The government and prosecutor's office of Sevastopol are trying to sue several thousand citizens of 280 hectares of land and evict them to nowhere

Members of the six Sevastopol summer and housing cooperatives applied to the editorial office of Novaya Gazeta. They talked about receiving claims from the city government and the prosecutor's office. Officials ask city courts to deprive people of ownership of their land plots and return land to Sevastopol. Justification: “Under Ukraine”, according to plaintiffs, lands were allocated by the city administration and the city council with a violation of the then legislation. At least 30 existing city cooperatives, as well as Crimeans who bought the lands of those summer and housing partnerships that closed after the “Russian Spring”, received similar requirements.

The documentary of Ivan Zhilin about the land conflict of the authorities and residents of Sevastopol, see here.

The total area of ​​disputed lands is almost 280 hectares. Given the average cost of one hundred in Sevastopol, $ 3000 “The price of the issue” is 5.04 billion rubles. No compensations are offered to citizens.

From scratch

- In Perm we had a big house. Sold it. We sold business: I am a forestry processing plant, my wife is a wholesale trade. They added more money and bought land here, - George Solovye leads me along a low gray fence, behind which a two -story incomplete of stone is visible. - 7.5 million <rubles> invested. We thought we would live by the sea. And in the end, they say to me: they demolish everything - and start your life from scratch.

The story of the George family is one of those that even his comrades in misfortune say: "beyond the line." The Perm entrepreneur and his wife and a seven -year -old son were forced to move to Sevastopol: doctors diagnosed Little Lavrenty health problems.

- Doctors said: “The perfect climate in Crimea. The child will be good. "

On December 3, 2015, the family bought 10 acres of land in the Sevastopol district of Omega. The seller was a citizen of Ukraine Tatyana Gavrilyuk. The amount of the transaction is 960,000 rubles. On December 11, the wife of George Rosa received a certificate of land ownership.

In August of this year, the rose was summoned to the Gagarinsky district court of Sevastopol and awarded a lawsuit from the city government "On the demand of the land from illegal possession, on the demolition of unauthorized construction and the liberation of an unauthorized land plot."

"Gavrilyuk T.A. ( Seller. - I. Zh. ) did not have the right to alienate the land, - said in the lawsuit. -by the ruling of the Sevastopol City Court in case No. 33-2476/2015, Gavrilyuk T.A. on the land plot. The court established the illegality of the possession of Gavrilyuk T.A. The disputed site, since it was transferred to the property on the basis of illegal orders of the Sevastopol city state administration ( the so -called government of the city in Ukraine. - I. Zh. **) ”.

What is motivated by a statement on the illegality of the decision of the Sevastopol City State Public Administration, the lawsuit is not said. In the office of the City Court of Sevastopol, I was not allowed to get acquainted with the ruling in case No. 33-2476/2015, since the newspaper’s editors are not a party to this trial. They are not such a side, by the way, and George with a rose.

Finding a definition was possible in unofficial sources. If you believe the information received, the illegality of the decision of the Ukrainian Sevastopol Administration is motivated by a certain decision of the Commercial Court of Kyiv of February 26, 2013. The number of the case on which the decision was made is not indicated. In the Civil Court itself, the correspondent of Novaya said that judicial acts could not exist in principle without reference to the number of the case.

-If the city government says that Gavrilyuk was allocated illegally, then why not a single controlling body told us about this either at the conclusion of a notarized contract of sale, or when registering property rights. Why did the management of state registration of law and Cadastre Sevastopol, which is also the structure of the city government, without question issued us a certificate of land ownership? - asks George Nightingale. - That is, at first the Government of Sevastopol issued us documents where everything is fine, the encumbrances of law were not registered, etc. We began to build, plan the future. And now the same government requires giving a land plot and demolishing the house at its own expense, without compensation or providing other land.

The case of George and Rosa is not the only one in the Omega Bay. Under Ukraine, the housing and construction cooperative "Megastroy" was formed here, which was allocated for 30 families of 3 hectares of land. Now they also receive claims about the seizure of land.

Not hoping to win the city of the city in city courts, the townspeople wrote a letter to Vladimir Putin. “None of us in one way or another violated the laws and did not commit unlawful actions,” the letter says. - The acquired ownership right, a document that passed the audit and registration was evidence. The Russians-Siberians, northerners, the Far East, having lived their work in difficult climatic conditions, allowed themselves an inadmissible luxury-to buy and build houses by the sea. Now, without compensation, they seize the earth. There is not a single law that defended us and our private property. ”

"We will throw a coin, who will burn himself"

The village of Dergachi is a one -story “sleeping bag” a few kilometers from the main city massif of Sevastopol. To the city center, from here 20 minutes by public transport.

