Illegal seizure of ownership of a house in the center of Kyiv (continuation of the crime)

For almost six years now, the owners of a private house at 34 Lomakivska Street (formerly Michurina Street) in Kyiv’s Pechersk district have been doing everything possible to regain ownership of their house, which was lost as a result of illegal actions by a group trying to take possession of other people’s property by forging documents and manipulating the real estate ownership register. The violation of the law was reported by the “Active Citizens” agency in the publication “The scheme of how a house in the center of Kyiv was seized and how they are trying to legalize the deal through the Kyiv City Council”.

In November 2017, on the basis of a forged contract of sale of a house, fraudsters entered a record in the State Register of Rights that the ownership of the house was transferred to a Ukrainian citizen, Halyna Pisotska, born in 1937. The real owners did not sign this contract and have never seen this person. On February 07, 2018, the Pechersk Department of the Main Department of the National Police in Kyiv registered criminal proceedings No. 12018100060000578, with a preliminary qualification under Part 1 of Article 358 of the Criminal Code of Ukraine (forgery of documents). In September 2018, the qualification of the criminal offense was changed to Part 3 of Art. 190 of the Criminal Code – fraud.

In fact, as follows from the letters of the Territorial Department of Justice in Kyiv No. G-2061 dated 12.06.2019 and No. G-120 dated 18.01.2022, private notary Tetyana Moiseenko did not certify the contract of sale of a house at 34 Michurina Street, Pechersk District, Kyiv on February 12, 2010, but another notarial act was performed on behalf of other persons on February 12, 2010 under registration No. 220.

The Kyiv State Notary Archive issued Natalia Hlyhalo a certificate No. 2396/01-17 dated 29.09.2022, which states that the entry in the register for registration of notarial acts of notary T.O. Moiseenko regarding the notarial act committed on 12.02.2010 under registration number 220 does not concern the alienation of a house located at 34 Michurina Street, Kyiv.

The fake contract was used to launch the scheme, the final goal of which was to privatize the land plot adjacent to the house. In the same November 2017, the house was re-registered first to PROPERTY CAPITAL LLC, registered in Brovary, and then, in December 2017, to TREND-LUX LTD, registered in London.

In February 2019, this company sold the house in three parts to Ukrainian citizens: Oleh Alekseev, Olha Alekseeva and Stepan Papp. At the same time, the addresses of 34-A and 34-B Michurina Street were used, which are not in the Kyiv Address Register. The absence of such addresses was confirmed by a letter from the Department of Urban Development and Architecture of the Kyiv City State Administration, as well as a letter from the Pechersk District State Administration. The respective sale and purchase agreements dated February 11, 2019 No. 17, 18, 19 were certified by a private notary of the Kyiv City Notary District Natalia Zueva.

In November 2019, Oleh Alekseev, Olha Alekseeva and Stepan Papp applied to the Kyiv City State Administration for the privatization of land plots. As a result, three draft decisions of the Kyiv City Council on the privatization of land plots by these citizens appeared, two of which were listed with non-existent addresses: Draft Decision of the Kyiv City Council No. 08/230-3320/PR of November 14, 2019, Draft Decision of The Kyiv City Council No. 08/231-3319/PR of November 14, 2019, and Draft Decision of the Kyiv City Council No 08/231-3321/PR of November 14, 2019.

On February 06, 2020, these dubious draft decisions were included in the agenda of the plenary session of the 8th convocation of the Kyiv City Council, but the deputies removed them from the agenda.

On October 27, 2021, after the local elections, with the new composition of the Kyiv City Council (9th convocation), a second attempt was made to “push” these projects – they were included in the agenda of the meeting of the Standing Committee on Architecture, Urban Development and Land Relations. This was reported by “Active Citizens” in the publication “Three projects legalizing the theft of land in the center of Kyiv got to the “land commission” of the Kyiv City Council”. But this time, too, the projects were removed from the agenda.

Obviously, based on the fact that these projects would not work out, because the deputies of the Kyiv City Council would not vote for them, another way was chosen – next re-registration of the ownership of the house. 

In 2023, a private notary of the Kyiv City Notary District, Andrii Lihun, re-registered the house to FAPD INTERNATIONAL BUISINESS INC, a corporation registered in Panama! On August 10, he certified contracts No. 4993 and No. 4994, according to which this Panamanian company transferred ownership of parts of the house at 34 Lomakivska Street and 34-A, and on October 2 – contract No. 6534, with the address 34-B Lomakivska Street.

In 2019, the Panamanian company FAPD INTERNATIONAL BUSINESS INC. “was involved in a scandalous story with an attempt to alienate part of the buildings of the Kyiv Ice Stadium at 9 Akademika Hlushkova Street. 

Did notary Ligun know what the situation was with the building at 34 Lomakivska Street? Part one of Article 51 of the Law of Ukraine “On Notaries” stipulates that a notary or an official performing notarial acts, in case of detection of a violation of the law during the performance of notarial acts, shall immediately notify the relevant law enforcement agencies to take the necessary measures.

In addition, notary Ligun certified a mortgage agreement, the main obligation of which is a loan agreement, the mortgagor (i.e. the person who mortgages the real estate) is the said Panamanian company, and the mortgagee (i.e. the lender) is Yelyzaveta Hrydenok. The principal obligation is due on October 30, 2023, and the amount of the principal obligation is UAH 2.8 million.

If the mortgagor FAPD INTERNATIONAL BUSINESS INC fails to fulfill its obligations under the transaction, the real estate that is the subject of the mortgage will be transferred by law to the mortgagee Yelyzaveta Hrydenok.

In September and October 2023, Natalia Hlyhalo filed several petitions in the police and the prosecutor’s office to stop these changes of “owners”. At the same time, in February 2020, the house had already been seized, and by periodically checking the State Register of Rights, one could see that there had been no changes in the register until August 2023.

Generally speaking, six years (starting in 2017) is more than enough time for the state to somehow protect the rights of the rightful owners of the house, who only want to avoid having their house taken away from them. Six years!!! What other phrases can express what these people really feel?