, charged to pay off debts, and bought by the Sunolta group. And that is why he is a party to the legal process. Thus, the Ministry of Justice, canceling the deeds that are already challenged in court proceedings, replaced Themis with itself. Officials simply had no right to consider these complaints.
Secondly, the decision to revoke Sunolta’s rights to legally acquired property is motivated by the fact that it was under judicial arrest. At the same time, and this is officially recorded, at the time of registration of rights to grain terminals and equipment, there were no additional encumbrances on this property in the State Register (except mortgages in banks).
All these events give reason to assume that the foreign company ACP, with the corrupt assistance of officials of the Ministry of Justice, is trying to raid the property belonging to the Sunolta group.
This version of events is confirmed by a number of other signs.
The Madison company claims in court that banks in 2020 issued mortgage loans to the company “Olympex Coupe International” against the interests of the main creditor – Argentem Creek Partners. Although the materials provided by the parties in the case indicate that the creditor unprincipledly lies to the court. All necessary permits for concluding these mortgage contracts were obtained from ACP.
In addition, the regional head of the ASR Fund, John Patton, recently stated in an interview with the media that “the Ukrainian authorities know about our case and are interested in helping. In particular, I see that there is interest from the Office of the President. We had numerous meetings, during which the heads of the Office expressed their clear support.”
Such a statement may indicate that this fund is using administrative pressure against its opponents. Isn’t this the legally absurd and illegal decision of the Ministry of Justice?
The Sunolta group of companies has been engaged in export and domestic trade, production and provision of logistics services in the agricultural market for more than 25 years. The production and trade range of agricultural products consists of sunflower seeds, wheat, peas, sunflower oil, flour, fuel pellets from sunflower husks, etc. The Sunolta group includes enterprises for the production of oil and flour.
The logistics services of the group are represented by the transportation of bulk and bulk agricultural cargo across Ukraine by road and rail transport. It has its own and leased facilities for storing agricultural products.
