Observed whether the legislation in the sphere of land relations in Ukraine?





26.10.2010 11:24
Articles about real estate | Observed whether the legislation in the sphere of land relations in Ukraine? June 23 this year by the Head of State established an interdepartmental working group to review the compliance status of legislation in the sphere of land relations, headed by the deputy head of the Presidential Administration Gennady Vasilyev.

The main purpose of its activities - the protection of constitutional property rights of citizens on the ground, to investigate the situation to determine how these or other actions with the land are in the field of law, as well as for the settlement of unresolved issues, writes the Mirror of the week.

Term to restore order in the said area is defined fairly short - just six months. The fact that we managed to turn out and what the situation is even with the return of land affairs in the mainstream of legitimate, recognized our correspondent says.

Cuts of the land pie conducted with Caves hills?

Although the crisis hit and the price of land, which is much cheaper, a business interest in the "liquid" latifundia - primarily recreational and recreational, historical, cultural, nature reserves and other special purposes, as well as water and forest resources - not disappears.

We mean that the business interest, which is supported by a single stroke of a bureaucratic pen-paid or a court decision, when you hear the best pieces of Ukrainian land "pie" wicked moneybags. It is known that in Ukraine to conduct an operation with the law of the land "and" to "I" is almost impossible due to the conciliation of bureaucracy, due to the right official to give or withhold permission.

It is so opaque deals that might have occurred during the past five years, and interests of participants of the above working group. The result of their attention has become the return of more than 2,1 thousand hectares of valuable land in state ownership, in particular the networks of the "shadow" of privatization and waste.

Of course, that this process created a considerable role is played this year, the department of financial and economic security of the Ukrainian Interior Ministry, whose employees are constantly on business trips, discovering new and new deals with the land.

It is thanks to the efforts of those units and their colleagues from the State Service to combat economic crime and GUBOP already opened 523 criminal cases in which we are talking about abuse in the field of land relations (22 of them - bribery), and 27 those involved have already deservedly condemned. In addition, initiated by the presentation of nearly 430 protesters on the return of illegally acquired plots from illegal use and possession.

"Transactions with Ukrainian land became extremely lucrative business, especially with the beginning of the process unsoldering former farm land. It is known that a considerable part of such operations carried out outside the legal field with the help of technology, participants spent the shadow of the land market, - said Deputy Minister of Internal Affairs of Ukraine, major general of militia Valery Koryachkin. -

Of course, anyone who earns capital thus uses the imperfect legislation, which now regulates relations in this region, and the lack of clear market-based mechanisms change in the ownership sections of all forms of ownership.

There are entire groups, covering the scam at all levels. It is composed of officials of local self-government, law enforcement officers, judges, lawyers and notaries. Leadership of the state has adopted, as for me, a very important decision on the audit of all cases of land to start a dialogue with the investor, landowner and honest farmers, developer of the new, transparent conditions.

Of course, that while a moratorium on land sales would end sooner or later, and will be annoyed if with the establishment of a land market will find that the most attractive pieces of Ukrainian black soil, even protected, pristine areas that are formally owned by the state, in fact, already in someone's private hands. Then the land reform would lose its decisive weight. "

The first results of an interagency working group can make a conclusion: so far the main factor of land deribana acted precisely administrative resources of power - both local and central. Reached that of the top power Pechersk hills and to the relevant institutions, took the licensing and supervisory functions on the distribution of land (municipality, village councils, BTI, state administration and the like), lined up a clear vertical pribiraniya to the hands of hundreds of thousands of hectares of the best.

Now colleagues Valeria Koryachkina must unravel the tangles of such corruption, learn about which ordinary Ukrainians, at one time might want to change my life and supported the slogan Maidan on justice and prisons for thieves, will be at least unpleasant.

And what other emotions can be expected from the fact that in some places councils of deputies and zemkomissii turned into such things cabal on the distribution of national property, which is the earth? Were satisfied with dodgers, who are already nadurnyak pick up parcels. But apparently, it's time to report and open maps - play it blind no longer be possible.

