In Sochi, the court seized 11,000 land plots. This is more than seven thousand private households, which border or are located on the territory of the Sochi National Park. The arrest was imposed in the framework of a criminal case that concerns events more than 20 years ago (1998).
All sites are either within the boundaries or close to a specially protected natural area - Sochi National Park, which is spread over 2 thousand square kilometers. Like the city of Sochi itself, the park stretches along the sea, which is why the number of arrested sites is so great - about 11 thousand with a total area of almost 5 thousand hectares.
It follows from the court's decision that “an unidentified group of persons” has been submitting to the registration authorities forged documents for the purchase of property rights since 1998. The plots were displayed under the guise of adjusting the boundaries of the park.
The investigation estimated the damage over the 20-year history of fraud at 1 billion rubles. And all the disputed areas were arrested through the courts.
These plots, as a rule, are rather big, 10 or even 20 hectares, with beautiful views. “But they all somehow ended up on the lands of the protected forest fund, which means that bribes can be expected. Moreover, in the 90s, and in the 2000s, and in the 10s, the scheme was the same, but it was opened, according to the investigation, only now. For two reasons: the scientific department of the Sochi National Park reported that the adjustment of the borders threatens the safety of rare plants and animals, because people are cutting down the forest. And the activists of the Russian Geographical Society turned to the prosecutor's office, a case appeared, "Business FM believes.
The interlocutor of Rucriminal.info puts forward an alternative version: “In Sochi, the mayor changed not so long ago ... If the ownership is returned to municipal or state property, then the Sochi Administration or the Federal Property Management Agency can file claims for the demolition of thousands of residential buildings. And lease the land to the right people. well, of course, it is also not free of charge ... ".
At the disposal of the Editors was the scandalous decision of the court, which we publish:
city of Sochi September 21, 2021 Judge of the Central District Court of the city of Sochi, Krasnodar Territory Orekhov V.Yu. , with the secretary of the court session Keshelyan D.G. , having considered the petition of the investigator of the Directorate of the Internal Affairs Directorate for the city of Sochi, the Main Directorate of the Ministry of Internal Affairs of Russia for the Krasnodar Territory Ustin S.K. on the seizure of property - land plots located on the territory of the city of Sochi, Krasnodar Territory,
Ustin S.K. , with the consent of the acting the head of the MCh SU ATC for the city of Sochi, the Main Directorate of the Ministry of Internal Affairs of Russia for the Krasnodar Territory, applied to the court with a petition for the production of an investigative action - the seizure of land plots of property? located on the territory of the city of Sochi, Krasnodar Territory, in criminal case No. 12101030003000112 The petition is motivated by the following.
As follows from the materials submitted, the preliminary investigation body is investigating criminal case No. 12101030003000112, initiated on September 21, 2021 on the grounds of crimes under Art. 4 tbsp. 159 of the Criminal Code of the Russian Federation in relation to unidentified persons. In the course of the investigation of the criminal case, it was established that unidentified persons, through the use of forged documents on the rights to land plots and on the location of the coordinates of their boundaries, submitted to the state registration authorities of rights located on the territory of Sochi, Krasnodar Territory, in the period from 1998 to the present , acquired property rights to 11,066 land plots formed against the property interests of the Russian Federation at the expense of federal property lands, with a total area of4,983.01 ha. On the basis of the decree of the Council of Ministers of the RSFSR dated 05.05.1983 No. 214 "On the establishment of the Sochi National Park", the Sochi National Park of the Ministry of Forestry of the RSFSR was created. By the same decree, the lands of the state forest fund were provided for the use of the Sochi National Park. By virtue of Art. 3, 4, 29 of the Forest Code of the RSFSR (Law of the RSFSR of 08.08.1978, hereinafter - the LC of the RSFSR of 1978, expired on 06.03.1993) all forests, including forests of national parks, form a single state forest fund and are exclusively owned by the state. Similar provisions are established by Art. Art. 2, 14 of the Fundamentals of the Forestry Legislation of the Russian Federation, approved by the Supreme Council of the Russian Federation dated 06.03.1993 N 4613-1 (hereinafter - the Fundamentals of Forestry Legislation of the Russian Federation dated 06.03.1993), which invalidated the LK of the RSFSR of 1978. Articles 7, 19, 56 of the Forest Code of the Russian Federation (Federal Law of January 29, 1997 No. 22 - FZ, hereinafter - the RF LC of 1997), with the adoption of which the Fundamentals of Forest Legislation of the Russian Federation of March 6, 1993 became invalid, stipulates that the forests of national parks are owned by the Russian Federation. In accordance with cl. 2 tbsp. 12 Fede of the Federal Law of 14.03.1995 No. 33 - FZ "On Specially Protected Natural Areas". NS . 6 tbsp. 95 of the Land Code of the Russian Federation, national parks, the lands and land plots located on them, are exclusively federal property.
