There was yours, became – ours! or history, how "the farmer - the public man" others lands распаевывал

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Unpleasant news

In December, 1995 Elena Stanislavovna Ivanova received in continuous using of 43,8 Hectares of the earth of agricultural purpose for maintaining a farm. After obtaining the act on a right of use of the earth I created a farm of "Ariadn" and, having signed the contract on joint activity with state of emergency by Safelkin, throughout a row of years was engaged in production of agricultural products.

So was till December 10, 2007, there was yet no need of prolongation of the contract with Safelkin for new term. This day the farmer Safelkin told to Elena Stanislavovna that heard from one person, be - that the earth to her on the right of continuous using, any more doesn't belong. In the Kalarovsky Village Council confirmed this information. Told that the earth, really, long ago распаевана and is transferred to other people on the right of a private property.

At clarification of circumstances on which the state lands allocated in continuous using became property of the third parties, Elena Stanislavovna managed to establish that owners of these lands, that without knowing, there were former members of her farm. Meanwhile, none of them never were engaged in an earth raspayevaniye, anybody on it didn't authorize and the state acts on the property right didn't receive. Moreover, the question of a raspayevaniye of these lands was already discussed earlier at general meeting of a farm of "Ariadn" at which unanimously solved: lands which are in using at Elena Stanislavovna, not распаевывать. About what it was written down in the meeting protocol.

During further appeals to various instances Elena Stanislavovna learned that actually raspayevky earth and receiving documents of title her ex-husband Ivanov Vitaly Yuryevich was engaged.

Purgatory.

So, after appeals to various instances Elena Stanislavovna learned that the raspayevky earth and receiving documents of title her ex-husband Ivanov Vitaly Yuryevich was engaged.Without having on that appropriate authority, it submitted from her name and on behalf of the former members of a farm of "Ariadn" necessary statements to all land use planning and proyektno - the prospecting organizations, and also to local governments of the Zhovtnevy area. And in a case, when personal presence of people was required, on which it was made raspayevany lands (for example, at delimitation of the section and drawing up acts of an apportionment of the land plots in nature), I provided documents in which there were their counterfeit signatures. It is necessary to guess only, what arguments it thus used for representatives of bodies of authority and management, in any case, none of them didn't stop its illegal actions. Moreover, civil servants approved as personal signatures and the seals counterfeit documents, on which, allegedly at their presence (!) members of a farm of "Ariadn" undersigned, giving that legitimacy to counterfeit acts and giving Ivanova opportunity on further illegal actions up to receiving documents of title on people, will of a case become illegal owners of land.

In regional prosecutor's office where with the statement for the committed crime Elena Stanislavovna addressed, first didn't become interested in her message. The statement was sent to prosecutor's office of the Zhovtnevy area, and then, to regional department of militia where him safely "buried". And all anything and the persistent declarant decided to arrange on it "commemoration".

On January 8, 2008 she addressed again in regional prosecutor's office with the repeated statement in which asked not to send it to subordinate bodies, and to consider forces of the office of regional prosecutor's office. In the request the declarant recognized that the crimes of the similar scale connected with frauds and illegal privatization of tens hectares of the earth, besides made with the assistance of officials and civil servants, have to be in competence of regional prosecutor's office, instead of regional militia, on whose help in the real business she couldn't count. About same she wrote and to the Prosecutor General's Office of Ukraine.

After the appeal to the Prosecutor General's Office, in Elena Stanislavovna's statement closely were engaged in prosecutor's office of the Zhovtnevy area. The best experts were involved, the course of check was under personal control at the Prosecutor of the area.

The experts who were carrying out an inspection, were personally convinced that in regional department of militia where Elena Stanislavovna's statement originally got, in this business, practically, weren't engaged. For all the time that it there was, from eleven people, on whose name Ivanov распаевал lands, interrogated only three participants of the transaction. Nobody interrogated the declarant and didn't claim the documents of her farm confirming the facts stated in the statement. It wasn't carried out any expertize by determination of authenticity of privatization documents where 11 acts of the earth delimitation, two powers of attorney from citizens and the farm head, and also the written consent of these citizens to area reduction allegedly "put by it under the Law" a land share are forged. So pocherkovedchesky examination defines authenticity and legality of the signature made by the person, and the state and the law reveal legitimacy of carrying out these or those actions.

Instead of all listed actions which could reveal persons guilty of a crime, the resolution on refusal in initiation of legal proceedings in the absence of the dissatisfied party was accepted. Referring to invalid standard of the Land Code of Ukraine (become invalid according to the decision of the Constitutional court), to it explained that she can't be recognized as the victim as the earth which it lost, on the property right doesn't belong to it. That according to the new Land Code it all the same had to renew it - either to lease, or to redeem from the state. As for counterfeit acts of delimitation of the earth in number of 11 (!) pieces, answered it it that similar practice is widely used in land department of the Zhovtnevy Area for procedure acceleration on an apportionment of lands in nature. At least, quite so I explained to law enforcement officers the actions the former chief of this department - Shkrabak A.I. which, allegedly in the presence of the representative proyektno - prospecting firm "Limb" and the citizens who have received in property land shares, certified counterfeit Acts the signature and the press.

In a word, according to police officers, from "not absolutely lawful actions" Ivanova V. Yu. and a number of civil servants, nobody suffered. Simply people on whom Ivanov распаевал others lands, were "gifted", and for it criminal liability in the Law it isn't provided.

