The Russian Theater cannot receive compensation from the tenant

Disputes between the Russian Theater and the former tenant of its basement continue unabated. The company Fookus-K should compensate him for the legal costs incurred during the trials, approximately 70,000 euros, the theater believes and is trying to achieve this in court. However, the defendant is delaying the procedure.

  • The lawsuit at the Russian Theater dragged on. Photo: Postman/Scanpix

The court hearing scheduled for last Thursday in the case of the Russian Theater against businessman Platon Tinn, also known as the owner of the Tallinn clubs DejaVu and Teater, was postponed, which means that the institution is still waiting for an answer to the question of whether it will receive the money and how soon .

The problems of the Russian Theater go back to 1990, when, in a desperate attempt to find financing, its directors leased 806 square meters of basement space to Fookus-K for 99 years. Since then, the situation has changed significantly, and in 2021 the theater wanted to take over the premises. “The agreement was concluded on very bad terms,” explained then theater director Margus Allikmaa. “According to the agreement, it is almost impossible to increase the rent.”

The Harju County Court upheld the complaint of the Russian Theatre, ordering Fookus-K to vacate the premises. However, in the same 2021, Fookus-K demanded compensation in the amount of about 17 million euros, since the theater had the opportunity to re-lease these spaces at a higher price and make money on it. A new trial began, and the Russian Theater emerged victorious, which the court freed from the threat of millions in payments. However, the theater then decided to recoup the legal costs.

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The Russian Theater wants to receive thousands of euros in compensation for legal expenses.

The theater wants to sue Fookus-K for 69.5 thousand euros in compensation plus a penalty of 2,160 euros. The defendant is Platon Tinn, a board member and former board member of Fookus-K, who resigned from the board in January 2024.

The basements of the Russian Theater, where there once were dances and a casino. Photo by: Alexey Shishkin

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  • The basements of the Russian Theater, where there once were dances and a casino. Photo by: Alexey Shishkin

“According to the law, a member of the board is responsible for violations in office for another five years,” explains a representative of the Russian Theater.

The company itself, judging by the case materials, insists that it has nothing to pay. Fookus-K claims that it transferred all of its tangible property to the theater because it consisted of the furnishings of the leased premises. The company estimated its value at 167,726 euros. On this basis, she reports 0 euros in the “asset value” column in the annual reports. However, as the court notes, “an unsigned act and photographs cannot serve as evidence that things were left” to the Russian Theater. The veracity of Fookus-K’s annual financial statements was thereby called into question.

The company had many debtors, but it itself was in debt to others for a long time, says a representative of the theater. Now she has virtually no assets. After Tinn, Kalev Nergi, who had criminal conviction for murder. Judging by the Commercial Register, Fookus-K belongs to the company Salerno Ehitus OÜ – a “dummy” with zero own assets and not reflecting any activities in the reports. It, in turn, belongs to construction businessman Alexei Chernukho, who, however, denies any connection with the company.

“I don’t know, I won’t even tell you, honestly, who it belongs to. I know that I sold it and got it notarized. My wife and I went. My background is completely different; I work in construction, so I don’t even know what’s going on there. It’s just that maybe my email was left there and that’s all. But I don’t, I don’t know who, what, how, how much,” Chernukho told a Far Eastern correspondent.

The next hearing, scheduled for November 14, was canceled by the court due to unforeseen circumstances that arose for a representative of one of the parties. The date of the next hearing has not been determined; Platon Tinn himself refused to give DV comments before the court hearing took place.

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Source: www.dv.ee