The noose is tightening around Avia Invest, a company controlled behind the scenes by Ilan Șor. The majority shareholder did not escape the seizure of property

Anticoruptie.md
15/10/2022
Sursa: CIJM

The company “Komaksavia Airport Invest”, the majority shareholder of “Avia Invest”, the company that manages the Chisinau International Airport and which is led behind the scenes by the fugitive politician Ilan Șor, is trying to escape the seizure of property imposed by the prosecutors. After two unfavorable decisions in the court of the first instance and the Chisinau Court of Appeal, the Civil, Economical, and Administrative Litigation College of the Supreme Court of Justice found the offshore request from Cyprus to be inadmissible.

On November 16, 2020, "KomaksAvia Airport Invest" filed a summons request asking to cancel the seizure of property applied in August 2019. The court of the first instance and the Court of Appeal rejected the company's action. Later, the offshore lawyer filed an appeal to the Supreme Court of Justice, citing the fact that the seizure of property of "Avia Invest" S.R.L. it would have been made for a possible special confiscation and would have been based on political influence.

On October 5, the Civil, Economical, and Administrative Litigation Board of the Supreme Court of Justice declared the appeal inadmissible.

"The action of cancellation of sequestration filed by third parties is examined in a contentious procedure under the terms of the Code of Civil Procedure. The court decision can not be re-examined. The decision of the Court of Appeal is not subject to appeal, being final and irrevocable from the time of its pronouncement. Therefore, the decision of the Chisinau Court of Appeal of May 3, 2022, cannot be re-examined, because it is final and irrevocable from the time of its pronouncement", the Supreme Court of Justice decision states.

At the beginning of August, the Arbitration Court of the Stockholm Chamber of Commerce (Sweden) rejected the request of the Cyprus offshore company, “Komaksavia Airport Invest” Ltd, the concessionaire of the Chisinau International Airport, against the Republic of Moldova regarding the obligation to comply with the concession contract, otherwise to pay a compensation of 883.7 million euros for the investments made.

"The court ruled that “Komaksavia” did not make any investment in the assets of the Chisinau International Airport. On the contrary, as mentioned, “Komaksavia” was obliged to pay the mentioned expenses to the Republic of Moldova, also saving it from paying 422,500 euro arbitration fees, leaving them to “Komaksavia", announced the Minister of Justice, Sergiu Livtinenco, thanking lawyer Mihai Buruiană for the work done and the obtained result.

At the same time, the Court granted the Republic of Moldova the sum of 216,678 euros as compensation for the expenses incurred in connection with the arbitration proceedings.

The Chisinau Airport concession agreement was signed under non-transparent conditions, on August 30, 2013, between the Public Property Agency and the “Avia Invest” company, founded on August 2, 2013, with a share capital of 85.1 million lei, divided equally between the Russian companies Khabarovski Airport and Kolomenski Zavod.

The team of the Center for Investigative Journalism from Moldova has recently carried out several investigations on the topic of the Chisinau Airport concession, uncovering fraudulent schemes, interests, and procedures.

Anticoruptie.md
15/10/2022




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