+1 Kyiv
Proceedings on case №380/809/23 were opened on the suit from Madison Pacific Trust – credit agent acting on behalf of the creditors Argentem Creek Partners (ACP) and Innovatus Capital Partners.
“Proceedings were closed due to the lack of jurisdiction of Administrative Courts over the case in question (the dispute is not of public legal nature). Among other points, The Court clarified that in order to have the dispute settled the plaintiff should apply to Commercial Court that is authorized to adjudicate disputes over corporate relations, and not to Administrative Court,” - reads the press release quoted by RBC-Ukraine.
GNT Group has an opinion that Judge Oleksandra Zhelyk has opened proceedings without proper reasons. The company underlined that it was discovered that the Judge was a former colleague of the lawyers working for Argentem Creek Partners.
“The fact that this kind of lawsuit was not in Administrative Court jurisdiction but in the jurisdiction of Commercial Court, this fact was well known to the legal community (to judges as well as lawyers) since 2020 when the Grand Chamber of the Supreme Court reviewed the case №806/5231/15 (JSC ZHYTOMYRSKI LASOSHCHI case), and decided that such disputes must be considered as the ones arising from corporate relationship. Why has Judge Oleksandra Zhelyk ignored that decision and has not taken it into consideration, and by doing so practically applied measures for ensuring that were favorable for the raiders? The question is obvious and it shows how successfully foreign creditors Argentem Creek Partners and Innovatus Capital Partners use corrupted part of the legal system in Ukraine,” – GNT Group declared in its statement.