Elena Stanislavovna categorically didn't agree with this statement.In - the first because actually nobody "presented" these people. Moreover, as soon as Ivanov took control of Acts on others earth, he right there began to dispose of it at discretion, - looked for under a fertile layer of a deposit of sand, advertized in the newspaper in which, being represented by the owner, offered the earth in rent and, even, despite the moratorium, "considered a question of its sale or an exchange". To carry out conceived it was prevented only by that circumstance that Elena Stanislavovna learned about an illegal raspayevka of the earth and addressed about it in prosecutor's office. And, at last, it on hands had expert opinion on the market cost of illegally aloof earth, and also the conclusion of the expert confirming a direct loss and missed benefit from - for failure of sowing works. In total, the damage for the sum over 450 thousand UAH was personally caused to the state and it. and she, quite reasonably considered herself as the victim, despite the official resolution on refusal in initiation of legal proceedings which by mail, by the way, she didn't receive.

All arguments adduced by Elena Stanislavovna and arguments were attentively studied in Zhovtnevy prosecutor's office, compared with other facts and indications of witnesses. As a result, 30.05.2008г. five months later after Elena Stanislavovna's first appeal to regional prosecutor's office, criminal case all - was brought, but not concerning Ivanov whom she considers as the main organizer and responsible for this crime, and upon forgery by "the unidentified person".

I - not I, and not my signature!

We won't tire readers with the description of all procedural subtleties, from - for which Prosecutor of the Zhovtnevy area, accepted such decision "flowed round", at first sight. We will tell only that for establishment of the perpetrator or the group of persons, committed this crime and furthermore, for the proof of their fault, it is required much more time, than it is allocated for the staff of prosecutor's office on verification of statements of citizens as the general supervision. Especially as Ivanov after him acquainted with results of examination, changed the former indications and all questions began to answer that documentation on a raspayevaniye of lands of Elena Stanislavovna (including counterfeit Acts on delimitation), was prepared not by him, and his lawyer - Petrov. And it is very difficult to prove the return.For this purpose it is necessary to carry out the whole complex quickly - search actions and procedural actions for seizure of documents, examination of handwritings and signatures of all persons participating in business, etc. In a word, investigation of affairs on fraud and forgery - long and laborious procedure.

For this reason Elena Stanislavovna decided not to wait for results of an official consequence, and made own attempt to understand in this case.

First of all, it reconsidered again everything available for it on hands the documents connected with the earth. And such at Elena Stanislavovna for the last some months accumulated much. Among them there was also the State Act, No. 00332 MK series of the February 6, 1997, given out to Ivanov on a right of use of the earth of agricultural appointment and assured by the staff of Zhovtnevy administration. That - that Elena Stanislavovna when found out was surprised that this State Act, is completed with the same hand, as all counterfeit Acts on delimitation of its earth and the statement in Limb firm which were given by Ivanov on behalf of figureheads on production of technical documentation.

Considering that it is a question of the document executed on the State form with serial number access to which is strictly limited, Petrov couldn't fill it in any way and sign. Only the civil servant authorized on similar actions could make it. Besides Petrov at the time of drawing up this Act yet didn't live in Nikolaev and with Ivanov at all wasn't a sign. However, it and the lawyer at that time couldn't work as only - only I graduated from school.

Then Ivanov specially stipulates the young assistant? After all if to allow, as counterfeit Acts of earth delimitation, and statements in Limb firm on production of project documentation were filled in by Petrov, leaves, he specially in 1997 arrived from Kiev to Nikolaev to fill in the State Act issued to Ivanov on the right of continuous using the earth in Zhovtnevy administration. It is asked: by what right 19 - the summer young man who is living in Kiev and not having any relation to Zhovtnevy administration, was engaged in registration of the state documents addressed to the unknown to it the farmer Ivanov?

If to assume that all these documents were made by Ivanov, there is other question:On what basis he on itself(himself) issued the State Act, gave out him to itself and who supplied it for this purpose with the serial number form? At us that, in Zhovtnevy administration, self-service? Or "the farmer - the public man" Ivanov works in her on a voluntary basis?

There is only one explanation, - all called documents were filled in by the civil servant, - the employee of Zhovtnevy administration who had in 1997 access to registration of the State Act of the MK series No. 00332, given out addressed to Ivanov, and in 2007 to counterfeit acts on delimitation of the earth and other project documentation of Limb firm. And to establish this person not so difficult, - the circle of people, having access to the state forms is too narrow. If only in Zhovtnevy administration didn't enter specially for Ivanov a position of his personal secretary. Other question: who authorized this person, - undoubtedly, the civil servant from Zhovtnevy administration, - to prepare on behalf of people, on which Ivanov распаевал others lands, statements in Limb business concern? From where suddenly such care of people? Or all - much more, this official people, and firm "Limb" interested not? That, God forbid, it without favorable clients didn't remain?

There is a strong wish to hope that this and other questions will be answered by a consequence. In any case, the expert opinion, really, confirms, as the State Act of MK No. 00332 of 06.02.1997 on the right of continuous using the earth, and counterfeit Acts of earth delimitation from 25.05.2007г. and statements in Limb firm, are executed by the same person. And only the civil servant having the right to fill, register and assure the State Acts can be such person as it was already spoken above.

We, in return, as far as the Law on mass media allows, we will watch a course of investigation of this confused business and when becomes possible, we will surely publish its results.

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