Polonsky's former Kutuzovskaya Milya ceases to be unfinished project
FCSR CJSC must fulfill the obligations on transfer the apartments to citizens until March 2019.
Apartment complex Kvartal Triumfalny (the former Kutuzovskaya Milya) is expunged from the list of Moscow problem-plagued construction objects, the press service of Moskomstroyinvest reports.
It is noted that the obligation to the interest-holders for the transfer of apartments will be fulfilled by FCSR CJSC.
Construction of Kvartal Triumfalny was conducted on the basis of an investment contract with FCSR CJSC, but actually it was co-investor Avanta LLC that erected the object and attracted money from citizens. Moskomstroyinvest notes that Avanta attracted funds relying on gray schemes, concluding preliminary contracts for sale. In addition, the company did not have the functions of the developer under the law on shared construction.
In June this year Avanta LLC was declared bankrupt. Now the bankruptcy proceedings are open against the company. In the framework of the decision of the Arbitration Court for the bankruptcy of Avanta LLC, FCSR CJSC was included in the register of creditors' claims instead of citizens.
FCSR CJSC has concluded partnership agreements with 103 co-investors of Kutuzovskaya Milya. Moskomstroyinvest preliminarily developed the procedure and conditions for undertaking obligations for the transfer of apartments. All contracts are registered with Rosreestr and insured.
FCSR CJSC has a building permit valid until the end of 2018. In general, the developer must complete the obligation to transfer flats to the citizens by March 2019. Construction works are underway at the object", the press service cites the words of Deputy Chairman of Moskomstroyinvest Alexander Goncharov.
Kvartal Triumfalny is located in district Fili-Davydkovo in the Western Administrative District of Moscow Kremenchugskaya St., estate 11-17. The total area of the territory is 61 hectares. The project consists of 12 buildings, nine of which together with three kindergartens have already been put into operation. Commissioning of building No. 18 is scheduled for the fourth quarter of 2018.
The investment contract with the Moscow government for the construction of the complex was signed in 2001. Originally it was implemented by FСSR together with Avanta, the structure of the Mirax Group ща Sergei Polonsky. In 2008, the construction of the object was frozen. In September 2016, the project returned to the primary market under the new name – Kvartal Triumfalny.
It was reported that at the end of January this year Kvartal Triumfalny was expunged from the register of defrauded co-investors.
S. Polonsky was accused of two episodes of Swindling on a large scale, committed by an organized group (Part 4 of Art. 159 of the Criminal Code). According to the investigation's inference, from 2008 to 2009, the businessman, together with the members of the board of directors Alexei Adikayev, Dmitry Lutsenko and Maxim Temnikov, with the complicity of ex-head of the financial department of Mirax Group Alexander Paperno and former CEO of Avanta LLC Alexei Pronyakin stole more than 2.6 billion rubles ($43.7 m) from participants in the shared construction of Kutuzovskaya Milya and Rublevskaya Riviera.
The prosecution asked to sentence S. Polonsky to eight years of imprisonment. On July 12 the Presnensky Court of Moscow found the businessman guilty and sentenced him to five years of imprisonment. At the same time, the court re-qualified the indictment for swindling in the sphere of entrepreneurial activity, and the businessman was released from custody in the courtroom in connection with the expiration of the statute of limitations.
For the same reason, the court discharged A. Paperno and A. Pronyakin. They were sentenced to three and two years' imprisonment respectively.
The prosecutor's office appealed against the verdict against S. Polonsky and his accomplices.