Polonsky changes the status of victims in their favor
The investigation of the businessman Sergey Polonsky introduced himself and the attorneys with the conclusion that the key construction and technical expertise, which became the basis for accusations of fraud in the construction in Moscow of the hull of a luxury residential complex “Kutuzovskaya mile”. The experts found that the structures Polonsky at 734 million rubles have only the fifth part of this project, and the object is not consistent with the original draft. The investigation concluded that under the businessman’s control of the company made the investors money, but their commitment was not fulfilled. Defenders Polonsky did not agree with the findings of the experts and say that the situation around the building “Kutuzov mile” was different.
The investigation into the case of Sergei Polonsky has already completed, now he and his lawyers acquainted with the case materials. As suggested by the Investigative Department (SD) Ministry of internal Affairs, representatives of “Mirax-Group” headed Polonsky gathered with citizens-co-investors 5.7 billion rubles for the construction of residential complex “Kutuzov mile” and then some of them stole. The damage on the case is estimated to be 2.4 billion rubles. Key episode — the construction of building # 18.
Recently, investigators have provided Polonsky and his lawyers conclusion the main construction and technical expertise. Experts have answered 10 questions of investigators about the cost and availability of three buildings, “Kutuzov mile” — No. 2АБВ, No. 13, No. 14 and No. 18.
First of all, the investigators were interested in how much money from 2008 and 2010 (the period of the alleged misappropriation of funds) was spent on building materials and the construction of the housing 18. The experts found that on January 8, 2010, expenses amounted to 734,9 million.
The investigation also asked the experts to calculate the cost of 1 sq m of apartments in the same building. According to experts, it is 16.9 thousand rubles.
The experts found that the construction of the casing is not in line with the original project.
— During the construction of the housing 18 has been amended, which did not exist in the project documentation, — reported experts. — During the field inspection, analysing of project documentation and the study of the case materials it was found that the erected part of the structure does not conform to the approved project.
Experts explained that we are talking about an increase in the thickness of floor slabs, adding height, changing the height of the socle and technical floors, as well as about the changing position of internal load-bearing structures, starting from the sixth floor and above. All changes, according to experts, “affecting the reliability and safety of the facility and its operational suitability.”
Finally, the experts found that the degree of readiness of construction of the housing at 28 September 2011 was only 17.8 percent.
On this basis, the investigators concluded that controlled by Polonsky patterns have not fulfilled their obligations.
Defender Sergei Polonsky Slavik broan with the conclusions of the experts do not agree and believes that they underestimated the degree of readiness of the object. In addition, in his opinion, such examination results can say that patterns Polonsky not only fulfilled all obligations, but even exceeded them.
— Obligations to the citizens-investors accounted for no more than 28 thousand sq .m, however, by the time of “Mirax-Group” was removed from the project, she managed to build more than 40 thousand square meters, — said the lawyer. — The main reason that the project is not implemented to the end, were the actions of the developer CJSC “FCSR”, which, taking advantage of the difficulties caused by the global financial crisis of 2008, unilaterally terminated the investment agreement with “Mirax-Group”. As a result of “Mirax Group” has lost a legal basis to continue the construction and failed through the courts to regain rights and permissions.
After the civil litigation between the company Polonsky “AVANTA” (attracted funds from investors) and FCSR was the decision of Arbitration court of Moscow from September 7, 2015, which approved a settlement agreement. According to him, FCSR assumed the obligation to provide flats to the victims.
The lawyer recalled that the citizens that have invested in the construction of residential complex, it is legally correct to not name the shareholders and investors. This, in turn, changes their legal status: the state provides much more protection mechanisms of the rights of co-investorsthan investors. The fact that investments are considered as financial activities associated with high risk.