In court – Kommersant Krasnodar

The decision of the Leninsky District Court of Rostov-on-Don on the seizure of the Porto Nero restaurant in the village of Bolshoy Utrish as a property acquired due to corruption by the President of the Anapa District Court Vladimir Starodubtsev and his family members came into force. . According to experts, the market value of the restaurant complex is from 600 to 750 million rubles. Anapa social activists say that part of the restaurant building is currently being used for the needs of the Democracy Hotel, whose beachfront complex is in a nearby location. Anapas town hall is suing for the demolition of a public catering shop. According to lawyers, by law, the confiscated property of the former judge must be sold at auction.

On May 31, the Rostov Regional Court upheld the decision of the Leninsky District Court of Rostov-on-Don dated January 26, 2022, concerning the seizure of the Porto Nero restaurant in the village of Bolshapa Utrish in favor of the Russian Federation. The claim for conversion of property received in violation of anti-corruption legislation into state revenue was filed by the Prosecutor General’s Office of the Russian Federation.

The Porto Nero restaurant on the Bolshoy Utrish, located on the Black Sea coast, was built by the family of former Anapa District Court President Vladimir Starodubtsev. The court ruling states that in 2010 the judge accepted Druzhba LLC’s request for a proceeding in which the company challenged the legality of the actions of the mayor’s office in Anapa, which refused to grant it ownership of the beachfront land in Bolshoi Utrish. According to the Attorney General’s Office, Judge Starodubtsev upheld Druzhba LLC’s claim, seeking material benefits for himself and his relatives. Explaining the process of concluding purchase agreements, he issued a decision which deliberately determined the undervalued value of land. For example, the price of the plot on which the Porto Nero restaurant was later built is set at 10 kopecks.

Executing the court decision, the administration sold the plots to Druzhba LLC. Vladimir Starodubtsev’s cousin Gennady Eremenko later became the owner of the ten-kopeck plot. According to the Prosecutor General’s Office, as a result of such actions, Vladimir Starodubtsev gained control of the property and created conditions for his relatives to do business on the site. In 2014, without receiving approvals, the construction of the Porto Nero restaurant began. Despite the fact that the administration, the prosecutor’s office and the public tried to stop the construction, the restaurant was completed and began to receive guests.

In March 2019, after considering the appeal of representatives of public organizations with a message regarding the seizure of the premises and the construction of a restaurant, the Qualifications Council of Judges decided to terminate the powers of the President of the Anapa District Court prematurely.

The court confirmed that the actions of the accused Starodubtsev and Eremenko were corrupt in nature and decided to convert two plots of land with a total area of ​​about 1,200 square meters into state revenue. m. and the building of the Porto Nero restaurant.

Roman Domashchenko, managing director of Domashchenko & Partners Law Firm, comments that the confiscated property is subject to auction sale. The court materials say that, according to the Chamber of Commerce and Industry, the estimated cost of the restaurant building and the plots below it is from 600 to 750 million rubles.

According to Roman Shilovsky, a member of the public organization Anapa Grazhdanskaya, the main entrance to the Porto Nero restaurant is currently closed. However, its basement, according to a public figure, is used as a focal point for the beach complex of the Democracy Hotel, located in the village of Souko, and is part of it. Information about the new private beach with swimming pools is posted on the social networks of the Republic. On what basis hoteliers use the restaurant is unknown.

“The beach is located on a municipal plot of approximately 5.2 thousand square meters. m. The coastal complex is also called Porto Nero. It is fenced, there is a turnstile at the entrance. Swimming pools have been built on the territory of the complex, although the construction of funds on the beaches is prohibited by the Water Code of the Russian Federation. “Our organization appealed to the administration and the prosecutor’s office for illegal earthworks on the beach, the removal of heavy equipment and the cutting of trees during the construction phase, but received no response,” said Roman Shilovsky.

According to SPARK-Interfax, Democracy LLC is registered in the village of Souko. Director is Olga Fedosova, the only beneficiary is Alexey Dimoev. The Dimoev family owns a number of hotel complexes in Anapa, including Mvenpick, Beton Brut, Dacha del Sol, Fioleto and others, as well as the Zhemchuzhina children’s camp.

We were unable to obtain a comment from Democracy LLC representatives as to which part of the confiscated restaurant building was used for the hotel during the preparation of the publication. The authors of Kommersant-Kuban sent a request to the office of the mayor of Anapa to comment on the legal reasons for using the municipal land as a closed beach complex and the legality of the construction of swimming pools.

It is known that the office of the mayor of Anapa continues to seek the demolition of the illegally erected building of the restaurant Porto Nero and the seizure of the land under it. The corresponding claim is being considered by the Kuban Arbitration Court. The first instance satisfied the statement of claim of the administration, recognized the property right of Gennady Eremenko as absent and ordered the demolition of the illegal building. The Fifteenth Arbitration Court of Appeal suspended the examination of Mr. Eremenko’s complaint until the decision for confiscation of property in favor of the state enters into force. According to the court website, the case has not been repeated.

Natalia Nesterenko

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