How to protect your property from Raider

28.09.2010 18:49
Increasingly, to raider attacks are not industrial plants or real estate owned by legal persons, and apartments and land ...

The essence of the problem

Igor Andreev, Legal Counsel:


"In 2007 I had to participate in the litigation of raider attacks are not a factory or enterprise, and ordinary residential apartments. My friend, call him Anton, a member of the Ukrainian representative of the European company, went a long (more than six months) training in the UK. And my apartment He left with virtually no supervision, relying on the alarm system, connected to the control of the State Service. It is worth adding that his house was located in a new home in the prestigious district of the capital and the cost at that time more than one hundred thousand dollars.

After returning to Ukraine, Anton was surprised to find in his apartment strangers. New residents presented documents, which implied that property now belongs to them, and they bought an apartment from a certain citizen. All documents from the intruders were in order, where necessary - notarized. Settled temporarily with friends, former owner of the expensive real estate tried to figure out how it happened that his house has changed owner, and without the slightest knowledge of the owner and the like, even a legitimate manner.

Information:

The main legislative acts regulating the protection of property

• The Constitution of Ukraine

• Penal Code

• Civil Code

Revealed that less than a week after the departure of Anton, as neighbors from the bottom appealed to the court for compensation for damages. The fact that the documents provided it appeared that their apartment was flooded, and damaged an expensive home appliances - PCs, televisions, and other household appliances. Total losses exceeded 100 thousand UAH, that the plaintiffs and asked to collect from the owner of the apartment where the alleged incident occurred. Acting strictly within the law, the judge repeatedly directed to Anton agenda, but staying in while in Britain the young man, of course, they are not known.

As a result, the case was heard without the defendant, and on the basis of the documents and the testimony of some "witnesses" the minister Themis decided to accede to the claim and ordered Anton pay compensation for damages. And a couple of weeks in a different court was filed with the request to sell an apartment, because the debtor does not want to pay compensation. The situation repeated itself: the court directed the summons, the defendant did not come to meetings, and the case was heard in his absence.

Of course, the claim is satisfied, appointed appraiser, who determined the value of the property at 130 thousand UAH, promptly organized the auction. The results of the auction appealed, once the court found them legitimate, were straightened new legal documents, and the apartment has officially changed its owner.

Anton own things were taken to a special warehouse and the amount remaining after payment of "duty" to neighbors, mostly went to pay various fees and repayment costs of storage. Attempts robbed the owner to restore justice either to no avail - the court found the new owners of bona fide purchasers. "

Assessment of the situation

Andrey Tsymbal, security expert at the business:

"Increasingly, to raider attacks are not industrial plants or real estate owned by legal persons, and apartments and land plots owned by ordinary citizens. Of course, the big and famous raider of neglect such a small operation, but by individuals, corporate takeovers, participate in the domestic corporate raid. This is easily explained, because the select property from ordinary citizens simply, risk and time costs are minimal and the profit could easily recoup them with a vengeance.

The only possibility to defend their rights - to attract maximum attention to the conflict. That is to write statements and appeals to the Ministry of Internal Affairs, Prosecutor`s Office, SBU, parliamentary committees and various commissions in the Cabinet, to go all the way to the president

Different methods of achieving the right judgments, forging documents and recruiting to the schemes of law enforcement officers, the occupants are quickly and secretly.

In most cases, the landlord finds out that his property interest in Raiders, only after they are in his apartment with orders and in the presence gosispolniteley and policemen. A characteristic feature of many conquests is increasingly becoming a multiple commission sales transactions the object of attack, and each such action being appealed in court.

And as the servants of Themis recognize the legitimacy of the transaction, which is extremely difficult to further challenge the validity of the sale or purchase of such apartments. In my experience, if the Raiders wisely and carefully prepared attack, provided a few "right" decision of the court and took the time to uphold justice by legal means possible. "

Recommendations

Arthur Katantsev, Senior Associate:


"The owner of the apartment, suddenly having lost their property, of course, may try to" Unwind "invaders built a chain of sales transactions, confirmed the court decision. However, experience shows that to achieve real results in this way is extremely difficult and sometimes impossible.

Effective ways to protect against the attack of domestic corporate raiders, to my knowledge, no. The only possibility that at least theoretically, to help protect their rights - to try to draw maximum attention to the conflict. That is to write statements and appeals to the Ministry of Internal Affairs, Prosecutor`s Office, SBU, parliamentary committees and various commissions in the Cabinet, to address all the required court until the president.

Useful and engaging as many media - raiders do not like to "work" under scrutiny, TV and press. If it is possible to achieve wide publicity the incident, it is not excluded that the raiders, and the judges will be afraid to continue the confrontation and would prefer to drop the case "on the brakes, temporarily or permanently abandoned their plans."

Jurisprudence

Contract, which is not


One of the most popular methods for capturing a foreign real estate - challenging the sale and purchase agreement. A few years ago in Kiev`s courts considered the dispute over the ownership of the apartment.

A few weeks after making the transaction the buyer was in an unpleasant situation: the court has addressed a gentleman who claims that, in fact apartment should belong to him. Ostensibly the previous owner signed a preliminary agreement under which it undertook to sell the apartment to the plaintiff. Respectively, addressed the court Mr demanded to terminate the contract of sale and to oblige the former owner to make a deal with him. The court took into account the arguments of the applicant, declared illegal a contract of sale and ordered the former owner to sell the apartment to the plaintiff.

Based on this decision, the invader could get new legal documents and using gosispolnitelya and police to evict the alleged illegally living in his apartment buyer. However, later the case was heard in the Court of Appeal, but Justice has not yet been restored - the court several times to return the case for retrial, and meanwhile, the plaintiff had already managed to sell the apartment.
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