This is a very instructive story. On the journey of a young mother with two children in judicial corridors “RG” twice told (see “Conflict in end-to-end” and “Stay Through”).
the bottom line is this. In 2003, Anna has purchased an old house at the address: Krasnodar, the Through lane, 18. It was located in shared Park. the yard, which then were built two hosts. One of which belonged to a police officer.
In Kostroma residents of the old house relocated in a new building with cracks
the First years we lived in peace and harmony. Anna slowly began reconstruction of the house. He was quite dilapidated, Adobe and without basic amenities. The neighbors gave her consent for construction work. She received permission for the construction of an extension in the administration of the Western district of the city. Due to financial problems home renovation lasted for 10 years: certificate of ownership to an extension it was only in July 2013.
By this time in the yard shared Park. there were two significant events: reconstructed his house and the police officer Denis Golosov, and the owner of the third building in the yard was his wife’s sister Karina Petrosyan.
And then the friendship Anna and police crashed on “shared Park. stone” yard.
– Our neighbour is constantly saluted his connections in the law enforcement and judicial bodies, and directly declared to me: “Live in my yard you won’t!” Anna said Podatkowa.- And then I was reminded of supposedly “they all have been solved” I “together with the children will go to live on the street.”
However, formally, the police officer would stand on the sidelines. The first was made by the specialists of the municipal control. “We recognized both the household itselffree buildings, having addressed in court with claims about their demolition”, – stated in the fall of 2018 in conversation with the correspondent “RG” the Deputy chief of Department of legal support of management of municipal control of administration of Krasnodar Stanislav Prasol. Although the head of the administration of the Western district Alexander Kuchmin at the same time claimed that Podatkowych documents were all right. “According to archival information, they coordinated all stages of reconstruction of the household. But in relation to neighbors we have such information in the archive not found”, – he explained.
And how does the Leninsky district court? Do not believe it! Samostroy it legitimizes the police, but the construction of the Anna decides to carry. As they say, without comments, the more miracles will continue.
Anna Podatkovoyi had to prove the absurdity of this decision of the court, ordered the numerous examination. Finally, the judicial construction and technical expertise comes to the conclusion that to demolish it erected buildings not technically possible, as it will damage the design of all houses, which in turn can lead to its partial collapse. In summary enforcement proceedings in the appeal determination of Judicial Board on civil cases of the region was discontinued.
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Then the Colonel of police comes from the other side. Mother of Eugene police bezverha drawn in Lenin regional court with a very rare in the judicial practice claim “recognition absent the property rights” of the house of Anna Podmoskovie and her two children.
And here from the wonders of the district court not only feel surprised, but horrified. Documents of title to property Under Annapassovoy and her children by anyone in the court are not in dispute. But not taken into account. The emphasis is on the initial claim of the administration of Krasnodar on the demolition of the erected buildings with an area of 66 square meters. Thus distorted the facts. So, about the position of the representative of the administration of the court decision States that the allegedly insisted on dispossession of the defendants, although according to the Protocol of the meeting, the representative of the administration asked to render a decision “at the discretion of the court in accordance with applicable law”.
moreover, Lenin regional court ignores the instructions of the Supreme court of the Russian Federation and the Civil code of the Russian Federation. For example, the Supreme court points to the inadmissibility of such disputes to take treatment from a person who in accordance with the data EGRP is not the owner of the disputed property. But for Lenin regional court, it seems, the highest court is not a decree. And although neither Eugene bezverha, not her son, grandchildren, daughter-in-law and her sister were never the owners of the residential house Anna Podatkovoyi with cadastral number 23:43:0297921:251 located at the address: Krasnodar, the Through lane, 18, filed a lawsuit with the Leninsky court was satisfied in full with the cancellation of the registration record in the Unified state register! How can you not remember: “Everything has been resolved”.
according to lawyers, the court was not to meet this claim, but take it to its production. And to the credit of the Krasnodar regional court, paradoxical, to put it mildly, the decision of the district justice his Appeal definition was canceled. And the Presidium of the Krasnodar regional court this decision is left without change.
“About the disappearance of the 2nd Tom and his hasty “restoration”, I learned almost two months. But in it were the originals of key documents in the case: two examination confirming that the demolition of the extension to our house impossible. This examination is to address the armed forces, as it turns out, was not directed…”
However, the torment Anna did not end there. In the fight zand its survival from the yard comes the sister of the wife of the now former police officer Karina Petrosyan. She suddenly decided to challenge long ago came into legal force the court decision on the demolition of the house Podmoskovie and submits to the Supreme court of the Russian Federation cassation complaint, which seeks to renew the term of its filing.
the sun has passed the decision on the recovery of this civil case N 2-2321/2014 of the Lenin district court of Krasnodar. And it turns out – in the archives of the court there is no volume No. 2 of this civil case.
well, though rarely, but it happens. And the law clearly reglementary the process of restoration of the lost judicial manufacture. According to part 2 of article 317 of the code of civil procedure of the Russian Federation in the decision about this must be indicated on the basis of what data are investigated with the participation of all participants of process, the court considers it established the content of recoverable production and what procedural actions were taken in his loss. But what makes the Leninsky district court? At the request of the citizen Babajanyan it for one trial from 23.19.2019 G. restores the missing volume of documents. Moreover, judge Natalia Isakova does it not only without the participation Podatkowej, but also bodies of guardianship and guardianship, as well as Commissioner for rights of the child involved in the proceedings as third parties.
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– I was not notified of the time and place of the meeting and are not familiar with the materials quickly restored the second volume, – says Anna. – About the judge’s decision Isakova I found out almost two months after its issuance, when it appeared in open access on the website of the Leninsky court. Only then I learned about the disappearance of the 2nd Tom, and his hasty “restorationresearch Institute”. But in it were the originals of key documents in the case: two examination confirming that the demolition of the extension to our house impossible “without prejudice the main structure, as well as to third parties,” as stated in the conclusion. This examination is to address the armed forces, as it turns out, was not directed. I was told by the expert institution that the request for a duplicate card as part of the restoration of this civil case out of court were reported. And after that, tell me, am I supposed to think about the miracles in the Leninsky district court? What kind of class justice that it was established? Why wrong it is always right? Indeed, so obvious a violation of the laws, I believe, can be attributed to either incompetence of the judge or corruption in this case.
“RG” tried to clarify the situation in the Leninsky district court, however judge Natalia Isakova declined to comment.
However, now it will deal with the Investigative Committee of Russia. In the name of its head Alexander Bastrykin Anna Polaskova filed a complaint, in which he told about his adventures in the Leninsky district court.
“RG” will follow the developments of this story.