Having pinched off at shareholders a good piece of the earth under, allegedly, regional, and actually private cemetery, the regional power continues to play with people a cat and mouse further.
Life among crosses and garbage
Meshkovk Zhovtnevogo's village of the area is located in a residential suburb over Ingul and totals in total more than three thousand inhabitants. From picturesque places which citizens coming here once admired, today didn't remain also a trace: the village appeared in a close ring of city cemeteries surrounding it and dumps. Free there was an entrance only through Ingul's waters. Figuratively speaking from an easy hand of regional and city officials Meshkovka gradually turned into the most real settler for the city. You judge. Except five local cemeteries existing in the village where bury the died villagers and which actually settled the land resources, the regional power in Soviet period gave to the city to continuous using for a city cemetery the big massif of the earth. Today this cemetery extends towards the existing city dump located in the territory sat down. Reached before that dead men with the plate "unknown" bury already on a svezhezasypanny platform of a garbage dump (! ? ). The benefit, deceased aren't indignant …
Besides, in November, 2003 according to the order of the Zhovtnevy district state administration 4,8 hectares of the earth of the written-off state-farm orchard under placement … a regional cemetery were allocated. Under this "noble" business it is quickly created regional zhilishchno - the municipal enterprise as which founder the district state administration acts, the director - Special Victor Pavlovich is appointed, he becomes the director of a cemetery a bit later, the charter according to which this municipal enterprise would have to become good help to poor rural housing and communal services is approved. That is, intentions as it is visible, good. Only their realization in life, unfortunately, didn't happen. Poor rural housing and communal services from regional ZhKP didn't receive any help. Kopeks. And the "regional" cemetery, in fact, turned into the private: villagers didn't use it.
"We can't refuse to anybody …"
To bury on this regional cemetery of the dead man, it is necessary to pay 665 hryvnias.Probably, it is the cost of the dug-out hole under a grave. As a rule, inhabitants of settlements of the Zhovtnevy area inter the died fellows villager on the rural cemeteries. It and no wonder: there to them is more convenient and much cheaper. On a regional cemetery city dwellers become buried. As the director of a cemetery Victor Spets explained, under the law it has no right anybody to refuse supposedly here and is compelled to bury city dead men.
- If villagers addressed to us, we would refuse to nobody, - Victor Pavlovich specified.
It is necessary to recognize, the place for placement of a "regional" cemetery is chosen more successfully in comparison with the adjoining overflowed city cemetery - in an environment of green plantings of the written-off orchards, maybe, therefore citizens preferred it for burials of the family. In four years the five-hectare regional cemetery settled the land resource: for today there already there are more than 4 thousand burials.
In search of additional hectares
Some years, to be exact, from the moment of cemetery opening, the director lobbies a question of its expansion. At first he asked 53 hectares of the written-off gardens surrounding an existing cemetery from the regional management. And that is remarkable, all regional services agreeing on this project of branch of the land plot, unanimously authorized cemetery expansion, without penetrating at all into legality of its placement. Notice, at coordination of a choice of the land plot there is no signature rural the heads. However at delivery of permission to branch of this land plot it at all didn't confuse neither department of land resources, nor the district state administration. A bit later designers "задробят" all these coordination as placement of cemeteries has to be made according to certain sanitary standards which in this case weren't observed. Then regional services don't know the legislation, or their demon confused …
The second attempt to expand possession of a silent monastery for Victor Spets was where it is more successful: from 53 hectares allocate 17,51 hectares, allegedly, possible for burials. Regional services again quickly sign papers, the conclusion of regional management of land resources is issued, then RGA order on branch of the land plot is accepted. Only "discrepancy" left: these 17 hectares as it appeared, treat the state lands of shareholders of Memory of Communards cooperative.And without their consent to Victor Spetsu not to see the additional earth, as own ears. Though he doesn't give up and intends to have legal proceedings.
- To me allocated this earth earlier, than the raspayevka at villagers therefore I will win court began, - Victor Spets with confidence speaks, - and people can give the earth in other place, that is, to exchange for other of lands of a stock. I think that no difficulties in it are present.
