In June, 2013 in Pervomaisk the area on fields about the village of Chausovo-2 there was a fight. Till today attempt of capture by firm «was the main version of an eventThe partner - Agro» «Kornatsky' agricultural firms». And it isn't strange, after all Arkady Kornatsky was the enemy of the last several chairmen of the Nikolaev RSA and always positioned himself as the victim «zlochinno ї vlad». Nevertheless, not everything is so simple. At least, proceeding from documents, still it is necessary to understand, who actually in this conflict the victim.
As everything began
In 1997-98 after the decision on an earth raspayevka made by the then president of Ukraine Leonid Kuchma the collective agricultural enterprise «Way of Lenin» distributed to 517 workers certificates on the prime right of receiving the land plot. These certificates at that time could be object of purchase and sale, rent and so forth
All these certificates were acquired by Arkady Kornatsky's parents–Claudia and Alexey Kornatskimi. In 2000 the Lenin Village Council made the decision on transfer of this earth to them in property of about 764 hectares of Claudia Kornatskaya and 989 hectares to Alexey Kornatsky.
In January, 2001 the May Day regional court in the claim of prosecutor's office of the Nikolaev area cancels this act on the earth. Violation of boundary norm of stay in property of one person of the corresponding number of the earth stated in the Decree of the President of Ukraine «became the first reason for thatAbout urgent actions concerning acceleration of land reform in the sphere of agriculture» of November 10, 1994. By the legislation the natural person had no right to have more than 50 hectares of the earth in the property to that time. Second reason–one act for two of people that isn't provided by the resolution of the Verkhovna Rada of Ukraine No. 2201 «was adoptedAbout forms of the state acts on the property right to the earth and the right of continuous use of the earth of March 13, 1992».
Nevertheless, in 2002 Claudia and Alexey Kornatskiye gave the specified land plots with a total area of 1754 hectares to statute fund of open company «Kornatsky' agricultural firm». And up to today the enterprise of the acting People's Deputy from pro-presidential party Arkady Kornatsky sowed these lands, without paying absolutely for their use in the budget kopeks.
Couple of words about «To Kornatsky' agricultural firm»
Legally Arkady Kornatsky and open company «Kornatsky' agricultural firm» only the surname connects. According to authorized documents it has no relation to firm.
That is interesting, final beneficiaries (read, real owners, - a bus) are Arkady Kornatsky's daughters Anna Gerasova and Maria Kornatskaya. At what the place of their stay is specified in the Russian Federation, with which at Ukraine all know, what relations. It is known that and Arkady Kornatsky spent many years in Russia.
Nevertheless, if to ask locals who possesses this agricultural firm, to you will specify towards Arkady Kornatsky.
Critical 2012
At the beginning of 2012 Goskomzem's department in Pervomaisk the area, 11 years later after the relevant decision of court, made record in the Book of registration of the state acts for the right of a private property on Lenin village council about cancellation of the state registration of the state act for the earth issued by Kornatsky. In turn Claudia Kornatskaya appealed against this action in Pervomaisk regional court. But in September, 2012 the Odessa appellate administrative court upheld cancellation of the state act.
In October May Day RGA the order brought 1520 hectares (200 hectares in the form of certificates remained to Claudia and Arkady Kornatsky, - a bus) in the list of lands of a stock of state ownership. And in November to 773 citizens–mainly to workers of the social sphere–state acts on this earth were issued. Everyone received almost on 2 hectares for maintaining personal agriculture who in December, 2012 on a leasehold basis gave open company «The partner - Agro».
Chausovo-2: from firing to vessels
Having become the full owner of the land plot on a leasehold basis, «The partner - Agro» till today could never neither sow the earth, nor clean it. The same «became the reason for thatKornatsky' agricultural firm» , which in the impudent continued to sow and harvest on lands to which had no relation.And «The partner - Agro» already I paid from the pocket a rent to owners of the land plots twice, having collected thus and grain centner.
In June, 2013 on lands there was a conflict known as firing in Chausovo-2. «The partner - Agro» I tried to get the equipment on fields to harvest. «Kornatsky' agricultural firm» I tried to prevent it. All this developed into opposition with firing and trial. However the situation didn't move off dead center. Kornatsky once again exposed himself the victim, declared attempt of occupation of the agricultural firm though about it and the speech didn't go to that moment as events developed in the field, but not near adminzdaniye of the enterprise.
The firm continues attempts to resolve an issue in a legal order: on fields the militia is caused, representatives of the State inspectorate of agriculture, are drawn up statements, protocols, instructions with the requirement to are issued «To Kornatsky' agricultural firm» to free self-willedally busy earth. But also it doesn't stop Arkady Kornatsky.
In August, 2013 the Economic court of the Nikolaev area prosecutes the case «The partner - Agro» to «To Kornatsky' agricultural firm» also forbids the last to process and sow the earth which is in rent at «The partner - Agro». Kornatsky tries to challenge this decision and business reaches the cassation. In May, 2014 the Highest economic court of Ukraine refused satisfaction of the appeal «Kornatsky' agricultural firms» , having confirmed with that it is right «The partner - Agro» and illegality of occupation of the earth «Kornatsky' agricultural firm».
In the fall of 2014 Kornatsky carries out election campaign, standing for the Verkhovna Rada from Blok Petro Poroshenko. Meanwhile the equipment of its agricultural firm comes to fields and sows them, without having on it any legal grounds.
On whose party May Day RGA?
