Chyzh Moves Out Assets: He Owns Only One House

Yapryntsau has filed another lawsuit against his ex-partner.

On Tuesday, the Tsentralny District Court of Minsk started considering Uladzimir Yapryntsau's lawsuit against the former Traipl co-owner, Yury Chyzh, tut.by reports.

As in the previous lawsuit, already satisfied by the court, the money for the sold shares of the logistics company Askarhatserminal is in question. The sale of shares in the company owned by Uladzimir Yapryntsau (60%) and Sviatlana Chyzh (40%), Yury Chyzh's wife, was made on August 11, 2015, the day Yapryntsau was detained. Yapryntsau's account received several payments, totaling just over $100,000 in equivalent (219,200 redenominated rubles). At the time the money was credited to the account, he was already in the pre-trial detention center, and, according to previously reported information, all property and accounts were seized. But the money was withdrawn.

Traipl accountant Eleanora Leukina, who had a power of attorney for operations with the account from both Yapryntsau and Chyzh, confirmed in court that the money from Yapryntsau's account had been withdrawn in cash by order of Yury Chyzh and transferred to him – about $86 thousand and $45 thousand in August and September 2015. The account owner himself had not given her such instructions. She had transferred three more times the sums of $40 thousand to the account of the legal entity.

According to Yury Chyzh's explanations, which he gave during the inspection conducted by the Department of Internal Affairs of Partyzanski district of Minsk, he transferred the funds from the account of Yapryntsau Senior to the creditors of Yapryntsau's son, Russian businessmen Iosif Aksentiev and Mikhail Mamiashvili.

Last December, the court granted Yapryntsau's claim for part of the amount, Br1960. Taking into account the state duty and compensation of legal expenses, Chyzh was supposed to pay 3208 rubles to Yapryntsau (Yapryntsau's attorney noted that the enforcement proceedings had been initiated – full execution had not been carried out). The court decided to reclaim the materials of the civil case on recovering part of the sum from Chyzh in favor of Yapryntsau.

The current lawsuit is filed for the remaining amount – 217.3 thousand rubles.

The plaintiff believes that the defendant knew about the unjustified enrichment from the very beginning and, accordingly, calculated the amount of interest to be collected from the day following the write-off of the funds from the current account. The amount of interest for the use of somebody else's money is 57.1 thousand rubles.

The claim draws attention to the fact that numerous negotiations, including those held as part of the trial, have not yielded positive results. At the same time, it became known that Yury Chyzh had taken measures aimed at withdrawing his assets. In particular, at the time of filing the lawsuit, only one object belonged to Chyzh on the basis of the ownership right: a one-apartment residential building in the village of Lahozhask (not including the shares in Traipl).

"We believe that there are sufficient grounds to assume that failure to take measures to secure the claim may make it difficult or impossible to execute the decision of the Tsentralny District Court of Minsk on this case, which, in turn, may cause significant damage to the plaintiff," the claim says.

The plaintiff asked the court to take into account that there was no other information about the presence of any other property, at the expense of which the claims of Uladzimir Yapryntsau in this case could have been satisfied.

The court took measures to secure the claim and imposed an arrest within the limits of the claim price on the property belonging to the defendant.

Chyzh's representative refused to sign the settlement.

We remind that the current lawsuit is not the only one between the ex-partners. The Economic Court of Minsk is considering Yapryntsau's lawsuit against Aksentsiyeu on recognizing the contract of sale of his share in Traipl as non-concluded. According to experts' estimates, Yapryntsau's share in Traipl was about $50 million and exceeded the amount of his debt.