I took money in bank - give with percent
Yury Mikhaylovich Li arrived to Baratovk's village of the Snigirevsky area from Tashkent 30 years ago. Having lodged with a family in a usual resettlement state-farm lodge and having leased the earth, I began to be engaged in agricultural products cultivation. Well, and when the earth распаевали, I leased the earth of shareholders, gradually increasing cultivated areas. Generally, affairs went not bad: I paid off with people in time, I helped the Village Council to solve social problems in the village. And two years were withdrawn by the bank credit and got the CK-5 brand new combine "the Field Effect" the worth 278 thousand hryvnias. As a deposit the bank took the bought combine. Regularly, as far as the financial state allowed, the agricultural producer paid the bank percent, however the burst financial crisis couldn't but be reflected in its small private enterprise "Asia" - time when the borrower couldn't pay off with bank approached. From 280 thousand hryvnias taken in bank, behind it there was a debt in the sum of 218 thousand hryvnias. Taken place in May of last year at the initiative of bankers the district court obliged Yury Mikhaylovich Li to satisfy the formed credit debt voluntary. For the subjective reasons the debt again wasn't extinguished. In October the decision on compulsory collecting money from the debtor is made. The executive service opens production: describes property including the combine, and leaves it on responsible storage to the debtor as to the director.
Where the combine disappeared?
- Approximately in December of last year I was called by the state performer Vladimir Markovsky, - Yury Mikhaylovich Li tells, - and told that the combine which is at me stored, is estimated in 260 thousand hryvnias. Though none of appraisers didn't come to survey of technical condition of the combine stored at me, but I didn't begin to argue with the announced assessment.
In principle, Yury Li judged logically: if the combine is estimated in 260 thousand hryvnias, and it owes bank of 218 thousand hryvnias, to it there will be an impressive difference in 42 thousand hryvnias which it will be able to start up for needs of agricultural production.
- On March 14 to me the judicial performer Vladimir Markovsky together with the certain citizen Sergey Kaply presented by the representative of bank came, a bit later I learned that it has no relation to bank, - Yury Mikhaylovich continues, - and forcibly withdrew the combine and a disk harrow. Next day there arrived one Kaply and took away the property withdrawn by the judicial performer. I called me Markov later and I reported that Kaply is the director who, allegedly, will be engaged in realization of the withdrawn property. Also it will be stored, according to the performer, in the city of Nikolaev on a shtrafploshchadka. Nevertheless, the agricultural stock withdrawn from me remained in Snigirevke. I saw how all this time it stood in the territory of the Agronefteprodukt enterprise with which I closely cooperated. Literally in 10 days of the combine and the disk harrow there didn't become. As the director of the enterprise A told me. Pirumyan, the combine "drove" to the May Day area. About it he learned from the people who have arrived behind the combine. And still they told that, allegedly, bought this combine for 300 thousand hryvnias. The truth it or not, I don't know, only I lost a track of the combine.
On all questions to the executive service, connected with location of the confiscated agricultural machinery, Yury Mikhaylovich received the same answer: the withdrawn property supposedly on a shtrafploshchadka. Its requests to report the address of this shtrafploshchadka, weren't crowned with success: pier, everything is known "фирмач" by Kaply, to it and all questions. Attempts to find Kapliya also were unsuccessful: in spite of the fact that it is registered in the M village - Larino Zhovtnevogo of the area, however houses didn't manage to be found it and technicians near the house it wasn't visible.
Passed half a year. The grain-harvesting season approached to end.
- In August I was called by the state performer Vladimir Markovsky and reported that my combine, it seems as, isn't on sale at the estimated price, and I have to drive up to them in executive service to put the signature in the act of revaluation of cost of the combine, - with indignation Yury Mikhaylovich tells. - I, certainly, arrived, however the signature under the document on a markdown of the combine didn't put as long ago I didn't see the unit. And again I demanded to give the address where I can see the combine. After that Markov told me the address - Mikhaylo's village - Larino Zhovtnevogo of the area, a mekhdvor of the former state farm "Ilyich's Guard". Next day I there went together with the lawyer.In the presence of the chairman of the local Village Council we drew up the statement that no combine on a mekhdvor is present.
