Translated material
Crimea is not yours
Cycle " Motherland Shield "
Crimea is not yours.
A report on how the Ministry of Defense selects land from people who believed in Russian Sevastopol
Ekaterina Reznikova, October 9, 2019
The entry of Sevastopol into Russia resulted in a total redistribution of property. One of the main expropriators was the Ministry of Defense: the military, without any compensation, selects from civilians, plots and enterprises. “Project” tells four stories about people who have lost or risk losing everything.
In March 2015, the then Governor of Sevastopol, Vice Admiral Sergey Avayylo signed a secret disposal No. 195-RP-on the transfer of land and property owned by the USSR Black Sea Fleet, the “project” has a copy of the document. This is a giant territory equal to the area of the entire residential development of Sevastopol. The order was launched by hundreds of lawsuits of the Ministry of Defense against the inhabitants of the attached city. In the Sudact.ru database, the mention of the 195-RP order is found in 313 decisions of the courts of first instance, but in the reality the defendants can be much larger, since in some claims dozens of private owners are indicated.
The fact is that in the period after the collapse of the Union, many lands of the Black Sea Fleet for various reasons were owned by civilians and entrepreneurs. In some cases, the Russian command itself refused military towns so as not to pay Ukraine to rent in currency, and the Ukrainian authorities transferred them to private property. In other authorities, Sevastopol allocated land to people at the boundaries of half -abandoned training grounds and shooters, as they considered their territory. For 23 years that Crimea was Ukrainian, the Russian command did not apply for land plots properly rented from Ukraine and did not bring them to the cadastral map. There was also the third option: the commanders of military units under the USSR gave their subordinates gardens and garages in the backyards of the garrisons, and in the zero they allowed them to privatize. But as soon as the Crimea became Russian, the Ministry of Defense presented the right to everything. “Project” sent requests to the press service of the governor of Sevastopol and the Ministry of Defense, but did not receive an answer.
Secret order
In official sources, the disposal was never published, and the public learned about it gradually from the materials of court cases. In 195-RP, 275 military facilities were listed in different areas of the city. The total area of the lands listed at the disposal is more than 51 square meters. km. For comparison: the area of residential development of Sevastopol is 50 square meters. km. Buildings and structures in the list - more than 4700. The Ministry of Defense claims the lands and real estate of the Black Sea Fleet of the USSR in Sevastopol, not considering that the fleet itself for the post -Soviet period "was dry" by 10 times.
To the very order of 195-RP-many questions. The document states that the military is transferred to the property owned by Sevastopol, which, according to local laws adopted in 2014, passed everything that Ukraine owned. But privatized lands and enterprises cannot be considered state property: they belong to citizens.
"Five years from life has fallen"
Arthur Asilbekyan is a Siberian from the tiny village of Hatang on the Taimyr Peninsula in four o'clock summer from Krasnoyarsk. Arthur's father in his 72 still works during the navigation by a caseist in the river port. In winter, he also hunts a wild deer and sews national Dolgan shoes from the skins. “A visiting Armenian sews almost the best in Siberia,” is proud of Arthur, making money on the drill or crafts. He himself always dreamed of the sea, and his father and mother wanted to live in a warmth, imagined how peaches and grapes would grow. Crimea, similar to a climate in Armenia, seemed to the family of promised land.
“When Krymnash happened,” all 10 thousand “indigenous” in Taimyr ran with flags, rejoiced, ”recalls Arthur. -Then Lavrov on TV said: “Come to the Crimea, tighten Russia ...” “The project” could not find confirmation that Foreign Minister Sergei Lavrov or any other representative of the authorities said a similar phrase. Already on May 9, 2014, on Victory Day, he was in Sevastopol.
Arthur added his earned money to family savings and bought for 45 thousand dollars (about 1.5 million rubles at that time) a plot in the Cossack Cossack Cossack Bay - three hundred meters from the sea, next to the military airfield.
The airfield at Cape Khersones was abandoned for 20 years. The plot of the steppe burned with the sun served as a local platform for barbecue, tourists sunbathed on the beach, and street racers were driving on a concrete take -off at night. No one knew that in 2014 the facility was introduced as an airfield network of the Armed Forces of Russia. The Arthur section is located behind the fence of the airfield, the other owners were even less fortunate: some of some sections were right on the runway.
“The seller had all the Ukrainian documents,” Arthur shows the originals of the stamp papers. - The notary studied for two days and even sent a request to Kyiv - everything was in order.
The first signal came in the summer of 2014. The airfield commander sent armed people to the “frigate” sections that threatened: “These are the lands of the military, you will have problems.” At the same time, the commander himself lives on the same land - in a respectable mansion next to the Arthur section.