Gown in black soil

Now law enforcement agencies, despite the fierce resistance of the involved land deribanu people continue to identify links in the mechanism of falsification and fraud. One can only imagine how nervous are those who rudely grabbed a piece of field, forest or a mountain valley. Do not open the secrets that this issue is most acute for the capital region, the Crimea and recreation areas and areas near water bodies in Cherkassy, Zaporozhye, Volyn regions and Transcarpathia.

Not a secret and what is no land scam has not been without mismanagement officials why they have become possible. One of the most notorious is the case of fraud in Lisnyky Kiev Svyatoshinskiy district metropolitan area. The essence of the "resonance" that is not without the participation of the village council chairman (previously worked there agency) within the village illegally allocated nearly 10 hectares of forest that have already started to cut down. Conducted by the police seizure of the documents revealed the existence of the group of conspirators who secretly managed to enter the forest in the border village (this is the competence of government), and then donated the property unsoldering 33 citizens.

Undoubtedly, the ultimate goal of "Lesnikovskaya group" was the sale of land and further zavualirovanie the whole circuit. The other day the prosecutor of the Kiev region, Alexander Gardetsky said that among the 16 people who illegally received allotments within Lesnikovskaya village council, have relatives of former leaders of the Cabinet, in which the powers have issued patches. The Prosecutor's Office has prepared a claim for the return of land to the state and apply a number of measures to prevent such incidents receive allotments.

On the other bank of the Dnieper - in Brovarskom district of Kiev region - with the help of search operations exposed by massive land scam, the authorship of which is still unknown. Although, oddly enough, but the investigation has yet to establish fraud, which took over the territory Knyazhitskogo Zazimskogo and village councils near plots worth over 20 million hryvnia (700 hectares belonging to 529 farmers, shareholders, - now, these lands were arrested) and legalized ownership on them.

Dealers shadow land market within five nominees provided two gorraysuda fake promissory notes and statements of shareholders to consider a civil case without them. That is artificially took out a loan, the collateral which was a land share. Who would doubt that during these meetings, admitted the claims on the transfer of stock in repayment of debt.

Armed with the verdict, the participants in the scheme by changing the destination sites (with the knowledge of agriculture to conduct part-time farms) became the owners in favor of four-TOV. It turns out that the court considered the issue of alienation of the site in favor of the creditor allegedly saw only what the debtor had neither money nor property to repay the loan, and only owned land liquidity. Then satisfy the creditor's claim, and the land passed to him. Further scheme is as follows: the creditor sells land to a legal entity, which prepares documents, divides these acres into pieces and re-sells.

Of course, the legal entity suddenly go bankrupt, and "physical" is considered by law an honest buyer who has to pick up and return to the bosom of the state "drift" weave, which in some places the building is - it is almost hopeless, because the court finds the owner of any bona fide purchaser of its property rights!

"We already know that such an illegal decision servants of Themis stamp for two consecutive years. "Nashtampovali" them almost half a millennium. As a result, five hundred peasants, alienated sections of the court. Sad, but it is a typical example of making illegal decisions by the courts in cases of land relations, - said Valeriy Koryachkin.

- Often with the court shall require the executive to commit unlawful acts knowingly with respect to the transfer stations in the property business entities and individuals. Addressed to the Supreme Council of Justice, we have sent the request to the grounds for dismissal of judges gorraysuda Kiev region, who participated in this disgrace. And it is the result of this appeal: by order of parliament for violating the oath of a judge dismissed Borispol gorraysuda.

Indeed, one can not but agree with Mr. Koryachkina. Look to the Internet, newspaper and just printed out messages on a pole about the following content: "legitimize samostroy and your land." And everything becomes clear - in Ukraine are working in full swing and the company firmochki that legitimizes squatting on land. Of course, after the court decision.

That the fate of the moratorium we prophesied?

But the "break wood", not only in the courts. Continue to surprise her pearls to the Kiev mayor's office last year, which became known only now, when before they are said to have reached the hands of the interdepartmental working group. For example, the worth of fraud, the scrolled during the exclusion plots in the Desna and Solomenskiy areas of Kiev.

