HACCU partially satisfies the claim of the Ministry of Justice to forfeit russian assets to the state

On October 29, 2024, the High Anti-Corruption Court decided to partially satisfy the claim of the Ministry of Justice of Ukraine against Lukyanenko V.V., Lukyanenko V.M., Tsoi G.O., HMS Group JSC, with the participation of third parties who do not make independent claims regarding the subject matter of the dispute, for the application of a sanction in the form of asset forfeiture to the state.

The High Anti-Corruption Court applied the sanction of asset forfeiture to Lukyanenko V.V., Tsoi G.O., JSC HMS Group and forfeited to the state the corporate rights of 15 Ukrainian enterprises indirectly owned by Lukyanenko V.V., as well as those in respect of which Lukyanenko V.V., through Lukyanenko V.M., may perform actions identical in content to the exercise of the right of disposal, including: JSC “Sumy Plant of Pumping and Power Engineering ‘Nasosenergomash’ (90.6065%), JSC ‘Sumy Machine-Building Research and Production Association’ (83.9112%), JSC ‘Sumy Machine-Building Research and Production Association - Engineering’ (100%), LLC ‘Kusum Pharm’ (50%), etc. Also, the court seized an apartment in Sumy and a smooth-bore rifle belonging to V. Lukyanenko.

During the trial, Mr. Lukyanenko, bypassing the sanctions, in order to prevent the full recovery of assets owned by Repenio Holding Limited, Cyprus (which is the bulk of assets in Ukraine), donated a part of the shares of Repenio Holding Limited to a foreign charitable foundation.

At the same time, the court refused to apply the sanction of asset forfeiture to Volodymyr Lukyanenko and to recover his movable and immovable property, as well as 100% of the authorized capital of LLC “Hotel Complex ‘Yubileinyi’, owned by V. Grek, and minor shares (less than 1%) in related companies owned by A. Grek, in relation to which Lukyanenko V.V. and Lukyanenko V.M. perform actions identical to the exercise of the right of disposal.

In this part, the HACCU court decision will be appealed by the Ministry of Justice of Ukraine to the Appeals Chamber of the High Anti-Corruption Court.

JSC HMS Group is a diversified holding company engaged in the development and production of pumping, compressor and modular equipment for various industries: oil and gas, pipeline transportation, nuclear and thermal power. The companies of the HMS Group significantly contribute to the armed aggression of the russian federation against Ukraine by supplying products to the enterprises of the military-industrial complex of the aggressor country and paying taxes in significant amounts.

Source: Ministry of Justice of Ukraine