Things collapsed – Kommersant Krasnodar

6.5 hectares of forest land were returned to the ownership of the Russian Federation. Particularly valuable plots with a cadastral value of over 400 million rubles. is located in the village of Myskhako (Novorossiysk). About ten years ago, the land became privately owned and was designed for the construction of private homes. The violation was revealed by the Azov-Chernomorsk environmental prosecutor’s office. The department appealed to the court for confiscation of land from illegal occupation and won the case. The defendants tried to challenge the decision, but lost their appeal. A criminal case has been filed for the land fraud. According to lawyers, there is no case to appeal against the previous court decision, in addition, it is possible that another criminal case will appear in the process.

The Board of Appeals of the Krasnodar Regional Court upheld the first-instance decision recognizing the absence of the right of private ownership of forest land in the village of Novorossiysk Myskhako. The defendants in the case are six people: businessmen Alexander Georgiadi (engaged in the construction of residential and non-residential buildings), Nadezhda Storozhuk (buying and selling real estate), Andrey Shnyakin (beekeeping), as well as Anna Prisyazhnaya, Igor Ryazantsev and Valery Shevtsov. The plaintiff was the Azovo-Chernomorsk Environmental Prosecutor’s Office. The relevant decision is published on the court’s website. The object of the lawsuit is particularly valuable areas of forest background with a total area of ​​6.5 hectares and a cadastral value of over 400 million rubles.

According to the case file, on February 27, 2013, Andrey Shnyakin bought a plot of land in the village of Raevskaya with cadastral number 23: 47: 0102006: 131 from Merkulova LLC. It turned out that the site was part of the territory of the Krasnodar Territory. In the autumn of 2013, Mr. Shnyakin applied to the Primorsky District Court of Novorossiysk to correct the boundaries of the territory. The plaintiff substantiated the allegations with the fact that during the configuration of the area “technical errors were made in the determination of the coordinates”, therefore the properties belonging to him were included in the areas of the forest fund. As a result of a series of disputes, Andrey Shnyakin managed to move the boundaries of the site by more than 25 kilometers: in fact, the land ended up in the village of Myskhako, on the eastern slope of Mount Koldun. The new owner then divided the area into two parts and then reunited them. Thus a plot was formed with cadastral number 23: 47: 0118024: 869. Later, this area was divided into 73 parts and put up for sale.

Valery Shevtsov became one of the land buyers by Andrey Shnyakin. According to court materials, in 2017 he bought a share for 400 thousand rubles. However, already in August 2018, Mr. Shevtsov filed a lawsuit against Mr. Shnyakin in the Primorsky District Court to declare the transaction invalid. The plaintiff considered that he was misled during the conclusion of the contract of sale, drawing attention to discrepancies in the cadastral numbers. Andrey Shnyakin, in turn, filed a counterclaim against Valery Shevtsov and won the dispute. The court ruled that the transaction was valid and complete, noting that the terms of the contract were met and the land was transferred to the buyer.

In 2018, by decree of the head of administration, Igor Dyachenko (at the request of Andrey Shnyakin), documentation was developed on the planning of the area (design plan and research project) for the construction of individual houses on a plot with cadastre number 23: 47: 0118024 : 869 (subsequently the decision was annulled).

During the prosecutor’s inspection, it was found that the area was indeed converted into estates of the forest fund, which belong to the category of protective forests, where the construction and operation of capital construction facilities is prohibited. “The inclusion of disputed areas for development within the settlement could lead to the destruction of plants listed in the Red Book of the Russian Federation, the irreparable loss of the environment, the protective functions of forests, as well as causing damage. in the forest fund “notes the supervisory authority.

At the initiative of the prosecution, a criminal case was formed for this event in accordance with Part 4 of Art. 159 of the Penal Code of the Russian Federation (fraud committed on a particularly large scale). The investigation is ongoing.

According to Roman Domashchenko, Managing Partner of Domashchenko & Partners, the defendants have no chance of challenging the previous court decision. In addition, the lawyer is confident that the criminal case will end with actual prison sentences, as there is a clear fraud. “I am sure that all those who are guilty of fraud with the land of the forest fund, including those who signed the relevant documents, as well as the cadastre that is directly responsible for the transfer of the boundaries of the area, will be convicted to the fullest extent of the law. “I do not rule out, in addition to the investigation under Article 159 of the Penal Code, that the investigating authorities will initiate a second criminal case for forgery of documents”, says the lawyer.

Victims of crime, according to Domaschenko, have the right to sue in civil proceedings for compensation.

Natalia Resetniak


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