More than two years the conflict concerning raider capture of the land plot on Potemkinskaya St., 114/1, belonging as a private property to Grigoryev' family lasts.
The business concern "Investstroy Plus" controlled by the Nikolaev businessman Raphael Goroyan encroached on this small territory with a total area of 447 sq.m. While there are courts and prosecutor's office criminal case upon unauthorized capture of the earth opens, Goroyan, most likely, tries to press on a consequence by several indicative "shows" which have been skillfully played near the building of regional prosecutor's office.
The pier, "runs" prosecutor's office over the honest businessman, doesn't allow to work therefore we demand resignation of the prosecutor. Only why - that in interview to journalists "picketer" didn't mention the word that builds the business in others territory seized by it in the impudent and cynical image.
"You don't want on - normal, we will take away from you everything …"
The head office of the zernotreyderny company "Prometey" headed by the young and vigorous Caucasian Raphael Vagni Goroyan, is located on crossing of streets Garden and Potemkinsky. Near Grigoryev' land plot. It was constructed in due time by a way of repayment of private households. We will tell directly, a place - attractive: successful traffic intersection, "City - the Center" - opposite, to Soviet - no distance.
Grain business, undoubtedly, is very profitable business, to you not collective-farm beet to weed it therefore and no wonder that the zernotreyderny company "Prometey" in Nikolaev developed more than successfully. The firm extended, additional rooms therefore it was decided to redeem adjoining private possession of people were required. Also bought. All transactions on registration of contracts of purchase and sale went through the Investstroy Plus firm, headed by Gorayan's brother-in-law certain Mger Ampresovich Garutyunyan.
Everything went smoothly, discrepancy left only with Grigoryev who as it appeared, sold not all property belonging to them, having left itself a small site - 447 sq.m. on which there was the old tiny lodge constructed still by the grandfather of the head of family of Dmitry Grigoryev, and a small orchard.Even before sale of part of a household Grigoryev privatized these 4,47 hundred parts, having received on hands the act on the right of a private property. This document in a consequence also became a stumbling block.
Grigoryev with two children moved to live on the demountable apartment.
When Garutyunyan learned that on a decent ground which he bought at the successful price, there is still someone's private property, he was extremely enraged. Besides, for it the owner wanted the decent sum. The buyer categorically rejected Grigoryev's proposal, probably, having decided to take it on a starvation: pier where you will get to, all the same you will give up.
Raider capture or arbitrariness?
Further events were developed as in the detective movie. The workers employed by grain traders acted accurately: destroyed Grigoryev' wooden fence, removed from its structure slate and gate, cut down fruit trees. A bit later Grigoryev will see that from a shed the construction wood disappeared. Their numerous statements in militia about robbery from Investstroy Plus firm of due reaction didn't conceive. On everything it was felt that militiamen of violators cover, sending to the applicant one formal replies supposedly yes, really crime signs are seen, however owing to their low-importance they don't constitute public danger. That is, leaves, you plunder in broad daylight, and the militia doesn't see in it anything bad. Nobody was going to restore Grigoryev' plundered private property.
Besides, according to Grigoryev, grain traders began it to threaten: pier, give on - good better, instead of you want, we will take away. Probably, the words "give on-good" mean that price which was established by the buyer. Grigoryev on their tips disagreed. And differently couldn't be, after all the earth is in the downtown, besides their family has no housing, and growing-up two daughters - the Katyusha and Tanusha, force to think the head of family of their future. In principle, to Grigoryev was all the same who will buy a site from him: grain traders or someone another, it has an option at sale. However, on business everything looks differently.
Literally in the face of people the zinced fence which gate were closed by the weighty lock grew. Behind a fence there was round the clock a protection. Notice, the fence closely adjoined the building of the zernotreyderny company "Prometey". Grigoryev' land plot completely was behind a high construction fence.Now the private property Grigoryev could see only from the top floors adjoining "Center City". By the way, Grigoryev and the potential buyers who have expressed desire to get the land plot, however those there drove, having seen such situation, at once refused purchase.