The director of a cemetery dissembled, however. The land code says that the order of an exchange of the land plots of lands of state ownership doesn't exist in general. In principle, there is an exchange which is carried out on the basis гражданско - legal instrument, however for this purpose there has to be a relevant document - the state act on the property right. And have the right to carry out an exchange of the land plots only citizens, on whose name the state acts are written out. But even, if the villager, having received the act on a land share, also will want to exchange the allotment for another, it without fail has to be the earth of agricultural purpose. Well, and placement of a cemetery is absolutely other target use of the earth. Though, in case of the statement in Ukraine of the market of the earth when the moratorium imposed on the share earth will be removed, then it will be possible to speak about change of purpose of the earth. For now it isn't present.
The earth - the wet nurse. For whom?
When people learned that again someone applies for their share plots, to indignation there was no limit. It and no wonder: thirteen years in succession last a raspayevka of lands being садово - vinogradarsky state farm "Memory of Communards". For this long time general land "pie" considerably decreased in a size: instead of the put 2212 hectares of the earth under a raspayevka the regional authorities allocated only 1402 hectares. Other земелька left "needing", among which the people far not only from the village of Meshkovo - Pogorelovo, but also from the Nikolaev area. In total to casual people about 40 percent though by the land legislation in reserve fund about 15 percent from the total area of the earth are allowed to allocate got. In protection of people local deputies rose. "Inhabitants of the village categorically against cemetery expansion, - deputies in the address to the newspaper write. - To whom is it favorable, after all the local budget from it doesn't replenish, and inhabitants of the village don't want that under their windows instead of trees there were crosses and graves? When opinions and interests of people living in this district will be considered?. ".Under the address delivered to the signature of 12 deputies of Meshkovo - Pogorelovsky village council.
Revolted villagers and that three years ago their village council addressed to the regional guide to an occasion of granting a place under the cemetery, after all all local cemeteries are already overflowed with burials. Asked in the same place, as Victor Spets - on the written-off gardens, however to them refused. And the Specialist was given a green light.
To execute it is impossible to pardon
In 6 years of existence of regional ZhKP (in the form of a regional cemetery) the power in the area several times changed. In the summer of 2007 the acting as head of RGA Sergey Zaytsev decided to liquidate this municipal enterprise as not bringing any benefit to the area, and I issued the corresponding order. However the director of a cemetery challenged it in economic court and carried the case. Then that the founder can't liquidate the enterprise created by it? That is characteristic, in court the respondent, that is, the representative of the district state administration why - that I wasn't. Strangely enough, but the main argument of the judgment was that, allegedly, under the charter on this ZhKP duties of ensuring providing utilities to the population were assigned to territories of the Zhovtnevy area therefore at liquidation of the enterprise process of functioning of networks of water supply and so on will be broken. The district state administration agreed with such decision and at all didn't challenge it. And would follow, after all this municipal enterprise, in fact, works only for itself and to the solution of problem questions housing and communal services has no relation. And it should be noticed.
By and large, a situation which arose today on the disputable meshkovsky earth, could not be if officials of the regional power carried out the duties as that is demanded by the law, and stood on the principles of protection of interests of villagers. It isn't difficult to guess to whom and for what purposes serves created by officials under the auspices of the regional municipal enterprise so-called "a regional cemetery". Notice, the earth under a cemetery and its expansion in this case is allocated free of charge and in continuous using. Victor Spets works under the contract with the district state administration, and next year this contract comes to an end. Probably, if Victor Pavlovich doesn't manage to expand cemeterial borders, there is no sense to continue the contract. After all there is the most ungrateful - the maintenance of a cemetery within 25 years as the law "About Burials" says.
Unfortunately, there is open a question and of the one who will contain further this cemetery though on it and city dwellers are buried. Judging by an uchreditelstvo - Zhovtnevaya the district state administration, and it means the regional budget …
The paradox turns out: one person - the director of a cemetery for the state account is enriched, and people deprived of civil rights on whom from all directions there step garbage dumps and cemeteries, tens years without results appeal about the help. But, alas, nobody wants to hear them.
"The Nikolaev business"