Their essence is that in 2008 individuals for a nominal fee (ranging from 300 hryvnia to $ 300) offered to write an application with a request to allocate them plots of the capital zemelku. The City Council is absolutely free of charge assigned the applicants land. But the happy owners of this for some reason were not reported. Although they were not given any powers of attorney and the state certificate of ownership had never seen. And they were legitimate weave ... alienated in favor of a relative of a former deputy chairmen KSCA and former leadership Solomenska RGA.

We hope that the above inter-ministerial working group will assess and other similar decisions of the Kiev authorities. It is, in particular, the suspiciously generous distribution of land to beetles island. And the reason is - almost a year ago, the Economic Court of Kyiv invalidated the decision of city council in 2007, nine times reduce the area reserve "Zhukov island" contrary to General Plan and the Programme for the Development of green area of the capital without the consent of the state administration of environmental protection, despite the continuing disagreement commission and city council protested the prosecutor's office. Would not hurt to deal with the new building "space" epoch in the history of the largest city of Ukraine, who have appeared or have been born in Holosievo, Pirogov, a Cossack on the island, Concha Zaspovskom Dachny and forest areas.

But lately, more and more attention is paid to reports from the Crimea. It seems there is a real war against the land raiders and land squatters solar Tavria. What good are reports of arrests and detentions there the responsible officials. Some hints that this new division. However, the Interior Ministry say that about any "redistribution" can not be and speeches - all are within the law and for the return of the shadows to the state illegally diverted land.

Next telegraphic text of excited on the peninsula "land" in criminal cases. Chapter Management ekoinspektsii Yuzhnokrymskogo region Reskomprirody Bocha suspected illegitimate issue findings on the harmonization of land management projects with respect to allotment of land for construction.

As it turned out that these plots ... located within the Yalta mountain-forest nature reserve. This officer, as chairman of the Livadia village council Mamykina detained. Because of "improper" coordination in jail and got deputy chief architect of the Yalta city council Mustafayev.

On the cover of a criminal case appeared the officers Alupka city council - he is accused of child abuse with the territory spetssanatoriya them. Bobrov. Mayor Alupki Kharitonov detained.

Yalta figures and other materials which are to be constructed in the park to them. Gagarin, when the sauce reconstruction trehetazhki one company erected a building at 16 floors. In general, many such problems in the Crimea, arises from the inconsistency border towns and cities, particularly in the areas of recreation in South Beach or on mountain-protected areas. Using this, some village councils think they "own". However, hardly a manifestation of holy innocence or provincial darkness.

Among other is to isolate the land around the well-known incident Koktebel estate Voloshin, who is associated with deribanom protected zone. Over a hundred years ago the landowner Jung bought the land in these places and decided to organize a model resort.

But due to financial difficulties of the plan refused and began to sell off land at retail. One of the stations acquired the mother of the poet and painter Maximilian Voloshin. By his own project that in 1913 built a house, eventually becoming a kind of Mecca for intellectuals. Today, there House of Writers of Ukraine and the museum. At one time the house Voloshin loaned to an entrepreneur. And already, he grabbed a neighbor's reserves.

There is a probability of occurrence of a number of criminal cases on land grabbing and the coastal protection zone of water protection zones along rivers, seas and all around the reservoirs. Enough to ride along the Dnieper River from Kiev to Cherkassy, to the Southern coast of Crimea or near Odessa - and gather up a few like "dirt" can be very easy. Because all built in the hundred-meter "beach" area (except for hydro, water, linear structures) is nothing like squatting.

Of course, someone will ask, why continue the audit of only those land agreements and decisions that were approved, starting from 2006? After all, the individual data, only for 2004 to various individuals and entities in the Kiev region were designed around a thousand hectares of land. Pertinent question, and the public interested in learning about the affairs of those times.

How to find the answer to the question that begs for last. Does not happen, so that on the eve of the abolition of the moratorium on the sale of agricultural land, some oligarchs can keep illegally cut of the earth, and with the opening of the market latifundia just formaliziruyut their legal status, respectively, physical, real property? We'll see ...
Mirror of the Week
Content tags: land
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