Thus, by virtue of the above-mentioned provisions of the legislation, the land plots that were part of the Sochi National Park are in federal ownership. And the Forest Inventory Enterprise "Voronezhlesproekt", subordinate to the Federal Forestry Agency, in 1997-1998 carried out the forest inventory of the Sochi National Park, as a result, cartographic forest management plans that determined the boundaries of the Sochi National Park, which were put on the state cadastral register. The current borders of the national park are determined by the Decree of the Government of the Russian Federation dated June 25, 2013 No. 534 "On expanding the territory of the Sochi National Park" (as amended by the Resolution of the Government of the Russian Federation dated June 19, 2017 No. 729), and the federal lands retired from its composition on the basis of decisions of the Sochi City Council No. 89 of 07/14/2009, No. 21 of 03/20/2021 are included in the boundaries of the settlements of the city - the resort of Sochi.
According to the conclusion of the specialist of the head of the scientific department of the FSBI "Sochi National Park" from 15.09.2021 - 11,066 land plots formed within the boundaries of the settlements of Sochi are imposed on federal property lands that were previously included in the Sochi National Park based on the materials of the specified forest management.
The overlapping area was 4,983.01 ha ... ..
The body authorized to exercise the functions of the owner of federal property (MTU Rosimushchestvo) did not take a decision on the alienation of the lands that had been disposed of and the national park, which indicates their illegal withdrawal from the property of the Russian Federation.
Thus, in the period from 1998 to the present, a more accurate date has not been established by the preliminary investigation body, unidentified persons, acting by a group of persons by prior conspiracy on the territory of the city of Sochi, Krasnodar Territory, with intent to swindle, that is, to acquire the right to other people's property, out of selfish motives, by deceiving employees of the Office of the Federal Service for State Registration, Cadastre and Cartography in the Krasnodar Territory in Sochi and employees of the Sochi Department (branch) of the Federal State Institution Land Cadastral Chamber >> Krasnodar Territory, Sochi (currently the Territorial Department No. 14 in the city of Sochi and the Tuapse district of the branch of FGBU "FKP Rosreestr" in the Krasnodar Territory), realizing the social danger of their actions, anticipating the inevitability of the onset of socially dangerous consequences and wishing their occurrence, knowing that the local government of Sochi has no legal right to dispose federal property, taking advantage of the fact that the clarification of the boundaries of the land plots of the Sochi National Park MTU Rosimushchestvo was not carried out, submitted to the Office of the Federal Service for State Registration, Cadastre and Cartography in the Krasnodar Territory in Sochi and the Sochi Department (branch) of the Federal State Institution "Land Cadastral Chamber" of the Krasnodar Territory Sochi (currently, the Territorial Department No. 14 for the city of Sochi and the Tuapse district of the branch of the FKP Rosreestr in the Krasnodar Territory), forged documents on the availability of rights to land plots located on the territory of the city of Sochi in the Krasnodar Territory, and inaccurate information about the location of the borders of the specified land plots, which led to the illegal registration of 11,066 land plots with a total area of 4983.01 hectares, within the boundaries of lands belonging to the Russian Federation, and the subsequent implementation of state registration of ownership rights, which were removed from federal ownership in favor of third parties, thereby acquired through fraud the ownership of the property of the Russian Federation, namely: 11,066 land plots, with a total area of 4983.01 hectares, with a cadastral value of more than 1,000,000,000.00 rubles, thereby causing damage to the Russian Federation for the indicated amount. which is especially large
21.09.2021 The Russian Federation was recognized as a victim in this criminal case, and the Deputy Head of the Department of the Federal State Property Management and Interaction with State and Municipal Authorities in Sochi of the Interregional Territorial Administration of the Federal Agency for State Property Management in the Krasnodar Territory Kovalenko Marina Valerievna according to the power of attorney from 03/18/2021 No. 23 - CM - 11/4803 is endowed with the appropriate powers to represent the interests of the Russian Federation in the law enforcement agencies of the Russian Federation, in court According to the conclusion specialist from 09/16/2021
Based on the results of comparison of forest inventory materials of the Sochi National Park as of 1998 with the boundaries of settlements in Sochi, the area of their intersection is 5,811.06 ha. Within the specified intersection area, 11,066 land plots were formed, put on cadastral records. The intersection area with 11,066 land plots registered in the cadastre is 4983.01 ha.
The area of intersection with land not registered in the cadastre is 828.05 ha. 2. The analysis of the information from the public cadastral map of Rosreestr established that 7,614 land plots are built up, with a total intersection area of 2,673.003 ha.
Undeveloped (covered with forest vegetation) are 3,452 land plots with a total area of intersection of 2,310.007 ha.
To be continued