Only on September 20 Yury Mikhaylovich was called by his lawyer and told that in executive service reported about that, on September 21 at 17 o'clock he will be able to see the confiscated combine.
For whom the seized property worked?
- On September 21 in the presence of the judicial performer Markovsky, "seller" Kapliya and my lawyer to me, at last - that, showed the combine withdrawn from me, it stood in JSC Ukragrotekhnika territory in the Zhovtnevy area, - Yury Li tells. - It why - that was already without grain harvester, dirty from a field dust. Its technical condition was awful. The naked eye visible that the combine is just removed from harvesting. The thin paint coat put on a door of a cabin, couldn't hide an outline of last inscription - ChMP "Asia". The cabin didn't manage to be examined, the key at anybody didn't appear. On my question to Sergey Kaply about where the combine was stored, that rapped out: pier, all the time in this territory. Nevertheless, I learned from security guards of this enterprise that the combine here drove on September 20 at 2 o'clock in the morning. About it there was a mark in the magazine of delivery of watches.
As Yury Mikhaylovich reported, the fact of use of the confiscated property for a profit is confirmed even visually. From it confiscated the combine after sunflower cleaning - in the bunker its remains were visible, now there were traces from grain crops. Besides, at combine withdrawal моточасы made 646, it was recorded by Yury Mikhaylovich, and now they stand on a mark 903. Whether direct it proofs of what the combine didn't stand at all on a shtrafploshchadka how the state performer claimed, and strenuously worked, earning money? For whom the confiscated combine worked, it is easy to guess.
Well, and the disk harrow which withdrew together with the combine, at all appeared in area Peresadovk Zhovtnevogo's village. Well and harvesters from combines were in Pavlovk's village of the Snigirevsky area. Dirty from a steppe dust, they modestly huddled on the current, dumped on a heap. Workers of current explained that brought them back.
Court yes business
Yury Mikhaylovich - the person law-abiding, and on the actions of the state performer Vladimir Markovsky which have entailed drawing to its agricultural enterprise of material damage, it submitted the statement of claim to district court.Whether protecting honor of public service, whether for what other reasons, the judge of district court Z. Kishkovskaya rejected the claim, having recognized that the judicial performer acted within the law. Notice, the court took place on September 23, and on September 21, just in exactly before meeting, the respondent in the person of the state performer of department of the public executive service of Snigirevsky regional justice department Vladimir Markovsky decided to show to the claimant his combine supposedly look and rejoice. From where it there drove while it isn't known. Today the claimant prepares the appeal on the judgment of district court. Hopes that colleagues from appellate court will objectively consider case, and justice will triumph. Besides, Yury Mikhaylovich wrote the complaint to the regional prosecutor where stated all facts, testifying abuse of official position of officials of executive service.
- According to this complaint the prosecutor's office refused initiation of legal proceedings, - the senior investigator of regional prosecutor's office Victor Vishnevsky explains, - because for today still there is no act on combine revaluation, therefore, there is while also no sum of the caused damage.
Victor Alekseevich expressed also the personal opinion on this fact: there was no need to sign the contract with Sergey Kaply which has no conditions for storage of such unit. Even last "pier" of the confiscated combine - "Ukragrotekhniki's" territory - can't serve as a storage place as there is no contract for agricultural machinery storage. And if someone disassembles the combine on the spare part who will answer, unclear. Whereas Yury Li has a special hangar where the confiscated combine was stored. What need was to withdraw it? - the investigator of prosecutor's office asks a question.
Visit of the journalist of "NB" to regional executive service was less successful. The state performer Vladimir Markovsky and the head of department Dmitry Knyazev refused flatly something to make comments on the matter.
- Materials of executive production aren't given to anybody, - the young head of service rapped out.
Here also communicated …
Instead of an epilog
Preparing this material for printing, the author had to shovel a great lot of acts concerning the rights and duties of staff of executive service. Really, they are protected by the law much more strongly, than any of the mortal.And to battle to them in ship instances, especially in detail to prove a collusion Markov and Kapliya, for Yury Mikhaylovich Li it will be difficult. However he is a person basic, and considering that the facts of use of the combine confiscated from it it is available, he intends to fight for justice up to the European court. Also put here at all in principle, and in desire to learn the truth.
"The Nikolaev business"