The bet on "solved"

How Crimean sanatoriums drive into a debt bondage

On the first working day of 2019, January 9, the Crimean Arbitration Court announced a decision on the claim of the Alushta administration against LLC Mindyn Roshcha to recover 5.5 hectares of land from the enterprise for leasing of 5.5 hectares. This is a diametrically opposite position in relation to the decision made on February 18, 2018 by the Arbitration Court of Crimea in a trial with the same participants. That is, in two processes, referring to the same legal norms, the court came to different conclusions.

The Alushta complex "Almond Grove", which includes a hotel and a water park, accepted the first guests back in 2004. Ten years later, in 2014, after the return of Crimea to Russia, the “almond grove” was among the first Alushta enterprises to re -register and continued to work under Russian laws.

In 2015–2016, things went well: the number of visitors and the revenue grew. Although prices for the services of the complex have not risen.

In the same years, the leadership of the “almond grove” reached out the “wallets”, with the proposals of the “roof” in solving problems in relations with new authorities. Visiters politely led.

But they were persistent. From proposals we moved to threats. And they even outlined the scenario of the development of events in case "it is not possible to agree."

Did not agree. And then the enterprise began problems related to a change in the type of permitted use of leased land. The fact is that during the transition of the “almond grove” to Russian jurisdiction for such enterprises, only one type of permitted use of the land - hotel services acted. And on June 6, 2016, a resolution of the Council of Ministers of Crimea introduced such a type of land use as “tourist services”.

The leadership and lawyers of the Almond Grove LLC have repeatedly turned to the city authorities with requests to change the type of use of leased land, but invariably received refusals.

And soon in the "almond grove" they learned that the company owed tens of millions of rubles as payment for land lease. At the same time, they learned quite by accident.

- At the end of April, accounting needed acts of reconciliation on land lease for 2016. I went to the city hall, ”says Natalya Kutkova, lawyer of almond grove LLC. - Together with the acts, they gave me a certificate of debt for the first quarter of 2017. From the documents we learned that the rental cost increased from 3.5 million rubles a year to 44 million rubles.

Oksana Panova, Director of the Almond Grove, gives specific numbers:

- In 2017, the entire revenue of the enterprise for the year amounted to 64,299,196 rubles, of which 44,140,142 rubles or 68.65% of the revenue from us were demanded to pay for land rent. And where to get money to pay for taxes and utilities, the purchase of products and everything necessary for the functioning of the complex, staff salaries?

The “New” told about how LLC Mindle Grove LLC became a debtor to pay for land lease.

At the end of 2016, by the decision of the Alushta City Council, the “Regulation on the procedure for determining the amount of rent for municipal property land”, which deputies at once, without economic justification, significantly increased the land lease rate.

Of course, the Almond Grove LLC was not the only Crimean enterprise put on the line of bankruptcy as a result of increasing the lease rate of land plots.

This decision was truly revolutionary-by the degree of absurdity.

For example, for the Dolphin apartment, located in Partenit (Alushta municipal district), the rental rate of 15 acres of land increased by 33 times! From 12,000 rubles in 2016 to 423,000 rubles in 2017.

For LLC "Almond Grove", the rental rate increased from 1117 rubles per square meter to 6658 rubles. At the same time, pine and cypresses occupy most of the leased territory. But for each meter of land, the enterprise was obliged to pay a rent for “type of permitted activity” - “hotel service”. That is, cypress or pine grows in the rented territory, for, for example, four square meters of land, and for this land under each cypress, the enterprise was obliged to pay almost thirty thousand rubles a year. And pine trees and other trees and shrubs in the territory rented by the “almond grove”, several thousand ...

A year and a half ago, we noticed that in 2016, Alushta’s budget revenue from the lease of urban land amounted to 138.5 million rubles. And in 2017, this amount was supposed to increase to 145 million rubles. At the same time, 1067 enterprises were payers for the rental of urban land. Why was the growth of revenues from land renting only 6.5 million rubles, if only with LLC the almond groves the city authorities decided to get 40.5 million rubles more than a year earlier? Because the city predicted that most of the tenants will completely stop working and not a penny will be paid to the city treasury? The head of the department of land relations of the Administration of Alushta, Evgeny Kachaev, could not explain to me the origin of these planned numbers.

The July publication of the “new” authorities read and, apparently, not only in Crimea, but also in Moscow. The Alushta City Council made a new decision, which were reduced to a completely acceptable level. But either consciously, or in a hurry, the former frankly absurd decision was not canceled. Which allowed us to demand payment of debts accumulated during the previous decision of the City Council. The city administration appealed to the Arbitration Court.

On February 28, 2018, the court issued a decision to refuse to satisfy the claim. But, it seems that the already mentioned “walkers,” had “long hands”. Apparently, they managed to lobby for the abolition of this decision in the cassation instance and the direction of the case for a new consideration. And on January 9 of this year, as I already said, the Arbitration Court of Simferopol decided to satisfy the claim of the Administration of the city of Alushta to LLC Mindle Grove on the recovery of 5.5 hectares of land from the enterprise for renting 5.5 hectares of land.

It turns out that the “resolves” who promised the enterprise the problems in the event of “if we do not agree”, restrained the word? And in their plans - initiating the bankruptcy procedure of LLC "Almond Grove"?

"New" will monitor the development of events.