All his life having worked with engineers, the couple decided to retire to move out of town. They already had owned ten acres in the village of Shuvakish near empty six. To buy them just could not – not demarcated land, so Vadim and Yulia showed up at the auction, where he played the lease.
Im not lucky in the auction was attended by four land speculators. They inflated the cost of the lot with 114 thousand to 1.5 million rubles. It is now the spouses of all people know by name, but then I thought that they traded the same honest people. Shilovsky husband and I were hoping to quickly build a house of SIP panels using canadian technology and to buy back at a discounted price (for 1.5 percent of the cadastral value).
the construction of the box in the basement with closed-circuit heat went 100 days, during this time, Julia and Vadim paid the rent – $ 415 thousand rubles. They even managed to register the property as residential within the building, and then to buy land from the Ministry for state property management of the Sverdlovsk region (MUGISO). However, the mayor’s office of Yekaterinburg had a slightly different opinion about capital structure (“RG-Week” from 13.09.2018 G., “the House in which it is impossible to live”). The fact that the land and architectural supervision from 2013 to 2019 carried out the city, like the collection of rents, although areas of Yekaterinburg disposed region.
to Fight against the administrative resource has been very hard. The municipality has filed lawsuits and annulled a contract with 21 MUGISO, 19 of them returned to the format of the lease, including wearing Shilovsky. It is known that three facts initiated criminal cases, that is, there really is figured the fraudsters, as for the rest, then, according to Natalia Turygino, who was then the chief specialist of Department of preparation of title documents of the land Committee, “people have realized that doing wrong by trying to cheat to quickly buy the land”. Of three examinations two recognized the house Shilovsky uninhabited at the time of conclusion of the contract of purchase and sale of land.
And like the noble motives: to combat land speculation, but law-abiding citizens have to constantly make excuses. Officer land Committee in 2017 in the house of Julia and Vadim saw no sewage, no heating, no light, examining it only from the street. Although building a bunch of wall panel heaters in the courtyard well. The bathroom initially was really a street, but when we came to Vadim and Yulia in 2018, they had to construct and toilet-septic tank, and bathroom in the apartment. To date, added a cellar and annexe-workshop, building area increased from 60 to 90 square meters. Why spouses at your own risk continued to invest in suburban housing with a strange article��ohms? Probably, something hoped for. However, their “mansion” and two years ago, wondering looked at the background of the brick cottages. Even language is not turned to name it a patch.
In December of 2018 Julia and Vadim signed up for a personal welcome to the new mayor of Yekaterinburg Alexander Vysokinsky. At that time, their debt for the lease before the property was already 4.9 million rubles. After the meeting cheered.
We listened carefully, promised that no one can obstruct no longer, and the debt will be written off. It is only necessary to discuss how to do it by law. We can work out the mechanism to other bona fide purchasers breathed freely.
We must confess, too often the story has a happy ending. But a half later he heard a new call: “the Mayor has recanted!” According to Vadim Zukile, by order of the mayor managed to get a notification that the houses all town-planning norms and rules, design it and plot it in property to re. But instead of having to write off debt, March 26, 2020, the administration suddenly put a new claim: rent 5.6 million rubles, accrued from April 2016 to March 2019, and a penalty of 2.8 million.
I called to the land Committee: “don’t you want to invite us to her to talk?” The answer was: “why?” A team of lawyers new, but the methods to get don’t want the papers do not see the person. We are already retired, the same amount we never close – outraged the owner of the house.
In the official reply of the Deputy head of administration Igor Sutyagin explained Vadim and Julia, the hopeless, in accordance with article 47.2 of the Budget code acknowledges the debt, which expired limitation period (over five years). In addition, the case can be dismissed in the absence of the debtor’s funds to carry out the procedure of bankruptcy, death, entrepreneurs, liquidation of legal entities-tenant. Case in Chuukese this list misses.
Read – and there is a strange feeling. I think that’s how a person feels, faced with a soulless bureaucratic machine. Humanly all understand that wrong, but are pressed against the wall – the Budget code of the contract. Isn’t city hall itself a few years the artificially created obstacles to the registration of the house?
Lawyer Taras Telegin, representing the family in court, focuses on the assumption that a citizen should not suffer from gaps in the law. If controversial instances arise, they must be interpreted in his favor.
– “dacha Amnesty” object is registered in the Federal registration service on the basis of the description.
MUGISO not formally obliged to examine him, but the agreement purchase the land indicates that a house is habitable. Should not be that one g��Corgan sells real estate, and the other a year later comes the validation and returns a rental – explains Telegin. – In fact, the Yekaterinburg administration has abused the right that if officials are not satisfied, they could require to bring the building into compliance, not to cancel the contract of sale. Now MUGISO at all desire can not sign an additional agreement to reduce the rent. Forgiveness (write-off) of debts to the budget in such a situation, the law has also not provided. Might get this case before the Supreme court, and if necessary – and constitutional.
two of the district court shall hear cases related to house Chuukese: Lenin and the amount of the debt, the Kirov – already on the claim of Yulia Shilovsky – about the legitimate changes to the terms of the contract. In our opinion, this story is a vivid illustration of the diseases of the local land management when the division of functions between the region and the municipality of goes sideways to the common man.
In drafting a request to the Yekaterinburg administration came a comment from the lawyers of the land Committee: “Between MUGISO and Y. P. Shilovsky 25.12.2015 was a contract of lease of a land plot, located to the address: Ekaterinburg, settlement Shuvakish, street Green, with an area of 600 square meters for the construction of individual houses. The contract was concluded for the period from 22.12.2015 for 21.12.2035. 04.04.2016 he was terminated in connection with the conclusion of the contract of purchase and sale of land. Appeal definition of Sverdlovsk regional court from 09.07.2018 the contract of sale invalid, the parties returned to the contractual relationship under the contract from 25.12.2015. Pursuant to the appeals determination Shilovsky U. P. has accrued rent for the period from 2015 to 2019. In the framework of the implementation of measures for the protection of the budget of the Lenin regional court filed a statement of claim about collecting from the U. P. Shilovsky debts under the lease contract of the land plot. The court will be given proper legal assessment of the parties ‘ arguments, including arguments Shilovsky Yu. p., and made a reasoned decision. In the case of existence of grounds for cancellation of the debt in accordance with article 47.2 of the Budget code can be solved the question of the cancellation itself.”
“RG” appealed to the Office of the Prosecutor General for the Urals Federal district with a request to give assessment of the situation from the point of view of a civil rights violation. We were told that check is required. Our letter sent to the Prosecutor of the Sverdlovsk region. After the inspection, the supervisors will prepare the response.