“We measured our plot and our house,” says Elena Chernysh, a resident of Dergachi. - In March 2013, we bought this site for 53,000 hryvnias. They received a Ukrainian certificate of ownership, began to build.

In July 2016, Elena came to the Balaklava District Court. The Government of Sevastopol filed a lawsuit demanding that the land plot of the Chernysh family “out of illegal possession” In addition to Elena, the defendant in the lawsuit was listed and the citizen of Ukraine, Arthur Pashanin, who sold her.

“<...> The Government of Sevastopol believes that the decision of the Sevastopol City Council dated 09/13/2011 No. 1430 was adopted in violation of the legislation of Ukraine in force at the time of its adoption.”

The main argument: in 2013, the Supreme Administrative Court of Ukraine was canceled the decision of the city council of Sevastopol on the allocation of land with the housing and construction partnership “Cherry Orchard”, in which Arthur Pashanin bought a plot.

- But after all, the decision to transfer land to the ownership of Pashanin is not canceled! - Elena is indignant. - The cooperative was taken away, but a citizen Pashanin did not. Decision No. 1430 is not canceled. That is, Ukraine did not see violations in it. Why are Russian authorities that are not the successors of the Ukrainian are trying to cancel the decisions of the Ukrainian authorities? We also spoke about this in court. To no avail.

On September 20, 2016, the Balaklava District Court of Sevastopol ruled: to withdraw the land from the Chernysh family in favor of the city government.

-You know, in Yalta, the businessman committed self-immolation, due to the fact that he had a cafe (see the “New Gazeta” dated 09/19/2016.-“Death according to the competition”) . And then they admitted that they were demolished in vain: all the documents are in order. We now also think: we will throw a coin, who will burn himself.

The case of the Chernysh family is not the only one in Dergachi. In the courts there are another 14 "species" sites.

Fake

Larisa Krysina is the chairman of the summer cottage cooperatives “Druzhba-9” and “Druzhba-8” in the area of ​​the tract of Ayazma and the housing cooperative near the Sapun Gora.

“In our cooperatives - 600 people,” says Larisa. - The sites received in 2010 by order of the city state administration.

In the same 2010, the head of the city changed in Sevastopol. Sergei Kunitsyna was replaced by Valery Saratov. The new mayor instructed the revision of land allotments, during which the act was canceled on the allocation of land for Friendship-9. But the cooperative successfully challenged this decision: the district administrative court of Sevastopol and the appeal confirmed the ownership of cooperators to land.

In 2015, the Russian authorities have already questioned the right of “friendship-9” on Earth.

“In February 2015, I was called to the prosecutor's office of the Balaklava region,” says Larisa Krysina. - They said that the legality of the allocation of land in 2008-2014 is being verified. After that, claims were filed in court for 10 people.

In June 2015, the Friendship-9 case was replenished with another episode-criminal.

-On June 15, I learned that they opened a criminal case under the 159th article “Fraud on Polite-Large Sizes”. A search was carried out in our office. What was seized, I do not know. The prosecutor's office claims that the search protocol was issued to me on the same day. I officially declare: I have not received it so far.

After the search, according to Krysina, the Investigative Committee called 50 members of the cooperative for interrogation.

- People told me that they were offered to sign protocols with the “necessary investigation” circumstances. Not one agreed. Then the case was retrained for an easier article - “Fake”. In what condition is it today - I do not know.

The claims for the seizure of lands by the Government of Sevastopol were filed not only with the members of the Friendship-9 cooperative, but also to the members of the Friendship-8 and the housing cooperative at the Sapun Gora.

- Moreover, there are claims for 40 people, there are 52 people. How can a court consider 52 unique situations in one lawsuit? One of our members has only Ukrainian documents, someone has a Russian cadastre, someone has already fully executed Russian property rights, says Krysina.

Covered with forest

The Laspi tract is the southern point of Sevastopol. In 2010, more than 2000 plots, members of 7 housing and country construction cooperatives received land here. Today they are all on the black list. Tatyana Bolotsky got 10 acres to build a cottage in the Terra-South cooperative. The fact that the site received in 2010 under the state program does not belong to her anymore, Tatyana learned from the absentee decision of the Balaklava District Court.

-Based on the fact that the land was noted by the City Council, but the city administration, and the fact that my plot was supposedly given to the forestry in 1966, the land was taken. In Ukraine, there were no violations, and under Russia - suddenly a mass was found. Moreover, it is violations of the legislation of Ukraine.

When asked what to do next, Tatyana replies: "Unit!"

The question of future generations

The most active seizure of land from cooperatives is commented by people close to the "People's Mayor" of Sevastopol Alexei Chalom.