That most of all in this situation surprises, so it is a position of the May Day power in relation to people. It is, to put it mildly, strange. After all not without participation of RGA today 773 people try to deprive of the earth actually. For someone from them it is the additional income, and for some can be the only means of livelihood at all. And in that case the power of the area in the area of the president would have to defend interests of people first of all. We see absolutely other picture.
Last week in Pervomaisk some hundreds of shareholders who were revolted with a position of May Day RGA protested. It appeared that the district administration supported the requirement of Claudia Kornatskaya who through court tries to challenge issue of state acts on the earth to 773 people. Then to people none of the management of administration didn't leave at least to hear their position and to answer the interesting questions. The chairman of RGA Victor Sirota that day was allegedly called by the telephone message to Nikolaev to the chairman of RSA Vadim Merikov.
And literally in a week, on July 1, also RGA tried to organize a meeting with shareholders. As a result about 30 people from 773 came. According to people, all of them were convoked in an emergency order and many simply had no opportunity to stay for a while. As it appeared, a day before a meeting rang round heads of the enterprises, establishments among which employees there are shareholders, and pressed to provide their arrival on a meeting nearly forcibly. Victor Sirota declares that anything similar wasn't and he is tried to be slandered.
As a result, during a meeting the lawyer of RGA tried to convince people that anything terrible that the court will cancel their state acts on the earth isn't present as ona were given out with violation of the law. In turn Victor Sirota assured people that in case the court nevertheless will make this decision, people can be quiet as lands of a stock in Pervomaisk the area more, than it is enough and will be enough for all.
Attendees viewed this offer with skepticism: «And where there are guarantees, what these lands in the same way at us won't seize then?» , «Till 2012 free lands weren't, and now suddenly appeared». In response to the majority of claims and questions Victor Sirota answered only that legality is important for RGA and reduced everything to tricks «poperednik». It turns out that people received state acts on 1520 hectares of the earth at the previous power which hid the earth from people. Absurdity.
- I told that I told that for today we have to wait for a judgment, - he declared already in ours with it conversation right after a meeting.
The position of the power more than is clear:those state acts which at them on hands, are respectively illegal gave to people the earth illegally, and.
- The rights on a private property when transferred the earth to lands of a stock were violated, and then already distributed directly to these seven hundred people. If these lands were in municipal or state ownership, then this process could be made as did. But actually divided a private property. Under the law before transferring these lands to lands of a stock, there had to be a judgment that this earth belongs to nobody or that it was withdrawn from a private property. It it wasn't made, - he considers.
Though it is worth remembering that the property right of Kornatsky to the earth was stopped by court in 2001 and at the moment this decision in force. And in the decision of the Supreme economic court it is noted that «recognition invalid the state act on the property right to the land plot stops legal relationship of ownership of land» that in principle it was also made with the state act issued to Claudia and Alexey Kornatskim. It is sure that Victor Sirota well knows about it but why - that continues to insist persistently that people received the earth illegally.
And a question in on what basis suddenly May Day RGA decided, what acts are issued illegally? After all there are no relevant decisions of court. Or raydaministration in the person of Victor Sirota suddenly decided to change for itself court?
Thus the official warrants that to him is what to offer pervomayets instead of 1520 hectares who by a court decision can simply take away from them. According to him, around «there are more than two thousand hectares of lands state ownership and about several thousand hectares of lands municipal form of ownership».
- Irrespective of the decision made by court all people will have opportunity to use the legitimate right for receiving these land plots, - he told.
But is reliable information which edition will check through a query that May Day RGA can count only on 560 hectares in case of need to find the alternative land plots for these shareholders. However that is important, this earth can is banal not to be enough even for providing participants of anti-terrorist operation with the sites promised by the state.And if this is true, all these 773 persons in case of a verdict of court in their advantage can already count on shares.
Epilog
And so far courts while judges solve proceed, in what court on new it is necessary to consider case–in administrative, or economic, «Kornatsky' agricultural firm» is going to harvest 2015. The part of equipment already came to fields. And if with the regional power everything is clear, looks address to regional, to militia, to prosecutor's office and all those structures and institutes which can affect permission of this situation.
- We achieve the only thing–legality. If today there is any judgment, the law, the resolution of the Cabinet of Ministers, the decision of the Verkhovna Rada that it not ours, we raise hands and leave. But today this ours. And we want that people who illegally processed our lands, bore responsibility and that all of us - received some compensation that actually today the firm works «in minus» , - Nikolay Marchenko notes.
Meanwhile more than 400 shareholders, without waiting until the power and law enforcement authorities pay attention to their problem, prepared everyone according to the statement for the committed crime «Kornatsky' agricultural firm» , which self-willedally occupied their lands, and sent this application to the militia, prosecutor's office. Except that letter with the description of current situation were sent to representatives of all levels of the power, People's Deputies from Nikolayevshchina including to Kornatsky, to all fractions and deputy groups in the Verkhovna Rada and we designate. In total each shareholder prepared a package of addresses on 27 letters in everyone.
It is remarkable that for people the legendary Nikolaev paratrooper stood up, officer, known as Signal Marshall. However the power represented by RSA, represented by law-enforcement system is silent.
For anybody not a secret that the disappointment of people the power grows: corruption, unjustified expectations, promptly thawing hryvnia exchange rate.But though the power has to do something? Or about what investment appeal of our area it will be possible to speak if the representative of presidential party so in the impudent spits on the law and to mean all, and the local government will help it with it.
Anatoly Chubachenko, especially for «Crime. Is NOT PRESENT»
