RusBankrot
We know everything about bankruptcy
05/12/2025
Friday
THIS DAY IN HISTORY:
5 December 
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
5 December
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
The Supreme Court considered the case on the withdrawal of the debtor's assets to a mirror company
The Supreme Court of Russia has taken up a case involving the so-called mirror companies (No. A56-11260/2023). This practice is well known: the debtor stops working, and its assets and business processes are transferred to a new legal entity with the same profile, but without a debt burden. However, it is still extremely difficult for creditors to prove the deliberate withdrawal of assets and the connection between the organizations.
The story that reached the SCES of the Armed Forces of the Russian Federation began ten years ago. Then entrepreneur Oleg Shikun founded the company TechInnovation. Later, in 2019-2020, the organization concluded contracts for supplies and commissioning, but obligations to counterparties were not fulfilled in terms of payment. Three years ago, the owner of the company turned out to be a company registered in the Seychelles. The management changed several times, and eventually the company stopped working.
In February 2023, a bankruptcy case was filed against the company at the request of StroyAvtoProm. The tax authority and the Sigma-KS supplier company were also among the creditors. The total debt exceeded 76 million rubles.
Sigma-KS, which remains a minority shareholder in the register of creditors, has been active. The company stated that back in 2021, the founder of the business registered a legal entity with a name that completely coincided with the "Technical innovations", the OKVED, and even an e-mail. According to Sigma-KS representatives, this indicates the establishment of a "mirror" structure in order to transfer property and finances to it. The plaintiff also pointed out the defendant's errors in the accounting documents.
The lender sought to involve Oleg Shikun in the subsidiary as the former head and owner of Tech Innovations. However, three judicial instances, which consistently reviewed the litigation, refused to satisfy the claims. The judges stressed that there was no evidence that the businessman had deliberately brought the organization to insolvency. The fact of the withdrawal of property was also not proven. Moreover, it was noted that the entrepreneur repaid part of the debts, and he himself took measures to resolve the situation.
Sigma-KS appealed against the acts of the courts by appealing to the Supreme Court of the Russian Federation. She pointed out that the lower courts had incorrectly distributed the burden of proof. The question of where the assets disappeared to and why the second company was created has not been investigated. After all, on the eve of bankruptcy, the Federal Tax Service provided data that the debtor's property should have been enough to settle accounts with creditors. But for some reason, there was no property at the stage of bankruptcy proceedings.
On September 10, the Russian Armed Forces recognized (https://ras.arbitr.ru/Kad/PdfDocument/b96ab230-53ee-4012-a3ac-153275a6dc6b/a9933370-1c50-46ad-9b7d-b... ) the creditor's arguments are worthy of attention. He pointed out that if there is indirect evidence – the creation of a new company with identical parameters, the absence of property and transactions in the accounts – the duty to refute suspicions should be assigned to the controlling person. The lower courts did not do this, did not find out the reasons for the bankruptcy and did not evaluate the behavior of the former head. As a result, all previously adopted acts were canceled, and the case was sent for a new hearing.
Photo: Freepik
The story that reached the SCES of the Armed Forces of the Russian Federation began ten years ago. Then entrepreneur Oleg Shikun founded the company TechInnovation. Later, in 2019-2020, the organization concluded contracts for supplies and commissioning, but obligations to counterparties were not fulfilled in terms of payment. Three years ago, the owner of the company turned out to be a company registered in the Seychelles. The management changed several times, and eventually the company stopped working.
In February 2023, a bankruptcy case was filed against the company at the request of StroyAvtoProm. The tax authority and the Sigma-KS supplier company were also among the creditors. The total debt exceeded 76 million rubles.
Sigma-KS, which remains a minority shareholder in the register of creditors, has been active. The company stated that back in 2021, the founder of the business registered a legal entity with a name that completely coincided with the "Technical innovations", the OKVED, and even an e-mail. According to Sigma-KS representatives, this indicates the establishment of a "mirror" structure in order to transfer property and finances to it. The plaintiff also pointed out the defendant's errors in the accounting documents.
The lender sought to involve Oleg Shikun in the subsidiary as the former head and owner of Tech Innovations. However, three judicial instances, which consistently reviewed the litigation, refused to satisfy the claims. The judges stressed that there was no evidence that the businessman had deliberately brought the organization to insolvency. The fact of the withdrawal of property was also not proven. Moreover, it was noted that the entrepreneur repaid part of the debts, and he himself took measures to resolve the situation.
Sigma-KS appealed against the acts of the courts by appealing to the Supreme Court of the Russian Federation. She pointed out that the lower courts had incorrectly distributed the burden of proof. The question of where the assets disappeared to and why the second company was created has not been investigated. After all, on the eve of bankruptcy, the Federal Tax Service provided data that the debtor's property should have been enough to settle accounts with creditors. But for some reason, there was no property at the stage of bankruptcy proceedings.
On September 10, the Russian Armed Forces recognized (https://ras.arbitr.ru/Kad/PdfDocument/b96ab230-53ee-4012-a3ac-153275a6dc6b/a9933370-1c50-46ad-9b7d-b... ) the creditor's arguments are worthy of attention. He pointed out that if there is indirect evidence – the creation of a new company with identical parameters, the absence of property and transactions in the accounts – the duty to refute suspicions should be assigned to the controlling person. The lower courts did not do this, did not find out the reasons for the bankruptcy and did not evaluate the behavior of the former head. As a result, all previously adopted acts were canceled, and the case was sent for a new hearing.
Photo: Freepik
15.09.2025
