“Danilovskaya Manufactory” and other real estate may be recovered from Alexander Klyachin in favor of the state
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The owner of the Azimut hotel chain and the development company KR Properties, Alexander Klyachin, continues to fight for his real estate assets, which are under threat of seizure in favor of the state in a complex case of tax arrears. So far, the court has removed interim measures from such assets as Azimut and the Metropol Hotel, but, according to Kommersant’s sources, the Danilovskaya Manufactory business district in the south of Moscow, as well as construction projects for several business centers, can still be recovered. Mr. Klyachin’s lawyers are trying to stop this process in the cassation court. The fate of the assets will depend on the extent to which the court considers Mr. Klyachin’s structures related to the Rus-Oil company, which is the main defendant in the tax arrears case, and takes into account the interests of third parties involved in Mr. Klyachin’s numerous projects.
As Alexander Klyachin’s representative told Kommersant, his lawyers filed a cassation appeal against the decision of the lower courts to recover a number of the businessman’s assets through a claim by the Prosecutor General’s Office in favor of the state. In addition, a petition was sent to suspend the circulation of these assets until the end of the consideration of the dispute in cassation.
This process began in the spring of 2023, when the court began to consider a claim filed earlier by the Prosecutor General’s Office for tax arrears of 192 billion rubles. from Rus-Oil, which is associated with the former owner of Yugra Bank Alexey Khotin.
Alexander Klyachin was brought in as one of the co-defendants in this case. Then his representative stated that the businessman had never been a co-owner of the Rus-Oil structures. The chain of ownership of this company is difficult to analyze, since at different times it included over 70 legal entities.
In April 2023, the Zamoskvoretsky District Court nevertheless imposed interim measures on some of the assets of Alexander Klyachin. Then the Vedomosti newspaper, citing its sources familiar with the case materials, named among such property a number of legal entities of the Azimut hotel chain, the Okhotny Ryad Management Company (on its balance sheet is the Metropol Hotel near the Kremlin), structures implementing development projects KR Properties in Moscow. In May, the claim of the Prosecutor General’s Office was satisfied, to which an appeal was filed.
And in October 2023, the Moscow City Court revised the decision of the first instance, since, according to the businessman’s representative, “the Prosecutor General’s Office abandoned part of the claims.” Kommersant was unable to find the reasoning for the trial in the public domain. According to representative Alexander Klyachin, the decision of the Moscow City Court made it possible to exclude some of Mr. Klyachin’s companies from the list of assets subject to conversion into state income. We are talking about the Azimut hotel business, the Metropol Hotel, a chain of resorts created on the basis of the former RZD-Zdorovye boarding houses, as well as projects for the development of resort areas in Sheregesh, Teriberka and the Elbrus region, included in the national tourism development program. “These are mainly assets where the interests of third parties are affected,” he says.
However, Mr. Klyachin has not yet been able to defend all the assets that fell under foreclosure, which prompted the filing of a cassation appeal and a petition to suspend the circulation of these assets. For example, according to a Kommersant source, the list of assets subject to seizure may include the Danilovskaya Manufactory business cluster in the south of Moscow, a business center on Vernadsky Avenue, a project for the construction of an office center on Leningradsky Avenue and a mansion on Smolensky Boulevard, 4. Most of this property is encumbered with loans, Kommersant’s source in the real estate market knows.
Considering the complexity of the dispute and the significant amount of claims, managing partner of the law firm ProLex Konstantin Lushnikov does not rule out that the petition of Alexander Klyachin’s structures may be satisfied in cassation.
In his opinion, the outcome of the case will depend on how much the corporate ownership structure of Rus-Oil is disclosed and whether the fact of the businessman’s participation in the company is proven. The expert does not exclude the possibility of concluding a settlement agreement between the parties.
If the cassation does not satisfy the petition of Alexander Klyachin, then it is possible to foreclose on the assets within the amount of the claims, notes Polina Pavlova, a partner in the legal group Grishin, Pavlova and Partners. But even in this case, according to her, the defendant has the right to ask for a delay or installment plan in the execution of judicial acts.
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