Scheme of how a house in the center of Kyiv was seized and how it is trying to legalize the deal through the Kyiv City Council

02.04.2021

2,628

The house at 34 Michurina Street in the Pecherskyi district of Kyiv

Cases of illegal seizure of citizens’ real estate – a fairly common phenomenon in modern Ukraine. The actions of criminals frequently go unpunished, because it takes much less time to commit a crime than to gather all the evidence and bring the case to court. Below is one striking example of how criminals try to seize a house and land. The Glygalo family from Kyiv addressed the editorial board of “Active Citizens” with this story.

This story happened in Kyiv. The criminals were interested in a one-storey house located at 34 Michurina Street in the Pechersk district of Kyiv. This house was bought by an elderly person in 1985. As Roman says, the grandfather gave the house to his children. In 2017, by alleged forgery of the №220 purchase and sale agreement, made retrospectively (dated February 12, 2010), the fraudsters re-registered the house for a citizen of Ukraine Galyna, born in 1937.

“The real owners did not sign this agreement and have never seen this person. It was from this agreement that the fraudsters began to implement the whole fraudulent scheme, the ultimate goal of which, as it turned out, was the privatization of our adjacent land. But before the fraudsters privatized the land, they re-registered the ownership of the house several times, with the help of state registrars and private notaries”, – said Natalia Hlyhalo.

The scheme of notarial actions was provided by “Active Citizens” by the Glygalo family

In December 2017, the real owners of the house saw changes in the State Register of Real Property Rights and turned to the police. On February 7, 2018, the Pechersk Police Department, Main Directorate of the National Police in Kyiv registered criminal proceedings №12018100060000578, according to the preliminary qualification under Part 1 of Art. 358 of the Criminal code of Ukraine (forgery of documents). In September 2018, the qualification of a criminal offense was changed to Part 3 of Art. 190 of the Criminal code of Ukraine – fraud.

The investigation progressed slowly, and to expedite it, the victims began to gather evidence on their own. They appealed to the Ministry of Justice of Ukraine to find out whether the №220 contract of 12 February 2010 had been notarized. This was answered by the Main Territorial Department of Justice in Kyiv on June 12, 2019, that in the notary cases of the Kyiv City Notary District Moiseenko Tetyana Oleksandrivna there is no contract of sale of the house, certified by a private notary Moiseenko TO February 12, 2010 under registration number 220. It was found that on February 12, 2010 under registration number 220 this private notary performed another notarial act.

According to part 5 of Art. 52 of the Law of Ukraine “On Notaries”, an entry in the register is the proof of a notarial act. In the part 4 of Art. 334 of the Civil Code of Ukraine is stated that the rights of immovable property that are subject to state registration arise from the date of such registration in accordance with the law. Thus, it can be seen that this agreement №220 of February 12, 2010, is a forgery.

But the new owner, already the company “TREND-LUX LIMITED”, on February 11, 2019 prepared documents for the division of the house into three parts, using the addresses of the 34-A and 34-B Michurin Street, which do not exist in the Register of addresses of Kyiv. The absence of such addresses was confirmed by a letter from the Department of Urban Planning and Architecture of the Kyiv City State Administration, as well as a letter from the Pechersk District State Administration.

All this did not prevent the company from selling the house to three citizens of Ukraine: Alekseev Oleg Vyacheslavovich, Alekseeva Olga Petrovna and Papp Stepan Ivanovich. Relevant purchase and sale agreements dated February 11, 2019 №№17,18,19 were certified by a private notary of the Kyiv City Notarial District Zueva N. V.

The notary immediately raises the question about this of how it was possible to draw up documents for parts of the house with non-existent addresses. According to item 4.1. Regulations on the register of addresses in the city of Kyiv, approved by the decision of the Kyiv City Council of May 22, 2013 №337 / 9394, assignment of postal addresses to real estate is carried out by the Department of Urban Planning and Architecture or the relevant district state administration in Kyiv with their subsequent entry in the Register address. Private notary Zueva N. V. when drawing up contracts, had to demand documents confirming the assignment of addresses to real estate objects, and be sure to check the availability of postal addresses in the Register of addresses: the 34-A Michurin Street and the 34-B Michurin Street in the Pechersk district of Kyiv. Since the assignment of such postal addresses was not carried out, the notary Zueva N. V. had to refuse to perform notarial acts, namely – in the state registration of contracts from February 11, 2019 №№18,19. Thus, the registration actions performed by a private notary do not comply with paragraph 1 of the first article 3 of the Law of Ukraine “On state registration of real rights to immovable property and their encumbrances”.

The culmination of this scheme took place in November 2019, when Alekseev O. V., Alekseeva O. P. and Papp S. I. appealed to the Kyiv City State Administration with applications for privatization of land plots. As a result, there were three draft decisions of the Kyiv City Council on the privatization of land by these citizens, two of which are listed with non-existent addresses: from 14.11.2019 №08 / 230–3320 / DRAFT DECISION OF THE KYIV CITY COUNCIL, from 14.11.2019 № 08 / 231–3319 / DRAFT DECISION OF THE KYIV CITY COUNCIL and from 14.11.2019 № 08 / 231–3321 / DRAFT DECISION OF THE KYIV CITY COUNCIL.

“These draft decisions on land privatization appeared on the Kyiv City Council website some time after the real owners of the house filed a lawsuit with the Pechersk District Court to claim their property from someone else’s illegal possession, cancel the state registration of real property rights and recognize rights. property, – Natalia continues. – On February 6, 2020, these dubious draft decisions were included in the agenda of the plenary session of the Kyiv City Council, but the deputies removed these drafts from the agenda. In February 2020, pursuant to the decision of the Pechersk District Court in Kyiv in the case №757 / 6799/20-k of February 17, 2020 on real estate on the 34, 34-A and 34-B Michurin Street, were arrested. However, now these draft decisions remain in the Kyiv City Council and can be included in the agenda of the next plenary sessions ”.

This is not the first story of fraudulent actions with private property on the Michurina Street. Residents of the house at the 44 Michurin Street have been trying to get their land back for 5 years. Read “Police brutally detained an activist over tea during a rally near the Cabinet of Ministers.”

Inf. “Active Citizens”

Переклад Водолазької Аліни