Lawlessness in the rank of the law
In the people say that the best way of protection is an attack. Here also adopted grain traders this popular wisdom. Right after obtaining the formal reply from militia, Grigoryev send the summons. As it became clear in the statement of claim, they are accused by Garutyunyan "of an obstacle of development and firm expansion …". Allegedly Grigoryev, having refused to sell a household and the land plot, I caused to firm damage of 220 thousand 693 UAH. Claimants asked to seize a disputable site. The claim was rejected. Passed time. And again the new claim with the requirement of arrest of real estate of Grigoryev. What is in this case, in court sessions claimants considered as the main argument not concrete violations of their rights, and that current situation stirs them to construction intentions in this territory of shopping center.
For today Grigoryev on hands have the won courts of the first instance confirming their right of possession of a private property. The claimant submitted the appeal, passed more than 4 months, however the end isn't put to this trial still. It should be noted that certain judges of regional scale, strangely enough, don't recognize the act on the property right to the earth, as the document granting the right to use this earth. With their words, it only piece of paper. Here therefore and no wonder, from where at us the similar land conflicts and who stimulates them undertake. Unclear, why for today Grigoryev' earth under arrest, allegedly, by a court decision. The same judgments, as a rule, frighten off law enforcement agencies from acceptance of appropriate response measures. That is, leaves that certain judges create precedents which become subsequently analogy of the jurisprudence, skillfully used by offenders.
Besides, quite recently the Central district court directed criminal case on Garutyunyan's charge of the commission of crime, UK of Ukraine provided by Art. 356 (arbitrariness), to prosecutor's office of the Central district for carrying out a pretrial investigation.The Nikolaev human rights organization stood up for Grigoryev also, it sent the address in which asks the prosecutor not to take a position of the foreign observer to regional prosecutor's office, and to take drastic measures of reaction, it is possible even to arrest Goroyan R. and Garutyunyana M. for carrying out the next consideration of the case of raiders. Otherwise, the chairman of "The Nikolaev human rights group" Sergey Kurichenko writes the prosecutor, they will be compelled to address in the Prosecutor General's Office with the complaint to a shouting divergence of regional law enforcement agencies.
Except precedent with Grigoryev' family as Sergey Kurichenko told, there are some more the cases confirming illegal actions of representatives of zernotreyderny corporation "Prometey". So, residents of the house No. 102 on B. Morskoy St. repeatedly address for protection of the constitutional laws in militia, the city hall, ZhEK, prosecutor's office concerning rough violation from Prometey firm of rules of building and roof dismantle therefore integrity of apartments of residents was destroyed. According to residents, arrived them and threats of physical violence from Goroyan if they refuse to sell it the apartments. Then it took them on a starvation. So, in S. A. Lushpay' apartment as a result of analysis of an adjacent wall big cracks were formed, and at all it began impossible to live in the apartment of the pensioner A.I. Mikhaylenko therefore gas-men dismantled gas distributing and the cap on two apartments is established. The interesting answer was sent by militia to the pensioners, asking to bring criminal case against violators. You judge: "deliberate damage of property of citizens (Art. 94 of UK of Ukraine) is excited by law-enforcement bodies only if the damage is caused in especially large sizes, and for compensation of material damage it is necessary to appeal to court in a private order" the chief of the Central regional department of militia V. Dolinsky writes in February of last year. So that's that! Go supposedly old women, to court, there to you will help, and to us don't prevent to work.
And quite recently, as Alla Nikolaevna Mikhaylenko told journalists of ICTV, she became the participant of the conflict which has arisen between representatives of adjoining Vladam and Prometheus firm. The essence of the conflict was that representatives of "Prometheus" препятстволвали to "Vladam" in intentions to perform strengthening works of the collapsing building. "It is our property, don't climb there..." - thus grain traders confirmed the words with threats, obscene abuse and swung in the face of the dumbfounded people the gun.
Initially for completeness of carrying out journalistic investigation, having got number of the mobile phone, I tried to contact mister Goroyan in a telephone mode and to agree about a meeting, however, having heard the main point, Raphael Garayan refused to communicate with the journalist flatly further. He suggested to talk to his lawyer, and number of its phone asked not to dial any more. It is my private property, I ask not to disturb any more me, the interlocutor rapped out. Frankly speaking, though the deposit from such communication was unpleasant, but this short dialogue accurately characterized the person. A bit later in the local press there were image articles about the businessman Goroyan, about what he warm and fuzzy as helps people …
Surprises another: why in our city permissibly here such гороянам with impunity to make similar acts. Why the militia and prosecutor's office won't put them into place? After all, as our President likes to speak, all of us are equal before the law. Or, can …? Well, well, we will live, we will see.