The Federal Property Management Agency returned DOSAAF buildings to the state

The central office of the regional DOSAAF in Perm, privatized by the Federal Property Management Agency in 2008, returned to state ownership. This week, Rosreestr registered with the territorial administration the ownership of a complex of buildings, for which a struggle had previously flared up between DOSAAF in the Perm Territory and the buyer, the capital's Versa LLC. Now the federal department will have to decide who will own the buildings. DOSAAF hopes that the buildings will be returned to the public organization. Meanwhile, Versa LLC intends to continue the fight for the objects.

As Kommersant learned, on November 13, the department of the Federal Service for State Registration and Cartography for the Perm Territory registered the Russian Federation's ownership of real estate located in Perm at the address: Topolevy Lane, 8, st. Sovetskaya/Topolevy Lane, 63/6; built-in premises on the street. Sovetskaya, 63. Organizations of the regional DOSAAF are still located in these facilities. The territorial directorate of the Federal Property Management Agency in the Perm Territory applied for the transfer of ownership of this property. As the head of the territorial administration, Galina Postanogova, explained to Kommersant, in October 2012, the Seventeenth Court of Appeal made a decision to return the property to federal ownership. “It's logical. The court decided to return the property, and we fulfilled our obligation to return the buildings to state ownership. The central office is aware of our actions and must determine which organization these buildings will be assigned to,” explained Ms. Postanogova.

Let us recall that back in 2009 a scandal broke out around the building of the regional DOSAAF. The rights to these areas were claimed by Versa LLC, registered in Moscow on the street. Egor Abakumov, 1. The LLC appealed to the court with a demand to declare that the club occupies the building in Topolevy Lane illegally, and asked the court to oblige the defendant to vacate it.

The complex of buildings in Topolevoy Lane, now an architectural monument, was transferred to OSOAVIAKHIM in 1927, which was later reorganized into the all-Union public organization DOSAAF. Until 2005, the buildings were municipal property. In 2005, they were unilaterally included in federal property. In 2006, the owner of the buildings became the Federal State Unitary Enterprise "Federal Logistics Center", which was later corporatized. In 2007, ownership was registered in Alliance-1 LLC. On December 19, 2008, the property was sold to Azimut Group LLC, which in 2009 resold it to Versa LLC.

On October 8, 2012, the Seventeenth Court of Appeal of the Perm Territory made an unprecedented decision in this case. The court invalidated the order of the territorial administration of the Federal Agency for Federal Property Management for the city of Moscow dated December 29, 2006 “On the conditions for the privatization of the Federal State Unitary Enterprise “Federal Logistics Center”” regarding the composition of the property complex subject to privatization. Namely, buildings at the following addresses: Topolevy Lane, 8, st. Sovetskaya/Topolevy Lane, 63/6; built-in premises on the street. Sovetskaya, 63. The court assigned the responsibility to return this property to federal ownership to Versa LLC. According to the case materials, the court came to the conclusion “that the owner of the property committed contradictory actions that violated the rights and legally protected interests of the plaintiff.”

It is worth noting that the territorial administration of the Federal Property Management Agency in Moscow planned to appeal this decision to the cassation court. However, according to the arbitration court file, the Federal Logistics Center OJSC filed a cassation appeal. The court hearing is scheduled for January 15, 2013. Yesterday Kommersant was unable to obtain an immediate comment from the territorial administration of the Federal Property Management Agency in Moscow.

Versa LLC does not intend to give up the fight for the objects. As Kommersant managed to find out, the company tried to prevent the registration of ownership of the objects and sent a letter to the head of the Rosreestr department for the Perm Territory. In its appeal, the LLC indicated that, according to the court decision, the obligation to return the property was assigned by the court to Versa, which at that time was the title owner of the property, and not to the territorial administration of the Federal Property Management Agency. In addition, in its statement, the company notes that the trial in this case has not yet been completed and the case will be considered in the cassation court. Representatives of Versa also believe that the judicial act of the appellate instance is in fact unenforceable, since in its decision the court did not resolve the issue of the return of funds paid to Versa LLC under the purchase and sale agreement for the disputed property.

Chairman of the regional branch of the Perm region DOSAAF of Russia Oleg Saliychuk believes that, despite the registration of ownership, the struggle for the object is not over yet. He notes that there are still many legal proceedings ahead, and hopes that the Federal Property Management Agency will subsequently assign the buildings to a public organization.

Irina Pelyavina

Property Promotion Society