Soon, a technique appeared, and a new fence of the airfield grew right on the “frigate” sections. Frightened, Arthur rushed to the local branch of Rosreestr. He defended in line and was one of the first in the city to receive a cadastral passport and a certificate of ownership of the Russian model. In Sevskycontrol - the Office of Land Control (Supervision) of Sevastopol, subordinate to the Government of Sevastopol, was liquidated in 2018 - Arthur confirmed that its plot with the lands of the military did not intersect. But this did not help either.
"The land is taken away, but Zhirinovsky sent a thousand rubles"
Alexander Stanev was born in a family of Bulgarians deported from the Odessa region, cooked steel in Transnistria, then in Chelyabinsk. Like Arthur, he dreamed of the sea. Having accumulated money, he built a house in Sochi. But there he did not like it.
- Do you know how the sea in Sochi is worse than Sevastopol? - asks Bulgarian. And then he answers: - There is muddy water, but here is transparent.
After the Crimean Spring, Alexander sold real estate in Sochi for 12 million rubles and invested them in Crimean land. I bought a plot for 1.8 million rubles in the Laspi tract near Sevastopol. But he soon lost him in court: the city government proved that allocations in the juniper forest were issued illegally under Ukraine. The lands were returned to the city, the owners were not paid compensation again.
Then Stanev and his wife bought three sites in a Cossack bay-2-3 million rubles for each. The documents were checked carefully: everything was flawless. But in 2016, Chechen builders appeared on the Stanev section - the contractors of the Ministry of Defense. It turned out that the department of Sergei Shoigu considers this land a military town.
Civil expropriators
The Ministry of Defense is not the only actor of land redistribution in Sevastopol. In 2017, the city government filed a court with more than 4 thousand claims against private landowners who received plots in Ukraine with violation of procedures. An interesting case of the Daching and Construction Cooperative "Miranda-S" near the village of Kacha. First, city officials sued the owners, and only later, when the plots managed to recapture, the Ministry of Defense announced the rights to the territory of the sea.
The courts behaved strangely. “There are sites in the same row,” explains Stanev, drawing a diagram. - The first military lost, the second - won, to the third - in general there were no complaints, the fourth - lost again. It turns out not a military town, but a patchwork blanket. ”
- The military continues to say that they use the towns for their intended purpose. But their representatives do not even know what an isolation stand is, Stanev is indignant.
- And what is it?
- This is a concrete structure at which the tank shoots. We ask in court: "Is there a stand?" They answer us: "Yes." How do you use it? Answer: "By purpose." What are the shooting, what tanks?! On this earth, for 20 years have been standing.
One of his plots was lost by the military, the land was seized without compensation. He managed to get rid of the other two - built at home and sold. The man received all the building permits in the city government. The courts are still going on these areas, and Stanev participates in them as the former chairman of the local TSN - the partnership of real estate owners “Cossack Bay” was created specifically to protect against the claims of the Ministry of Defense, says Stanev.
- If we lose, I will go to court against the government. They gave me documents, let them compensate for the damage.
- Why do you need courts if the land is sold?
- If buyers lose everything, how will I look in their eyes?
The struggle for plots took three years from Stanev. During this time, he not only lost property, but came into the field of view of the police and the FSB.
- Two years ago they called the police. They say they found a passport: the photo is not mine, but my data, they ask to come to the address, ”says Alexander. - I come, and this is the FSB. I go to the desired office, they ask me: “Do you guess where you were actually called? Answer how do you influence the courts? "
Stanev says that, of course, he did not affect the courts, but only actively fought for his property: he went to complain to Moscow, gave interviews to reporters and wrote to all parties.
- I wrote to everyone: both United Russia and Zyuganov (Gennady Zyuganov, the leader of the Communist Party - “Project”), and Zhirinovsky (Vladimir Zhirinovsky, the head of the LDPR - “Project”). Zhirinovsky himself said: “The rights of citizens must be protected, the property of citizens must be protected,” Stanev involuntarily copies the politician to the manner. - The first time he did not answer me, and then sent a transfer - a thousand rubles. So it is written: "From Zhirinovsky."
"We are afraid that they will take away children"
Dima and Katya Dizendorf a little over 30. Smiling, modest. They already have six children, four of whom are adoptive. They ask not to rent their house in the village of Kacha. They are afraid that because of communication with journalists, they will be taken away from the adoptive children. “When we took them, the custody promised places in the village of Kindergarten,” says Dima. - And they gave almost in the city, 40 minutes one way. We complained to the prosecutor’s office, and at night some strange people with crusts broke off with a test. ” “This is the worst dream,” Katya adds. “The youngest does not even know that he is a reception room.”