“The appearance of the Crimea is killed by built -up green zones,” Oleg Nikolaev, the leader of the movement “Serving Sevastopol,” explains. - If we want to increase the tourist attractiveness of Crimea, then we just need to put the coastline and reserves in order. As for cooperatives, the land was allocated to them mainly by orders of the former head of the city administration Sergei Kunitsyn. But he had no right to dispose of this land: it was in the competence of the City Council, that is, deputies. Moreover, the plots often stood out in those very protected areas. I would say that this is a crime.

Ivan Komelov, the Commissioner for the Protection of the Rights of Entrepreneurs in Sevastopol, agrees with Nikolaev.

- The allocation of land for problematic cooperatives is divided into two categories: these are the lands that were allocated by order of the city administration, the so -called “Kunitsyn orders”, and the land that the city council allocated, but with a violation of the legislation in force. For the most part, we are talking about the lands of specially protected natural territories. That is, it is primarily about environmental damage to the city. Why did this even become possible? Only the city council could allocate land in the city in Ukraine, the administration could allocate land beyond its borders. But in Sevastopol there was a small conflict: the boundaries of the city were not determined. And therefore, the head of the administration Kunitsyn allocated lands where he wanted.

After the transition of Crimea to Russia, there was a very large influx who wanted to register their property in the Russian legal field. And experts simply could not cope with a qualitative verification of documents, ”Komelov explains.

For conscientious buyers, he believes comers, it is necessary to develop a compensation mechanism: either in the form of payments, or in the form of alternative sites.

- The question of Sevastopol land in any case is necessary. If there were violations of the law, then they have no statute of limitations, because this is a question about future generations. If today we will not solve this issue, we will simply lose the protected areas and forests, we will not save them for our children and grandchildren.

Papers and earth

I asked independent lawyers: do Russian authorities have the authority to dispute the decisions of the Ukrainian authorities in Russian courts? I also showed them two court decisions-the Ukrainian and Russian courts-according to the Cooperative "Druzhba-9", which is deprived of plots on the grounds that the orders of the Sevastopol city state administration No. 1256-r (on the basis of which the land was obtained) allegedly does not exist. The Balaklava District Court (RF) talks about its absence in the archives of the city government, however, in 2014, the Ukrainian District Administrative Court of Sevastopol studied this order as part of the consideration of case No. 827/287/14, which is reflected in the court decision. Why did the document, the existence and competence of which are confirmed by Ukrainian courts, suddenly acquired the status of a non -existent in the Russian Federation?

Three of the six lawyers, having studied the documents, refused to comment, explaining that in the Federal Constitutional Law No. 6 “On the adoption of Crimea and Sevastopol in Russia”, the succession of the Russian authorities on the peninsula was clearly not established.

- According to Article 12 of the FKZ No. 6, Russia recognizes the effect of documents that were issued on the peninsula under Ukraine. At the same time, the same article states that Ukrainian certificates of ownership are recognized as existing indefinitely and do not need confirmation by state authorities of the Russian Federation, ”one of the members of the Law Chamber of Sevastopol told“ new ”.

The lawyer of the Center “Law of the RU” Alexander Kashurnikov considers the actions of the Sevastopol authorities legal.

- The city government is now quite legitimately checked all the documents related to the ground. Under Ukraine, the land was often issued by unauthorized bodies, up to the district councils. The only authorized person was the city council. And if some cases of violation of the laws of Ukraine are now revealed, then they are canceled according to the norms of Ukrainian legislation. Nobody canceled the principles of the law in space and in time.

The existing in Russia in Russia is the disposal of the Sevastopol city state administration on the allocation of the land-9 lands, Alexander Kashurnikov, says:

- Pay attention to who recognized the order to the non -existent. Judge Alexey Dybets. In the legal community, he does not use the reputation of the most competent person.

OFFICIALLY
The New Gazeta sent a request to the Department of Land and Property Relations of Sevastopol (DIZO) with a request to comment on the situation with the seizure of land allotments from citizens. Within the 7-day period established by law, there was no response, and the phone’s phone was busy for several days. We publish the answer sent by the director of DIZO Rustem Zainullin Sevastopol Andrei Gavrilov, whose land plot fell under withdrawal.

“In accordance with Art. 1 of the Law of Sevastopol No. 3-ZS established that all lands within the territorial borders of Sevastopol, with the exception of lands in private property as of March 17, 2014, are the state property of Sevastopol.

Given that Art. 8 of the Constitution of the Russian Federation, it was established that in the Russian Federation private, state and municipal property are recognized and protected in the same way, as well as gross violations of the norms of the legislation of Ukraine when providing plots to property, currently the Government of Sevastopol conduct measures to demand from illegal possession and return to the ownership of the city of Sevastopol of such land.

If there is a fact of violation of your rights to a land plot, you have the right to appeal the action that violates the right to a land plot in court. ”