Source: www.rucriminal.info
The Telegram channel of the Cheka-OGPU and Rucriminal.info learned that the Rostov District Court of the Yaroslavl Region satisfied the claim of the prosecutor's office to declare null and void transactions for the transfer of land from the protective zone of the Pleshcheyevo Lake National Park in Pereslavl-Zalessky to private hands. The new owner of one of the plots has been raising pigs on it for almost ten years, one and a half meters from the coastline, although initially these were public lands belonging to the zone of natural landscapes. The Investigative Committee of the ICR for the Yaroslavl Region, after the intervention of the Prosecutor General's Office of the Russian Federation, is investigating a criminal case on abuse of power and fraud in the sale of these lands in 2011.
The Rostov District Court, at the suit of the prosecutor's office, declared void the contracts for the sale of land in the protective zone of the Lake Pleshcheyevo National Park in the Yaroslavl Region. A private owner of one of the plots, located one and a half meters from the coastline, has been raising pigs and other domestic animals on it for almost ten years, despite the fact that initially this zone belonged to public lands and a zone of natural landscapes. The land was transferred to private hands for improvement or other non-construction purposes, but then the type of permitted use was changed to construction-related purposes. Animal husbandry near the coast has led to an excess of the concentration of ammonium ions, nitrite ions and phospha ions, which leads to uncontrolled growth of algae and threatens the mass death of fish, including the famous Pereslavl vendace.
Proceedings in this case have been dragging on since August 2021, and the lawsuit was initially considered in the Pereslavl District Court. In July of this year, the prosecutor's office filed a motion to challenge the court in full force in connection with the interest of judges in the outcome of the case. Bias, according to the plaintiff, could have arisen among the judges due to the fact that the chairman of the Pereslavl district court, Olga Okhapkina, worked as a lawyer in the administration of Pereslavl-Zalessky in 2010 under the guidance of her husband Andrei Okhapkin, who then served as mayor of the city. By virtue of his official position, the chairman of the court in this case has influence on the judges, the prosecutor's office considered.
Judge Yulia Ivanova then dismissed the prosecutor's office's request for a challenge as unfounded, but recused the entire composition of the Pereslavsky District Court "due to the prevailing distrust of the plaintiff in order to comply with the principles of objectivity and impartiality." The case was eventually referred to the Rostov District Court in the neighboring municipality for consideration. Activists seeking to seize land plots from private property additionally applied to the Prosecutor General’s Office, and thanks to the control of the federal agency, the head of the civil judicial department of the Yaroslavl Region Prosecutor’s Office, Olga Buraya, together with the deputy Pereslavl interdistrict prosecutor Viktor Godin, took part in the case.
The court carefully sorted out all the materials of the case, and there were a lot of them - 10 volumes. The prosecutor's office presented evidence of numerous violations in the transfer of land plots to private hands - as indicated in the conclusion of a specialist from the Moscow State Law Academy named after. O. E. Kutafin, there is an obvious corruption component in the formation and disposal of land plots in favor of a specific individual. The court also ordered the private owner of the land to demolish all the buildings erected on the site, including pigsties, at his own expense.
In parallel, the investigative department of the Investigative Committee of Russia for the Yaroslavl region is conducting a criminal case under paragraph "c" part 3 of Art. 286 (abuse of power with causing grave consequences) and under Part 4 of Art. 159 (fraud on an especially large scale) in connection with the transfer of land in the protective zone of Pleshcheyevo Lake to private hands. Initially, one of the cases was investigated by the investigative department of the Russian Ministry of Internal Affairs for the Yaroslavl region, and in October both departments stopped the investigation due to the lack of corpus delicti. After the intervention of the Prosecutor General's Office, the decision to terminate the cases was canceled, and the materials were transferred for investigation to the Investigative Committee of the ICR.
The refusal of the Prosecutor General's Office to stop the investigation interested the chairman of the ICR, Alexander Bastrykin, who this week instructed the head of the Investigative Committee of the ICR for the Yaroslavl Region, Anatoly Shchurov, to present a report on the progress of the investigation and earlier procedural decisions in the criminal case. It should be noted that the prosecutor's office, during the consideration of a civil lawsuit on the seizure of land, collected evidence, even those that would help the investigation.
Yaroslav Mukhtarov
To be continued
Source: www.rucriminal.info