- Did you want a lot of children?
“Yes, of course you don’t,” Katya laughs. - After the birth of two, Dima and I drove help to orphanages. We saw our future daughter - such a small one with curls, serious. Only three years, and she, like a mommy, looked after her younger brother. This was hooked. And when they issued the documents, it turned out that they have two more older brothers. It was impossible to separate children from one family. The social service was not reported in advance, they put us before the fact. At first we refused: we will not pull. Then they gathered a family council - parents, sister - and decided: we take everyone.
Katya's parents are military, all their lives have served in quality. When the grandchildren suddenly became six, grandparents moved to the country, leaving the apartment of a large family. But eight in two rooms were crowded. Therefore, in 2008, the guys joined the country cooperative and took the site to build a house. But they did not manage to arrange him in private property - without the help of “land”, privatization in Ukraine could take many years.
And now the Russian authorities of the city refuse Dizendorfs and their neighbors in the right to receive land in the law provided for by the Law. They refuse various pretexts, but the main one: these are the lands of the Ministry of Defense. The situation is confusing: in the days of the USSR, the missile part of the Odessa Military District was located in this territory, then it ceased to exist, and in the 90s, local deputies distributed lands to people, says Dima. But now the lawyers of the Ministry of Defense say that the coastal strip is part of the military town of the Kachinsky airfield, and the Sevastopol residents began to receive claims (for example, the military filed as much as 140 claims to the neighboring cooperative, Dima says), however, the court had so far sided with people.
But Dizendorf has a different problem. In 2015, they went to see Chanylo-to the Governor to the Governor, who signed the secret order of 195-RP. “They asked what to do,” says Katya. - It is not possible to arrange the land, but the house needs to be completed, we have six children. He said: “Build, we will help you.” He secured the official after us, he suggested that and how, until he quit. ”
The guys moved to the new house in 2018. In it, two older children have their own rooms, the youngest live in two. Boys and girls have separate bathrooms. “We ourselves were built, not asked for a penny from the state,” Katya says proudly. - Now we can’t arrange the house, hold the gas. In winter, it takes 12-15 thousand per month for fuel for the boiler, 3-4 thousand would be paid with gas. ” Utility payments are significant expenses for the family where only the father works. Katya’s salary, like a mother’s reception, is 13 thousand rubles, a benefit for each orphan child is 16 thousand.
According to Russian codes, Dima and Katya House - Samostroy. “But in Ukraine, the procedure“ first the right to real estate, then to land ”was quite legal, explains lawyer Marina Gudzenko. Hundreds of families, who were built on Ukrainian law, are now in a difficult situation: there is a house, but there are no lands under it. ” Over the past five Russian years, this legal hole has not been eliminated.
The battle for the pigsty
The military in Sevastopol is also judged with business. The 21st Arbitration Court is listening to the second appeal of the lawsuit of the Ministry of Defense against the company Agroalans-Plus. At first, the court sided with businessmen, on cassation - to the side of the military. This is the fifth attempt to solve the case and the last hope of entrepreneurs to fight back.
At the large table in the center of the hall are two representatives of the Ministry of Defense and the defendant is one of the founders of Agroalang. The parties crossed back in the corridor, barely nodded to each other, exchanged papers. In the hall they behave differently: the defendant gives arguments, asks questions. The military lawyers are indifferent, as if it is not a property worth a million rubles.
The lawsuit began back in 2017. The Ministry of Defense demanded that the military town once belonging to the fleet in the area of Berman’s beam in Sevastopol. Behind the term “military town” hides the pig farm-the former subsidiary farm of the 13th shipyard of the Black Sea Fleet. In the middle of the zero, it did not need the fleet. In 2008, Agroalars bought it through the State Property Fund of Ukraine. The property leased by the Black Sea Fleet in Sevastopol belonged to the state of Ukraine in those years, and the State Property Foundation disposed of them.
The new owners repaired pigsties according to European standards, equipped the only massacre in the city with Vetlaboratory. In addition to their own livestock, pigs brought from all over Ukraine were scored and carved here. Meat and meat products were sold throughout the Crimea.
After 2014, the message with Ukraine ceased. To bring pigs from Russia through the Kerch Strait was fraught with a case - trucks often stuck at a crossing in a storm, idle in summer lines. Svinarniks had to be leased. In one of them there is a shelter for stray dogs. “In August, he was visited by the governor,” says one of the founders of Agroalang, “and was pleasantly surprised, said:“ People do not live in such conditions ”.” The massacre was converted into a cutting workshop, where cooled pork half -workers entering retail from the mainland are preparing for retail. Entrepreneurs are afraid to go out at past capacities - from day to day they will take everything away from them.
The next meeting in the case took place on September 26. The defendant again reminded the court: the fact that the pig farm was listed as a military object was not known to the agricultural alien when buying out, but the fleet probably knew everything. “They could not help but notice that for five years they have not paid Ukraine and utility bills for this property. This means that the statute of limitations have long passed, ”the entrepreneur concludes. The judge is interested in when the plaintiffs learned about "someone else's illegal possession." “After a field inspection,” the representative says confidently. And then he is lost: he cannot remember what year it was.
As evidence, the Ministry of Defense provides copies from copies of non -certified documents with handwritten corrections. The defendant petitions for the request of the originals. The judge clarifies if there is access to them. It is difficult to say whether they exist at all, having become silent, the lawyer of the Mo recognizes. The petition deviates.
The court prescribes the parties to conduct a joint inspection of the farm and coordinate the subject of the claim. The meeting is once again transferred to this meeting. The parties sigh and leave the hall - the denouement will not be soon.
How many entrepreneurs are under trial?
In a file cabinet of arbitration affairs - about three dozen claims of the Ministry of Defense against Sevastopol entrepreneurs. Подведомственное министерству ФГБУ «Крымское территориальное управление имущественных отношений» (ТУИО) : Пресс-секретарь Черноморского флота Алексей Рулев заявил «Проекту», что «Крымское ТУИО» не имеет отношения к ЧФ РФ требует не только вернуть имущество Министерству обороны, но и подает на мелких торговцев и владельцев кафе, работавших в помещениях бывших армейских столовых и клубов, иски о незаконном обогащении. Военные считают, что с момента подписания 195-РП в марте 2015 года, бизнесмены сами должны были покинуть военные городки. Но, во-первых, не все севастопольцы в курсе существования документа — он ни разу полностью не публиковался. Во-вторых, сам подвед Минобороны создан лишь в 2017. Однако суды взыскивают с бизнеса сотни тысяч рублей в пользу государства.
Компенсации за отобранное имущество получить пока никому не удалось, а иски по ним единичны. Предприятие «РЭД-прайс-6» просило суд обязать военных выплатить 2,2 млн рублей за улучшение зданий — новую вентиляцию и электросети, и озеленение арендованного военного городка. До кассации предприниматели проигрывали, повторное рассмотрение еще впереди.
Мировые соглашения встречаются редко. На подписание новой аренды с военными идут почему-то единицы.
«Мне предлагали все порешать»
Общее количество исков по частным землям может достигать 2,5 тысяч — именно столько участков попало в Севастополе на земли Минобороны, считает юрист, глава «Школы садоводов Гераклеи» Наталья Подтоптанная: «Многие боятся заявлять о конфликте открыто, поскольку сами являются кадровыми военными».
Некоторым удается избежать судов. «Например, ТСН „Пилот“ и ТСН „Сатурн“ в Казачьей бухте как-то решили вопрос. Но в „Пилоте“ живут военные не ниже подполковника», — говорит общественница. А в «Сатурне» — дача экс-министра обороны Украины Павла Лебедева и дом, в котором жил второй губернатор Севастополя Дмитрий Овсянников.
Наталья вспоминает, как однажды ей, как общественнице, консультирующей садоводов по юридическим вопросам, поступило предложение «помочь людям все порешать». «Мне повезло, я подстраховалась: собрала на встречу председателей садовых товариществ. Пришли два человека в штатском, фамилии не называли, только имена. Озвучили цену — я чуть в обморок не упала: шесть тысяч долларов с участка. Отказалась, а потом я узнала, что у двух председателей проблем с Минобороны больше нет», — рассказывает Подтоптанная. И добавляет на всякий случай: «Я не знаю точно, кто были эти люди. Может, мошенники».
Уже после выхода материала Минобороны прислало комментарий, в котором сообщило, что «не имеет претензий к конкретным гражданам и не осуществляет изъятие каких-либо участков у физических лиц». Действия украинских органов власти, выделявших участки дачным и жилищным кооперативам, в ведомстве называли «неправомерными и незаконными» — они «не имели законных полномочий» распоряжаться землями, переданными в аренду российским военным в Севастополе по межгосударственному Соглашению о параметрах раздела Черноморского флота СССР от 1997 года. И теперь Минобороны РФ оспаривает в судах государственные акты украинских властей.